Related provisions for MIPRU 2.1.2

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PERG 4.11.9GRP

Simplified summary of the territorial scope of the regulated mortgage activities, to be read in conjunction with the rest of this section.

This table belongs to PERG 4.11.8 G

4Regulated activities other than advice

Location of establishment of service provider:

Location of land:

Individual borrower resident and located:

UK or non-UKperson: Establishment in the UK

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

Yes

Yes

land in another EEA State

Yes

Yes

Yes

UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

Yes

Yes

land in another EEA State (Note 1)

No

No

No

Non-UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

No

No

land in another EEA State

No

No

No

Yes = authorisation or exemption required

No = authorisation or exemption not required

Note 1: If the service provider is a UK firm operating from an office in another EEA State in the exercise of rights under a Single Market Directive, the activities will be treated as taking place in the United Kingdom and the firm will need to make sure that its permission covers the regulated mortgage activities it is carrying out. See PERG 4.11.5G (1).

4The regulated activity of advice

Location of establishment of service provider:

Location of land:

Individual borrower resident and located:

UK or non-UKperson: Establishment in the UK

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

Yes

Yes

land in another EEA State

Yes

Yes

Yes

UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

No

No

land in another EEA State (Note 1)

Yes

No

No

Non-UKperson: Establishment in another EEA State or in a country outside the EEA

in the UK

in another EEA State

outside the EEA

land in the UK

Yes

No

No

land in another EEA State

Yes

No

No

Yes = authorisation or exemption required

No = authorisation or exemption not required

Note 1: If the service provider is a UK firm operating from an office in another EEA State in the exercise of rights under a Single Market Directive, the activities will be treated as taking place in the United Kingdom and the firm will need to make sure that its permission covers the regulated mortgage activities it is carrying out. See PERG 4.11.5G (1).
COND 2.2.2GRP
6Paragraph 2B(1) of Schedule 6 to the Act implements article 7(1)(d) of the UCITS Directive, paragraphs 2B(1) to 2B(23) of Schedule 6 to the Act implement article 5(4) of MiFID, paragraph 2B(4) of Schedule 6 to the Act implements article 2(1)(10) of the IDD7 and paragraph 2B(7) of Schedule 6 to the Act implements article 8(1)(e) of AIFMD, although the Act extends the threshold condition set out in paragraph 2B of Schedule 6 of the Act to authorised persons that are not PRA-authorised
EG 8.6.3RP
3The FCA views this cooperation and collaboration as essential to effective regulation of the international market in financial services. It will therefore exercise its own-initiative powers wherever: (1) an EEACompetent authority requests it to do so; and (2) it is satisfied that the use of the power is appropriate (having regard to the considerations set out at paragraphs 8.2.1 to 8.2.6) to enforce effectively the regulatory requirements imposed under the Single Market Directives
PERG 2.9.18GRP
(1) In accordance with article 3(2) of the E-Commerce Directive, all requirements on persons providing electronic commerce activities into the United Kingdom from the EEA are lifted, where these fall within the co-ordinated field and would restrict the freedom of such a firm to provide services. The coordinated field includes any requirement of a general or specific nature concerning the taking up or pursuit of electronic commerce activities. Authorisation requirements fall within
PERG 2.5.3GRP
The application of certain of the exclusions considered in PERG 2.8 (Exclusions applicable to certain regulated activities) and PERG 2.9 (Regulated activities: exclusions applicable to certain circumstances) is modified in relation to persons who are subject to MiFID2, the IDD8 and the MCD.6 The reasons for this and the consequences of it are explained in PERG 2.5.4 G for MiFID, PERG 5 (Guidance on insurance distribution activities) for the IDD,8 and PERG 4.10A for the MCD.6for
SUP 11.2.7GRP
The requirements in SUP 11 implement certain provisions relating to changes in control and close links required under the Single Market Directives.2
SUP 6.2.13GRP
A UK firm which, as well as applying to vary or cancel its Part 4A permission,8 wishes to vary or terminate any business which it is carrying on in another EEA State under one of the Single Market Directives, should follow the procedures in SUP 13 (Exercise of passport rights by UK firms) on varying or terminating its branch or cross border services business.8
SUP 13A.7.1GRP
If a person established in the EEA: (1) does not have an EEA right; (2) does not have permission as a UCITS qualifier; and(3) does not have, or does not wish to exercise, a Treaty right (see SUP 13A.3.4 G to SUP 13A.3.11 G);to carry on a particular regulated activity in the United Kingdom, it must seek Part 4A permission from the appropriate UK regulator3 to do so (see the appropriate UK regulator's website: www.fca.org.uk/firms/authorisation/apply-authorisation for the FCA and
ICOBS 1.1.4GRP
Guidance on the application provisions is in ICOBS 1 Annex 1 (Part 4).
PRIN 1.1.2GRP
The Principles are a general statement of the fundamental obligations of firms under the regulatory system. This includes provisions which implement the Single Market Directives.5 They derive their authority from the FCA’s11 rule-making powers as set out in the Act and reflect the statutory objectives.3
SUP 10C.1.4RRP
2This chapter does not apply to an EEA relevant authorised person if and in so far as the question of whether a person is fit and proper to perform a particular function in relation to that firm is reserved to an authority in a country or territory outside the United Kingdom under:(1) the Single Market Directives;(2) the Treaty;(3) the auction regulation;4(4) the benchmarks regulation.4
COCON 1.1.12RRP
5A person will not be subject to COCON to the extent that it would be contrary to the UK's obligations under a Single Market Directive, the auction regulation or the benchmarks regulation11.
PERG 2.4.3GRP
Section 418 of the Act (Carrying on regulated activities in the United Kingdom) takes this one step further. It extends the meaning that 'in the United Kingdom' would ordinarily have by setting out five additional cases. The Act states that, in these five cases, a person who is carrying on a regulated activity but who would not otherwise be regarded as carrying on the activity in the United Kingdom is, for the purposes of the Act, to be regarded as carrying on the activity in
SUP 13A.3.2GRP
(1) On qualifying for authorisation, subject to SUP 13A.3.1C G (1),6 an EEA firm (except for an EEA firm that has received authorisation under article 18 of the auction regulation)7 will have permission to carry on each permitted activity (see (3) below) which is a regulated activity.6(2) 6[deleted](3) The permitted activities of an EEA firm (except for an EEA firm that has received authorisation under article 18 of the auction regulation)7 are those activities identified in the
SUP 8.6.2GRP
When considering whether it is satisfied under section 138B(2)4, the appropriate regulator4 is required by section 138B(3)4 of the Act:444(1) to take into account whether the waiver relates to a rule contravention of which is actionable under section 138D4 of the Act (Actions for damages); Schedule 5 identifies such rules;4(2) to consider whether its publication would prejudice, to an unreasonable degree, the commercial interests of the firm concerned, or any other member of its