Related provisions for PERG 4.10B.8

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PERG 4.10B.9GRP

Table: Definition of consumer buy-to-let business

Activity

Explanation

Entering into, or promising to enter into, aCBTL credit agreement in the course of a trade, business or profession (acting as a CBTL lender)

See PERG 4.10B.11G(1)

Administering a CBTL credit agreement in the course of a trade, business or profession (acting as a CBTL lender)

See PERG 4.10B.11G(2)

Acting as a CBTL arranger in relation to a CBTL credit agreement

See PERG 4.10B.12G

Acting as a CBTL adviser in relation to a CBTL credit agreement

See PERG 4.10B.13

A CBTL credit agreement is explained in PERG 4.10B.10G
FEES 4.4.9DRP
3To the extent that a firm4 has provided the information required by FEES 4.4.7 D to the FCA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of that direction.444
FEES 5.9.3GRP
[deleted]3838
SUP 15.13.7GRP
The MCD Order requires notification to be given immediately. The FCA expects CBTL firms to act with all due urgency in notifying it of any relevant event, and it is unlikely that the FCA will regard delay in excess of 5 working days as complying with the CBTL firm's obligations.
DEPP 2.5.18GRP
Some of the distinguishing features of notices given under enactments other than the Act are as follows: (1) [deleted]66(2) [deleted]66(3) Friendly Societies Act 1992, section 58A1: The warning notice and decision notice must set out the terms of the direction which the FCA6 proposes or has decided to give and any specification of when the friendly society is to comply with it. A decision notice given under section 58A(3) must give an indication of the society's right, given by
ICOBS 2.1.4GRP

In practice, private individuals may act in a number of capacities. The following table sets out a number of examples of how an individual acting in certain capacities should, in the FCA's view, be categorised.

Customer classification examples

Capacity

Classification

Personal representatives, including executors, unless they are acting in a professional capacity, for example, a solicitor acting as executor.

Consumer

Private individuals acting in personal or other family circumstances, for example, as trustee of a family trust.

Consumer

Trustee of a trust such as a housing or NHS trust.

Commercial customer

Member of the governing body of a club or other unincorporated association such as a trade body and a student union.

Commercial customer

Pension trustee.

Commercial customer

Person taking out a policy covering property bought under a buy-to-let mortgage.

Commercial customer

Partner in a partnership when taking out insurance for purposes related to his profession.

Commercial customer