Related provisions for SUP App 3.6.1

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COLL 6.3.1RRP
8(1) 8Subject to (3) and (4), this12 section applies to an authorised fund manager, a depositary, an ICVC and any other director of an ICVC.(2) [deleted]13(3) The following rules and guidance do not apply to an authorised fund manager, a depositary, an ICVC, or any other director of an ICVC where the authorised fund is a regulated money market fund: 12(a) COLL 6.3.3R;12(b) COLL 6.3.3DR;12(c) COLL 6.3.4R(1) and (3) to (6D);12(d) COLL 6.3.5R; and12(e) COLL 6.3.5AR to COLL 6.3.5CG.12(4)
COLL 6.3.3ARRP
(1) 8An authorised fund manager of a UCITS scheme13must ensure the employment of the accounting policies and procedures referred to in SYSC 4.1.9 R (Accounting policies), so as to ensure the protection of unitholders.(2) Accounting for the scheme shall be carried out in such a way that all assets and liabilities of the scheme can be directly identified at all times.(3) If the scheme is an umbrella, separate accounts must be maintained for each sub-fund.[Note: article 8(1) of the
COLL 6.3.3BRRP
8An authorised fund manager of a UCITS scheme13must have accounting policies and procedures established, implemented and maintained, in accordance with the accounting rules of the United Kingdom13, so as to ensure that the calculation of the net asset value of each scheme it manages is accurately effected, on the basis of the accounting, and that subscription and redemption orders can be properly executed at that net asset value.[Note: article 8(2) of the UCITS implementing D
COLL 6.3.3DRRP
8An authorised fund manager of a UCITS scheme13must establish appropriate procedures to ensure the proper and accurate valuation of the assets and liabilities of each scheme it manages.[Note: article 8(3) of the UCITS implementing Directive]
IFPRU 11.1.6GRP
(1) RRD applies to credit institutions and to investments firms with an initial capital requirement of €730,000. Together, these are referred to as RRD institutions in our rules.(2) It also applies to financial institutions, financial holding companies and mixed financial holding companies within the same group as these institutions that are subsidiaries of a UK parent undertaking. A UK parent undertaking2 is an institution, a financial holding company or a mixed financial holding
IFPRU 11.1.7GRP

The table below summarises whether a section of IFPRU 11 applies to a firm or qualifying parent undertaking:

(1) IFPRU 730k firm that is not subject to supervision on a consolidated basis

(2) firm or qualifying parent undertaking that is the UK parent undertaking2 of an RRD group

2

(4) firm or qualifying parent undertaking that is a subsidiary of a UK parent undertaking2 of an RRD group

(5) qualifying parent undertaking that is a mixed activity holding company of an IFPRU 730k firm

IFPRU 11.1 (Application and purpose)

Yes

Yes

2

Yes

Yes

IFPRU 11.2 (Individual recovery plans)

Yes

No

2

No

No

IFPRU 11.3 (Group recovery plans)

No

Yes

2

No

No

IFPRU 11.4 (Information for resolution plans)

Yes

Yes

2

No

No

IFPRU 11.5 (Intra-group financial support)

No

Yes

2

Yes

Yes (note 12)

IFPRU 11.6 (Contractual recognition of bail-in)

Yes

Yes

2

Yes

Yes (note 22)

IFPRU 11.7 (Notifications)

Yes

Yes

2

Yes

Yes

2

Note 12: IFPRU 11.5 only applies to mixed activity holding companies of an IFPRU 730k firm in an RRD group.

Note 22: IFPRU 11.6 only applies to mixed activity holding companies that do not hold an RRD institution using an intermediate financial holding company or mixed financial holding company.

