Related provisions for SUP App 3.3.8

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DTR 5.1.1RRP
1In this chapter:(1) references to an2 "issuer", in relation to shares admitted to trading on a regulated market, are to an issuer whose shares are admitted to trading on a regulated market11;2(2) references to a "non-UKissuer" are to an issuer whose shares are admitted to trading on a regulated market11other than:(a) a public company within the meaning of section 4(2)7of the Companies Act 200674; and434433477(b) a company which is otherwise incorporated in, and whose principal
DTR 5.1.4RRP
(1) References to a market maker are to a market maker which:(a) (subject to (3) below) is authorised by the FCA or the PRA under the United Kingdom provisions which implemented MiFID11;(b) does not intervene in the management of the issuer concerned; and (c) does not exert any influence on the issuer to buy such shares or back the share price.[Note: articles 9(5) and 9(6) of the TD](2) A market maker relying upon the exemption for shares or financial instruments within DTR 5.3.1R(1)10
DTR 5.1.5RRP
(1) The following are to be disregarded for the purposes of determining whether a person has a notification obligation in accordance with the thresholds in DTR 5.1.2 R except at the thresholds of 5% and 10% and above:(a) voting rights attaching to shares forming part of property belonging to another which that person lawfully manages under an agreement in, or evidenced in, writing;(b) voting rights attaching to shares which may be exercisable by a person in his capacity as the
GENPRU 3.2.9RRP
If the Part 4A permission of a firm contains a requirement obliging it to comply with this rule with respect to a third-country banking and investment group of which it is a member, it must comply, with respect to that third-country banking and investment group, with the rules in Part 2 of GENPRU 3 Annex 2, as adjusted by Part 3 of that annex.
ICOBS 3.2.1RRP
This 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 the United Kingdom2.
ICOBS 3.2.2RRP
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 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 which
ICOBS 3.2.8RRP
The requirements relating to the placing and receipt of orders do not apply to contracts concluded exclusively by exchange of e-mail or by equivalent individual communications.[Note: article 10(4) and 11(3) of the E-Commerce Directive]
COLL 4.3.6ARRP
[deleted]7
COLL 4.3.7GRP
(1) Changes may be significant depending in each case on their degree of materiality and effect on the scheme and its unitholders. Consequently the authorised fund manager will need to determine whether in each case a particular change is significant in nature or not.(2) For the purpose of COLL 4.3.6 R a significant change is likely to include:(a) a change in the method of price publication;(b) a change in any operational policy such as dilution policy or allocation of payments
COLL 4.3.10RRP
(1) [deleted]73(2) [deleted]8
DTR 6.3.3ARRP
[deleted]64
DTR 6.3.4RRP
Regulated information must be disseminated in a manner ensuring that it is capable of being disseminated to as wide a public as possible, and as close to simultaneously as possible in the United Kingdom6. [Note: article 12(2) of the TD implementing directive]11
DTR 6.3.10RRP
(1) Information that is disclosed in a third country6 which may be of importance to the public in the United Kingdom6 must be disclosed in accordance with the provisions set out in DTR 6.2 and DTR 6.3. (2) Paragraph (1) applies additionally to information that is not regulated information.[Note: article 23(3) of the TD]
BIPRU 8.3.7GRP
A firm will not be a member of a non-UK sub-group5 unless it is1 also a member of a UK consolidation group. So the first step is to identify each undertaking in the firm'sUK consolidation group that satisfies the following conditions:(1) it isa CAD investment firm,4financial institution or asset management company whose head office is outside the UK5 (a third country investment services undertaking4);44(2) one of the following applies:(a) it is a subsidiary undertaking of a BIPRU
BIPRU 8.3.12GRP
The firm should then identify each undertaking in the firm'sUK consolidation group that satisfies the following conditions:(1) it is a CAD investment firm,4financial institution or asset management company whose head office is outside the UK5 (a third country investment services undertaking);4(2) one of the following applies:(a) it is a subsidiary undertaking of a financial holding company in that UK consolidation group; or(b) a financial holding company in that UK consolidation
BIPRU 8.3.24GRP
[deleted]54444
