Related provisions for CONC 8.7.7
381 - 400 of 591 items.
(1) The authorised fund manager of a UCITS scheme whose units are being marketed in a Host State must ensure that investors within the territory of that Host State are provided with all the information and documents which it is required by the Handbook to provide to investors in the United Kingdom.(2) The information and documents referred to in (1) must be provided to investors in the way prescribed by the laws, regulations or administrative provisions of the Host State and in
(1) Any document or notice to be served on or information to be given to, any person, including the
FCA
, must be in legible form.(2) For the purposes of this rule, any form is legible form which:(a) is consistent with the ICVC's, the directors', the authorised fund manager's or the depositary's knowledge of how the recipient of the document wishes or expects to receive the document;(b) is capable of being provided in hard copy by the authorised fund manager, the depositary or
A UCITS qualifier should refer to COLLG or to the following sections of COLL for requirements for recognised schemes4:44(1) COLL 9.2.1 G for guidance on notifications;4(2) COLL 9.2.1 G for guidance on information and documentation requirements; and4(3) COLL 9.4 which includes rules4on what facilities need to be maintained.44
A UK recognised body must give the FCA1:1(1) a copy of its annual report and accounts; and(2) a copy of the consolidated annual report and accounts: (a) of any group in which the UK recognised body is a subsidiary undertaking; or(b) (if the UK recognised body is not a subsidiary undertaking in any group) of any group of which the UK recognised body is a parent undertaking;no later than the time specified for the purpose of this rule in REC 3.8.2 R.
(1) 2SUP 10C.1.4R reflects the provisions of section 59(8) of the Act and, where relevant, the Treaty.(2) It preserves the principle of Home State prudential regulation. (3) For an EEA relevant authorised person, the effect is to reserve to the Home State regulator the assessment of fitness and propriety of a person performing a function in the exercise of an EEA right. A member of the governing body, or the notified3UKbranchmanager, of an EEA relevant authorised person, acting
(1) An authorised fund must have:(a) an annual accounting period;33(b) a half-yearly accounting period; and(c) an accounting reference date.(2) A half-yearly accounting period begins when3 an annual accounting period begins3 and ends on:13(a) the day which is six months before the last day of that annual accounting period; or(b) some other reasonable date as set out in the prospectus of the scheme.1(3) The first annual accounting period of a scheme must begin:(a) on the first
(1) This rule deals with positions in CIUs.(2) The actual foreign currencypositions of a CIU must be included in a firm'sforeign currency PRR calculation under BIPRU 7.5.1 R1.(3) A firm may rely on third party reporting of the foreign currencypositions in the CIU, where the correctness of this report is adequately ensured.(4) If a firm is not aware of the foreign currencypositions in a CIU, the firm must assume that the CIU is invested up to the maximum extent allowed under the
In MCOB 7.6.7 R (Further advances), MCOB 7.6.18 R (Rate switches) and MCOB 7.6.22 R (Addition or removal of a party to the contract), if a customer submits an informal application as his first contact with a firm, the illustration required to be provided to a customer in accordance with those rules must be provided and the transaction must not proceed until the customer has made a formal application confirming that it should proceed.
(1) 1A firm must not enter into an agreement with a customer under which a charge is, or may become, payable for an optional additional product unless the customer has actively elected to obtain that specific product. (2) A firm must not impose a charge on a customer for an optional additional product under an agreement entered into on or after 1 April 2016 unless the customer actively elected to obtain that specific product before becoming bound to pay the charge.(3) A firm must
(1) A SRB agreement provider intending to enter into a2specific regulated sale and rent back agreement with a SRB agreement seller and before it complies with the other requirements in this section, must ensure that the property is properly valued by a valuer:2(a) that meets the competence and independence requirements (see MCOB 2.6A.12 R, MCOB 2.6A.12A R and MCOB 2.6A.13 E ); and (b) using the definition of "market value" set out in the Valuation Standard of the Royal Institution
This table belongs to COLL 7.1.1 R.
Depositary of an ICVC |
3Authorised fund manager of an AUT or ACS 3 |
3Depositary of an AUT or ACS 3 |
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7.1.1 |
x |
x |
x |
x |
x |
x |
7.1.3 |
x |
x |
x |
x |
x |
x |
7.2.1 |
x |
x |
x |
x |
x |
|
7.3.1 |
x |
x |
x |
x |
||
7.3.2 |
x |
x |
x |
x |
||
7.3.3 |
x |
x |
x |
|||
7.3.4 |
x |
x |
x |
|||
7.3.5 |
x |
x |
||||
7.3.6 |
x |
x |
x |
|||
7.3.7 |
x |
x |
x |
x |
||
7.3.8 |
x |
x |
||||
7.3.9 |
x |
|||||
7.3.10 |
x |
x |
x |
x |
||
7.3.11 |
x |
|||||
7.3.12 |
x |
x |
||||
7.3.13 (1) |
x |
x |
||||
7.3.13 (2) |
x |
x |
||||
7.4*3 |
x |
x |
||||
37.4A* |
x |
x |
||||
7.5 |
x |
x |
x |
x |
x |
|
7.6 |
x |
x |
x |
x |
x2 |
|
27.7 |
x |
x |
x |
x |
x |
x |
3Notes: |
(1) |
"x" means "applies", but not every paragraph in every rule will necessarily apply. |
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(2) |
*COLL 7.4 does not apply to the authorised contractual scheme manager or depositary of an ACS. |
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(3) |
*COLL 7.4A does not apply to the manager or depositary of an AUT. |
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(1) Failure to comply with CONC 6.5.2 R, which sets out when a firm must give notice to a customer where a regulated credit agreement has been assigned to a third party, will be taken into account by the FCA in taking decisions about a firm'spermission or about taking other action.[Note: paragraph 3.7g of DCG](2) CONC 6.5.2 R makes it clear that where arrangements for servicing the credit change at the time of the assignment of a regulated credit agreement, notice must be given
A subordinated loan/debt must not form part of the prudential resources of the firm unless it meets the following conditions:(1) it has an original maturity of:(a) at least five years; or(b) it is subject to five years' notice of repayment;(2) the claims of the subordinated creditors must rank behind those of all unsubordinated creditors;(3) the only events of default must be non-payment of any interest or principal under the debt agreement or the winding up of the firm;(4) the
This section sets out the requirements a firm must comply with when it allows another person to hold client money, other than under CASS 7.13.3 R, without discharging its fiduciary duty to that client. Such circumstances arise when, for example, a firm passes client money to a clearing house in the form of margin for the firm's obligations to the clearing house that are referable to transactions undertaken by the firm for the relevant clients. They may also arise when a firm passes
(1) The authorised fund manager operates the scheme on a day-to-day basis. Its operation is determined by the rules in this chapter, which require appropriate powers in the instrument constituting the fund3 or refer to the need to state the relevant operating procedures in the prospectus of the scheme.3(2) The authorised fund manager does not necessarily have to carry out all the activities it is responsible for and may delegate functions to other persons. The rules in this chapter
If:(1) a firm appoints an individual to perform a function which, but for this rule, would be an FCA significant-influence function;(2) the appointment is to provide cover for an approved person whose absence is:(a) temporary; or(b) reasonably unforeseen; and(3) the appointment is for less than 12 weeks in a consecutive 12-month period;the description of the relevant FCA significant-influence function does not relate to those activities of that individual.