Related provisions for SYSC 5.2.50

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To access the FCA Handbook Archive choose a date between 1 January 2001 and 31 December 2004 (From field only).

MAR 5A.5.5RRP
A firm must have the ability to:(1) temporarily halt or constrain trading on the OTF if there is a significant price movement in a financial instrument on the OTF or a related trading venue during a short period; and(2) in exceptional cases, cancel, vary, or correct, any transaction.[Note: article 48(5) of MiFID]
MAR 5A.5.8RRP
A firm must have systems and procedures to notify the FCA if:(1) an OTF operated by it is material in terms of the liquidity of the trading of a financial instrument3; and(2) trading is halted in that instrument.[Note: article 48(5) of MiFID]
MAR 5A.5.11RRP
A firm’s fee structure, for all fees it charges and rebates it grants in relation to the OTF, must:(1) be transparent, fair and non-discriminatory; (2) not create incentives to place, modify or cancel orders, or execute transactions, in a way which contributes to disorderly trading or market abuse; and(3) impose market making obligations in individual financial instruments or suitable baskets of financial instruments for any rebates that are granted. [Note: article 48(9) of
MAR 5A.5.12GRP
Nothing in MAR 5A.5.11R prevents a firm:(1) adjusting its fees for cancelled orders according to the length of time for which the order was maintained;(2) calibrating its fees to each financial instrument to which they apply;(3) imposing a higher fee: (a) for placing an order which is cancelled than an order which is executed;(b) on participants placing a high ratio of cancelled orders to executed orders; and(c) on a person operating a high-frequency algorithmic trading technique2,in
MAR 5A.5.14RRP
The firm must adopt tick size regimes for financial instruments as required by a regulatory technical standard made under powers conferred by MiFIR3.[Note: article 49 of MiFID and MiFID RTS 11]
MAR 5A.5.15RRP
The tick size regime referred to in MAR 5A.5.14R must:(1) be calibrated to reflect the liquidity profile of the financial instrument in different markets and the average bid-ask spread, taking into account the desirability of enabling reasonably stable prices without unduly constraining further narrowing of spreads; and (2) adapt the tick size for each financial instrument appropriately. [Note: article 49 of MiFID and MiFID RTS 11]
MAR 5.3A.5RRP
A firm must have the ability to:(1) temporarily halt or constrain trading on the MTF if there is a significant price movement in a financial instrument on the MTF or a related trading venue during a short period; and(2) in exceptional cases, cancel, vary or correct any transaction.[Note: article 48(5) of MiFID]
MAR 5.3A.8RRP
A firm must have systems and procedures to notify the FCA if:(1) an MTF operated by the firm is material in terms of the liquidity of trading of a financial instrument3; and(2) trading is halted in that instrument.[Note: article 48(5) of MiFID]
MAR 5.3A.11RRP
A firm’s fee structure, for all fees it charges and rebates it grants in relation to the MTF, must:(1) be transparent, fair and non-discriminatory;(2) not create incentives to place, modify or cancel orders, or execute transactions, in a way which contributes to disorderly trading or market abuse; and(3) impose market making obligations in individual financial instruments or suitable baskets of financial instruments for any rebates that are granted.[Note: article 48(9) of MiFID
MAR 5.3A.12GRP
Nothing in MAR 5.3A.11R prevents a firm:(1) adjusting its fees for cancelled orders according to the length of time the order was maintained;(2) calibrating its fees to each financial instrument to which they apply;(3) imposing a higher fee: (a) for placing an order which is cancelled than for an order which is executed;(b) on participants placing a high ratio of cancelled orders to executed orders; and(c) on a person operating a high-frequency algorithmic trading technique2,in
MAR 5.3A.14RRP
A firm must adopt tick size regimes in:(1) shares, depositary receipts2, exchange-traded funds, certificates and other similar financial instruments traded on the MTF; and(2) any other financial instrument which is traded on that trading venue, as required by a regulatory technical standard made under powers conferred by MiFIR3.[Note: article 49 of MiFID and MiFID RTS 11]
MAR 5.3A.15RRP
The tick size regime referred to in MAR 5.3A.14R must:(1) be calibrated to reflect the liquidity profile of the financial instrument in different markets and the average bid-ask spread, taking into account the desirability of enabling reasonably stable prices without unduly constraining further narrowing of spreads; and(2) adapt the tick size for each financial instrument appropriately.[Note: article 49 of MiFID and MiFID RTS 11]
SYSC 10A.1.1RRP