ICOBS 3.1.1RRP
1This section applies to a firm that carries on any distance marketing activity from an establishment in the United Kingdom, with or for a consumer in the United Kingdom3.
ICOBS 3.1.19RRP
If a firm proposes to enter into a distance contract with a consumer that will be governed by the law of a country outside the United Kingdom3, the firm must ensure that the consumer will not lose the protection created by the rules in this section if the distance contract has a close link with the territory of the United Kingdom3.[Note: articles 12 and 16 of the Distance Marketing Directive]
REC 1.1.1AGRP
[deleted]62
REC 1.1.3GRP
(1) The recognition requirements for UK recognised bodies5are set out, with guidance, in REC 2.6 The RAP recognition requirements (other than requirements under the UK auctioning regulations which are not reproduced in REC) are set out, with guidance, in REC 2A.723(1A) Key relevant MiFID/MiFIR requirements directly applicable to UK recognised bodies are signposted as “Notes”.5(2) The notification rules for UKrecognised bodies are set out in REC 3 together with guidance on those
EG 8.6.2RP
[deleted]53142222
EG 8.6.3RP
[deleted]53
SYSC 19A.1.1RRP
(1) 1The Remuneration Code applies to:33(a) [deleted]63(b) [deleted]63(c) an IFPRU investment firm;6 and73(d) 3an overseas firm that would be an IFPRU investment firm if it had been a UK domestic firm, had carried on all its business in the UK and had obtained whatever authorisations for doing so as are required under the Act.8(2) In relation to a 3firm that falls under (1)(d), the Remuneration Code applies only in relation to activities carried on from an establishment in the
SYSC 19A.1.2GRP
Part 2 of SYSC 1 Annex 1 provides for the application of SYSC 4.1.1 R (General Requirements). In particular, and subject to the provisions on group risk systems and controls requirements in SYSC 12, this means that:(1) in relation to what the Remuneration Code applies to, it:(a) applies in relation to regulated activities, activities that constitute dealing in investments as principal (disregarding the exclusion in article 15 of the Regulated Activities Order (Absence of holding
COLL 12.1.1RRP
(1) 1COLL 12.1 (Introduction) - COLL 12.3 (EEA UCITS management companies) apply to:(a) a UK UCITS management company that operates an EEA UCITS scheme; and(b) (i) an EEA UCITS management company that acts as:(A) (A) the authorised fund manager2 of an AUT or ACS;2 or2(B) (B) the ACD of an ICVC;(ii) any other director of an ICVC; and (iii) an ICVC;that is a UCITS scheme.(c) COLL 12.4 (UCITS product passport) applies in accordance with COLL 12.4.1 R (Application).
COLL 12.1.2GRP
(1) This chapter contains rules and guidance relating to the operation of the management company passport under the UCITS Directive and explains how the passporting regime applies to:(a) a UK UCITS management company that operates an EEA UCITS scheme; and (b) an EEA UCITS management company that acts as the authorised fund manager2 of an AUT, ACS2 or ICVC that is a UCITS scheme;22whether from a branch it establishes in an EEA State other than its Home State or under the freedom
COLL 1.2.2GRP
(1) UCITS schemes6must in particular comply with:(a) COLL 3.2.8 R (UCITS obligations); and(b) the investment and borrowing powers rules for UCITS schemes set out in COLL 5.2 to COLL 5.5 .(2) (a) 5Non-UCITS retail schemes are schemes that do not comply with all the conditions necessary to be a UCITS scheme6.(b) 5A non-UCITS retail scheme is an AIF and must be managed by an AIFM. (c) 5The UK may, under the legislation which implemented6 article 43 of AIFMD, 6impose stricter requirements
COLL 1.2.5GRP
(1) 5Except for (2), all provisions of the Handbook that apply:(a) to a feeder UCITS are also applicable to a pension feeder fund that is constituted as a UCITS scheme; and(b) to a feeder NURS are also applicable to a pension feeder fund that is constituted as a non-UCITS retail scheme.(2) A pension feeder fund may not invest in units of an EEA UCITS scheme unless that scheme is a recognised scheme6(see COLL 5.6.27R and COLL 5.8.2AR).
IPRU-INV 9.2.4RRP
(1) An exempt CAD firm which is not an IDD insurance intermediary3 must have: (a) initial capital of EUR 50,000; or (b) professional indemnity insurance covering the whole territory of the UK4or some other comparable guarantee against liability arising from professional negligence, representing at least EUR 1,000,000 applying to each claim and in aggregate EUR 1,500,000 per year for all claims; or (c) a combination of initial capital and professional