MCOB 1.3.1RRP
Except as set out in this section, MCOB applies if the customer of a firm carrying on home finance activities2 is, at the time that the home finance activity is carried on, resident in:928(1) 9the United Kingdom; or (2) 9an EEA State, where the activity is carried on:(a) from an establishment maintained by the firm (or its appointed representative) in the United Kingdom; and(b) in respect of a regulated mortgage contract entered into before IP completion day.22
MCOB 1.3.1ARRP
[deleted]8
MCOB 1.3.4RRP
[deleted]8
FEES 4.3.2GRP
(1) The amount payable by each firm will depend upon the category (or categories) of regulated activities or payment services7it is engaged in (fee-blocks)and whether it is issuing electronic money,10 and on the amount of business it conducts in each category (tariff base). The fee-blocks and tariffs are identified in FEES 4 Annex 1AR17 (and guidance on calculating certain of the tariffs is at FEES 4 Annex 12 G and 17FEES 4 Annex 13G15) 17while 27FEES 4 Annex 2AR sets 17 out
FEES 4.3.4GRP
(1) A firm which becomes authorised or registered 7during the course of a fee year26 will be required to pay a proportion of the periodic fee which reflects the proportion of the year for which it will have a permission or the right to provide particular payment services or the right to issue electronic money107- see FEES 4.2.5 G and FEES 4.2.6 R.26(2) Similarly a firm which extends its permission or its right to provide particular payment services7so that its business then falls
FEES 4.3.11GRP
[deleted]2277107107710710
FEES 4.3.12ARRP
[deleted]221010
SUP 18.4.2GRP
Friendly societies are encouraged to discuss a proposed transfer or amalgamation with the appropriate authority2, at an early stage to help ensure that a workable timetable is developed. This is particularly important where there are notification requirements for supervisory authorities in states1 other than the United Kingdom, or for an amalgamation where additional procedures are required.2
SUP 18.4.9GRP
For an amalgamation the successor society, and for a transfer the transferee, may need to apply for permission, or to vary its permission, under Part 4A2 of the Act. The regulators2 will need sufficient time before a transfer is confirmed2 to consider whether any necessary permission or variation should be given. If the transferee is 1a Swiss general insurance company, then confirmation will be needed from its regulator that it meets relevant1 solvency margin requirements (see
SUP 18.4.24GRP
[deleted]12222
SUP 18.4.25GRP
The criteria that the appropriate authority2 must use in determining whether to confirm a proposed amalgamation or transfer are set out in schedule 15 to the Friendly Societies Act 1992. These criteria include that:2(1) confirmation must not be given if the appropriate authority2 considers that:2(a) there is a substantial risk that the successor society or transferee will be unable lawfully to carry out the engagements to be transferred to it;(b) information material to the members'
BIPRU 8.4.9RRP
(1) A CAD Article 22 group means a UK consolidation group or non-UK sub-group3 that meets the conditions in this rule.(2) There must be no bank, building society or2credit institution2 in the UK consolidation group or non-UK sub-group3 and any investment firm in the UK consolidation group or non-UK sub-group3 must not be subject to consolidated supervision under the UK CRR3.112(3) Each CAD investment firm in the UK consolidation group or UK sub-group3 must use the definition
BIPRU 8.4.10GRP
[deleted]311111
BIPRU 8.4.18RRP
If a firm has an investment firm consolidation waiver, it must:(1) ensure that each CAD investment firm in the UK consolidation group or non-UK sub-group3 which is a firm3has in place systems to monitor and control the sources of capital and funding of all the members in the UK consolidation group or non-UK sub-group3;(2) notify the FCA of any serious risk that could undermine the financial stability of the UK consolidation group or non-UK sub-group3, as soon as the firm becomes
SUP 10C.8.4RRP
[deleted] [Editor’s note: The text of this provision has been moved to SUP 10C.8A.2R]4
SUP 10C.8.5GRP
[deleted] [Editor’s note: The text of this provision has been moved to SUP 10C.8A.3G]4
SUP 10C.8.6GRP
[deleted] [Editor’s note: The text of this provision has been moved to SUP 10C.8A.4G]4
PERG 8.21.11GRP
Article 59 is capable of applying to financial promotions in company statements and briefings where they are accompanied by:(1) the whole or any part of the annual accounts of the company (provided it is not an open-ended investment company); or(2) any report prepared and approved by the directors of such a company under sections 414A and 414D of the Companies Act 2006 (strategic reports) or sections 415 and 419 of that Act (directors’ reports).644In this respect, the FCA considers