1Subject to the exemptions in SYSC 10A.1.4R, this chapter applies to a firm:(1) that is a:(a) MiFID investment firm3; or(b) full-scope UK AIFM; or(c) small authorised UK AIFM or residual CIS operator; or(d) [deleted]3(e) UCITS management company; or(f) MiFID optional exemption firm, performing activities covered by the exemption; or(g) [deleted]3(h) third country investment firm; or(i) that carries on activities referred to in the general application rule related to:(i) commodity
SYSC 10A.1.4RRP
This chapter does not apply to the carrying on of: (1) activities between operators and depositaries, of the same fund (when acting in that capacity); or(2) energy market activity and oil market activity which is not MiFID or equivalent third country business but which, if the firm carrying it on were not authorised, would not be a regulated activity because of article 16 of the Regulated Activities Order (Dealing in contractually based investments) or article 22 of the Regulated
SYSC 10A.1.6RRP
A firm must take all reasonable steps to record telephone conversations, and keep a copy of electronic communications, that relate to the activities in financial instruments referred to in SYSC 10A.1.1R(2) (and that are not excluded by SYSC 10A.1.4R), and that are made with, sent from, or received on, equipment:(1) provided by the firm to an employee or contractor; or(2) the use of which by an employee or contractor has been accepted or permitted by the firm.[Note: article 16(7)
SYSC 10A.1.8RRP
The telephone conversations and electronic communications referred to in SYSC 10A.1.6R include those that are intended to result in the performance of the activities in financial instruments referred to in SYSC 10A.1.1R(2), even if those conversations or communications do not in fact result in the performance of such activities.[Note: article 16(7) of MiFID, second subparagraph]
SYSC 10A.1.11RRP
A firm must notify new and existing clients that telephone communications or conversations between the firm and its clients that result or may result in activities in financial instruments referred to in SYSC 10A.1.1R(2) (and that are not excluded by SYSC 10A.1.4R) will be recorded. The notification must be made before the provision of any investment services to new and existing clients.[Note: article 16(7) of MiFID, fourth subparagraph]
MAR 5A.3.6RRP
For the purposes of MAR 5A.3.5R(2), a “liquid market” means a market for a financial instrument or a class of financial instruments, where there are ready and willing buyers and sellers on a continuous basis, assessed in accordance with the following criteria, taking into consideration the specific market structures of the particular financial instrument or of the particular class of financial instruments:(1) the average frequency and size of transactions over a range of market
MAR 5.10.2RRP
For an MTF to be eligible for registration as an SME growth market, the firm must have effective rules, systems and procedures which ensure that:(1) at least 50% of the issuers whose financial instruments are admitted to trading on the MTF are small and medium-sized enterprises at the time when the MTF is registered as an SME growth market, and in any calendar year thereafter;(2) appropriate criteria are set for initial and ongoing admission to trading of financial instruments
MAR 5.10.5RRP
(1) Where a financial instrument of an issuer is admitted to trading on one SME growth market, the financial instrument must not be traded on another SME growth market unless the issuer has been informed and has not objected. (2) In the case of (1), the issuer shall not be subject to any obligation relating to corporate governance or initial, ongoing or ad hoc disclosure with regard to the latter SME growth market.[Note: article 33(7) of MiFID]
MAR 7A.3.5RRP
For the purpose of MAR 7A.3.4R, the firm must take into account: (1) the liquidity, scale and nature of the specific market; and (2) the characteristics of the instrument traded. [Note: article 17(3) of MiFID]
MAR 5A.4.1RRP
1A firm must have:(1) transparent rules and procedures for fair and orderly trading; [Note: article 18(1) of MiFID](2) objective criteria for the efficient execution of orders2;[Note: article 18(1) of MiFID](3) arrangements for the sound management of the technical operations of the facility, including the establishment of effective contingency arrangements to cope with the risks of systems disruption;[Note: article 18(1) of MiFID](4) transparent rules regarding the criteria for
MAR 5A.4.2RRP
A firm must:(1) ensure the OTF has at least three materially active members or users who each have the opportunity to interact with all the others in respect of price formation;[Note: article 18(7) of MiFID](2) provide the following to the FCA: (a) a detailed description of the functioning of the OTF, including any links to or participation by a regulated market, an MTF or OTF or systematic internaliser owned by the same firm; and(b) a list of its members, participants and users;
SUP App 3.9.4GRP