IPRU-INV 9.2.5RRP
(1) An exempt CAD firm that is also an IDD insurance intermediary3 must comply with the professional indemnity insurance requirements at least equal to those set out in IPRU-INV 9.2.4R(1)(b)2 (except that the minimum limits of indemnity are at least EUR 1,300,380 for a single claim and EUR 1,924,5605 in aggregate) and in addition has to have: 3(a) initial capital of EUR 25,000; or (b) professional indemnity insurance covering the whole territory of the
MCOB 3A.1.13RRP
This chapter applies to a firm in relation to:(1) the communication of a financial promotion to a person in the United Kingdom;(2) the communication of a cold call of qualifying credit, a home reversion plan or a regulated sale and rent back agreement, unless it is made from a place, and for the purposes of a business which is only carried on, outside the United Kingdom;(3) the approval of a non-real time financial promotion of qualifying credit, a home reversion plan or a regulated
MCOB 3A.1.16RRP
[deleted]2
SUP 10C.4.2RRP
SUP 10C Annex 1 (What functions apply to what type of firm) sets out which of the functions in SUP 10C.4.3R apply to which kind of firm.4
REC 4.2D.10GRP
[deleted]76
REC 4.2D.11GRP
[deleted]76
MCOB 2.7A.1RRP
1This section applies to a firm carrying on an electronic commerce activity from an establishment in the United Kingdom, with or for a person in the United Kingdom3, in relation to a home finance transaction.
MCOB 2.7A.2RRP
A firm must make at least the following information easily, directly and permanently accessible to the recipients of the information society services it provides:(1) its name;(2) the geographic address at which it is established;(3) the details of the firm, including its e-mail address, which allow it to be contacted rapidly and communicated with in a direct and effective manner;(4) an appropriate statutory status disclosure statement (GEN 4 Annex 1 R), together with a statement
PERG 4.4.1GRP
Article 61(3)(a) of the Regulated Activities Order defines a regulated mortgage contract as a contract which, at the time it is entered into, satisfies the following conditions:(1) the contract is one where a lender provides credit to an individual or trustees (the 'borrower');(2) the contract provides for the obligation of the borrower to repay to be secured by a mortgage on land, where “land” for this purpose means:855(a) in relation to a contract entered into before IP completion
PERG 4.4.5GRP
The condition set out in PERG 4.4.1G (2) means that a regulated mortgage contract must be secured on land, where "land" for this purpose means:855(1) in relation to a contract entered into before IP completion day9, land in the United Kingdom or, if the contract was entered into on or or after 21 March 2016, within the territory of an EEA State; and8(2) in relation to a contract entered into on or after IP completion day9, land in the United Kingdom.8 Contracts which involve taking
PERG 4.4.16GRP
5A mortgage has a wide meaning for the purpose of the definition of a regulated mortgage contract. It includes:(1) a legal mortgage;(2) equitable security;(3) (in Scotland) a heritable security; (4) [deleted]8
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.
INSPRU 1.1.5RRP
[deleted]109
INSPRU 1.1.6GRP
[deleted]108
COLL 6.11.1RRP
(1) 1This section applies to an authorised fund manager of a UCITS scheme.2(2) [deleted]2
COLL 6.11.2RRP
(1) An authorised fund manager of a UCITS scheme 2 must establish and maintain a permanent risk management function.(2) The function referred to in (1) must be hierarchically and functionally independent from operating units, except where such independence would not be appropriate and proportionate in view of the nature, scale and complexity of the authorised fund manager’s 2 business and of each scheme it manages.(3) The authorised fund manager 2 must be able to demonstrate that:(a)
DISP 1.2.2BRRP
[deleted]1412
DISP 1.2.5AGRP
[deleted]147
SUP 10C.1.4RRP
This chapter does not apply to an SMCR firm 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 as contemplated by section 59(8) of the Act. This rule has effect to the extent that, and for as long as, section 59(8) of the Act remains in effect under the standstill direction (as it relates to that section) as defined in the
SUP 10C.1.5GRP
[deleted]8