1

Table 1: CRD activities6

6

Part II RAO Activities

Part III RAO Investments

1.

Taking6 deposits and other repayable funds from the public

6

Article 5

Article 74

2.

Lending

Article 61, 64

Article 88

3.

Financial leasing

4.

Money transmission services

5.

Issuing and administering means of payment (eg credit cards, travellers' cheques and bankers' drafts)

6.

Guarantees and commitments

7.

Trading for own account or for account of customers in:

(a) money market instruments

(b) foreign exchange

(c) financial futures and options

(d) exchange and interest rate instruments

(e) transferable securities

Article 14, 21, 25 (see Note 1), 64

Article 14, 21, 25, 64

Article 14, 21, 25, 64

Article 14, 21, 25, 64

Article 14, 21, 25, 64

Article 77, 78, 80, 83-85, 89

Article 83-85, 89

Article 83-85, 89

Article 83-85, 89

Article 76-81, 89

8.

Participation in share issues and the provision of services relating to such issues

Article 14, 21, 25, 53(1)10, 64

Article 76-81, 89

9.

Advice to undertakings on capital structure, industrial strategy and related questions and advice and services relating to mergers and the purchase of undertakings

Article 14, 21, 25, 53(1)10, 64

Article 76-80, 83-85, 89

10.

Money broking

Article 25, 64

Article 77, 78, 89

11.

Portfolio management and advice

Article 14, 21, 25, 37, 53(1)10, 64

Article 76-81, 83-85, 89

12.

Safekeeping and administration of securities

Article 40, 45, 64

Article 76-81, 83-85, 89

13.

Credit reference services

14.

Safe custody services

 1 16

615.

Issuing electric money

Article 9B

Article 74A

3Note 12: The services and activities provided for in Sections A and B of Annex I of MiFID when referring to the financial instruments provided for in Section C of Annex I of that Directive are subject to mutual recognition according to the CRD from 1 January 2013.6See2 the table at SUP App 3.9.5 G below for mapping of MiFIDinvestment services and activities.For further details relating to this residual category, please see the "CRD"6section of the passporting forms entitled "Notification of intention to establish a branch in another EEA State" and "Notification of intention to provide cross border services in another EEA State".2

266
SUP App 3.9.5GRP

3Table 2: MiFIDinvestment services and activities

Part II RAO Activities13

Part III RAO Investments

A MiFIDinvestment services and activities

1.

Reception and transmission of orders in relation to one or more financial instruments

Article 252

Article 76-81, 82B,12 83-85, 89

2.

Execution of orders on behalf of clients

Article 14, 21

A Article 76-81,82B,12 83-85, 89

3.

Dealing on own account

Article 14

Article 76-81, 82B,12 83-85, 89

4.

Portfolio management

Article 37 (14, 21, 25 - see Note 1) 2

Article 76-81, 82B,12 83-85, 89

5.

Investment advice

Article 53(1)10

Article 76-81, 82B,12 83-85, 89

6.

Underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis

Article 14, 21

Article 76-81, 82B,12 83-85, 89

7.

Placing of financial instruments without a firm commitment basis

Article 21, 25

Article 76-81, 82B,12 83-85, 89

8.

Operation of Multilateral Trading Facilities

Article 25D5 (see Note 2)

5

Article 76-81, 82B,12 83-85, 89

12 9.

Operation of an OTF

Article 25DA (see Note 3)

Article 77, 77A, 78, 79, 80, 81, 82B, 83-85, 89

Ancillary services

Part II RAO Activities

Part III RAO Investments

1.

Safekeeping and administration of financial instruments for the account of clients, including custodianship and related services such as cash/collateral management

Article 40, 45, 64

Article 76-81, 82B,12 83-85, 89

2.

Granting credits or loans to an investor to allow him to carry out a transaction in one or more of the relevant instruments where the firm granting the credit or loan is involved

3.

Advice to undertakings on capital structure, industrial strategy and related matters and advice and services relating to mergers and the purchase of undertakings

Article 14, 21, 25, 53(1)10, 64

Article 76-80, 82B,12 83-85, 89

4.

Foreign exchange services where these are connected with the provision of investment services

Article 14, 21, 25, 53(1)10, 64

Article 83-85, 89

5.

Investment research and financial analysis or other forms of general recommendation relating to transactions in financial instruments

Article 53(1)10, 64 (see Note 4)13

Article 76-81, 82B,12 83-85, 89

6.

Services related to underwriting

Article 25, 53(1)10, 64

Article 76-81, 82B,12 83-85, 89

7.

Investment services and activities as well as ancillary services of the type included under Section A or B of Annex I related to the underlying of the derivatives included under Section C 5, 6, 7 and 10-where these are connected to the provision of investment or ancillary services.

Article 14, 21, 25, 25D,5 37, 53(1)10, 64

5

Article 83 and 84

Note 1. A firm may also carry on these other activities when it is managing investments.2

Note 2. A firm operating an MTF under article 25D5 does not need to have a permission covering other regulated activities, unless it performs other regulated activities in addition to operating an MTF.

5

Note 3. A firm operating an OTF under article 25DA does not need to have a permission covering other regulated activities, unless it performs other regulated activities in addition to operating an OTF.12

13Note 4: A firm which provides investment research and financial analysis or other forms of general recommendation relating to transactions in financial instruments does not need permission under article 53(1) of the Regulated Activities Order if it is appropriately authorised (see article 53(1) to (1D) of the Regulated Activities Order).

MAR 5.3.1RRP
1A firm4 must have:(1) transparent4 rules and procedures for fair and orderly trading;[Note: articles 18(1) and 19(1)4of MiFID](2) objective criteria for the efficient execution of orders which are established and implemented in non-discretionary rules4; [Note: articles 18(1) and 19(1)4 of MiFID](2A) arrangements for the sound management of the technical operations of the facility, including the establishment of effective contingency arrangements to cope with the risks of systems
MAR 5.3.1ARRP
4A firm must:(1) ensure the MTF has at least three materially active members or users who each have the opportunity to interact with all the others in respect of price formation;[Note: article 18(7) of MiFID](2) have arrangements to ensure it is adequately equipped to manage the risks to which it is exposed, to implement appropriate arrangements and systems to identify all significant risks to its operation and put in place effective measures to mitigate those risks;[Note: article
SYSC 5.1.5AARRP
11SYSC 5.1.5ABR applies to a common platform firm and a third country firm:(1) in relation to its MiFID or equivalent third country business;(2) in respect of any natural persons (“relevant individuals”) who, on behalf of the firm:(a) make personal recommendations to clients in relation to financial instruments or structured deposits; or(b) provide information to retail clients or professional clients about financial instruments, structured deposits, investment services or ancillary
CASS 6.1.24GRP
The custody rules also, where relevant,2implemented15 the provisions of MiFID which regulated15 the obligations of a firm when it held15financial instruments belonging to a client in the course of its MiFID business.2
REC 3.15.2RRP
Where, for any reason, an RIE halts trading in a financial instrument on a trading venue which is material in terms of liquidity in that financial instrument,4it must immediately give the FCA3notice of that event, particulars of that financial instrument4, and the reasons for the action taken.[Note: article 48(5) of MiFID and MiFID RTS 12]43
REC 3.15.2ARRP
1When a UK RIE suspends trading on a trading venue4 in any financial instrument, it must immediately give the FCA3notice of that event and relevant information including particulars of that financial instrument and the reasons for the action taken. [Note: articles 32(2) and 52(2), paragraph 14 of MiFID. REC 2.6.6UK(4)5 requires that the FCA be notified when a trading suspension for a financial instrument is lifted or a financial instrument is re-admitted to trading. MiFID ITS
MAR 9.1.2GRP
The original purpose of this chapter was to implement2 Title V of MiFID which2 sets out harmonised market data services authorisation and supervision requirements. These are designed to ensure a necessary level of quality of trading activity information across EU financial markets for users, and for competent authorities the regulator2 to receive accurate and comprehensive information on relevant transactions. These requirements provide for:(1) approved publication arrangements
REC 4.2D.10GRP
[deleted]76
SUP 17A.2.1BGRP
2A firm in SUP 17A.1.1.R(4) may use a third party technology provider to submit to the FCAfinancial instrument reference data in respect of a financial instrument traded on its system provided that it does so in a manner consistent with MiFID and MiFIR. Firms will retain responsibility for the completeness, accuracy and timely submission of the data. A firm should be the applicant for, and should complete and sign, the FCA MDP on-boarding application form.
MAR 5A.8.1RRP
1A firm must: (1) report to the FCA any:(a) significant breaches of the firm’s rules; (b) disorderly trading conditions; (c) conduct that may involve market abuse; and (d) system disruptions in relation to a financial instrument; (2) supply the information required under this rule without delay to the FCA and any other authority competent for the investigation and prosecution of market abuse; and (3) provide full assistance to the FCA, and any other authority competent for the
MAR 5A.9.1RRP
1A firm must: (1) not exercise any power under its rules to suspend or remove from trading any financial instrument which no longer complies with its rules, where such a step would be likely to cause significant damage to the interest of investors or the orderly functioning of the trading venue; (2) where it does suspend or remove from trading a financial instrument, also suspend or remove derivatives that relate or are referenced to that financial instrument, where necessary
MAR 5.6A.1RRP
1A firm must:(1) not exercise any power under its rules to suspend or remove from trading any financial instrument which no longer complies with its rules, where such a step would be likely to cause significant damage to the interest of investors or the orderly functioning of the trading venue;(2) where it does suspend or remove from trading a financial instrument, also suspend or remove derivatives that relate, or are referenced, to that financial instrument, where necessary