PERG 8.21.16GRP
Article 68 applies where the financial promotion relates to securities which have not yet been admitted to trading but for which application has been or is to be made. It exempts a non-real time or a solicited real-time financial promotion which a relevant EEA market requires to be communicated before admission to trading can be granted. A relevant EEA market for this purpose is a market with its head office in an EEA State and which meets the conditions in Part I of5 Schedule
PERG 8.21.20GRP
Article 702 applies to a non-real time financial promotion included in:2(1) listing particulars1; or21(2) supplementary listing particulars1; or21(3) a prospectus or supplementary prospectus approved in line with Prospectus Rules – including part of such a prospectus or supplementary prospectus; or7162221(4) any other document required or permitted to be published by listing rules or Prospectus Rules.171Article 70 also applies to a non-real time financial promotion comprising
SYSC 12.1.1RRP
1Subject to SYSC 12.1.2 R to SYSC 12.1.4 R, this section applies to each of the following which is a member of a group:(1) a firm that falls into any one or more of the following categories:(a) an investment firm that is not a designated investment firm18;15(b) [deleted]88(c) an insurer;(ca) a UK ISPV;16(d) [deleted]18(e) a UK parent entity of an investment firm group that is subject to prudential consolidation under MIFIDPRU 2.5 or to the group capital test under MIFIDPRU 2.6;
SYSC 12.1.2RRP
Except as set out in SYSC 12.1.4 R, this section applies with respect to different types of group as follows:(1) SYSC 12.1.8 R and SYSC 12.1.10 R apply with respect to all groups, including 17financial conglomerates and groups dealt with in SYSC 12.1.13 R to 12SYSC 12.1.15 R12;1919(2) the additional requirements set out in SYSC 12.1.11 R and SYSC 12.1.12 R only apply with respect to a financial conglomerate of which notification has been made that it has been identified as a
SYSC 12.1.4RRP
(1) This rule applies in respect of the following rules:(a) SYSC 12.1.8R (2);(b) SYSC 12.1.10R (1), so far as it relates to SYSC 12.1.8R (2);(c) SYSC 12.1.10R (2); and(d) SYSC 12.1.11 R to SYSC 12.1.15 R.(2) The rules referred to in (1):(a) only apply with respect to a financial conglomerate if it is a financial conglomerate of which notification has been made that it has been identified as a financial conglomerate as contemplated by regulation 2 of the Financial Groups Directive
SUP 16.13.2GRP
The purpose of this section is to: 3(1) give directions to authorised payment institutions, small payment institutions and registered account information service providers under regulation 109(1) (Reporting requirements) of the Payment Services Regulations in relation to:31212(a) the information in respect of their provision of payment services and their compliance with requirements imposed by or under Parts 2 to 7 of the Payment Services Regulations that they must provide to
SUP 16.13.3DRP
(1) An authorised payment institution, a small payment institution6 or a registered account information service provider3 must submit to the FCA12 the duly completed return applicable to it as set out in column (2) of the table in SUP 16.13.4D.2212(2) An authorised payment institution, a small payment institution or a registered account information service provider3 must submit the return referred to in (1):(a) in the format specified as applicable in column (3) of the table
SUP 16.13.3ADRP
2SUP 16.3.11 R (Complete reporting) and SUP 16.3.13 R (Timely reporting) also apply to authorised payment institutions, small payment institutions6 and registered account information service providers3 as if a reference to firm in these rules were a reference to these categories of payment service provider3.
SUP 16.13.4DRP

The table below sets out the format, reporting frequency and due date for submission in relation to regulatory returns that apply to authorised payment institutions,3small payment institutions6 and registered account information service providers3.

(1)

(2)

(3)

(4)

(5)

Type of payment service provider3

Return

Format

Reporting Frequency

Due date

authorised payment institution3

Authorised Payment Institution Capital Adequacy Return

FSA056 (Note 1)

Annual (Note 2)

30 business days (Note 3)

3registered account information service provider

Authorised Payment Institution Capital Adequacy Return

FSA056 (Note 1)

Annual (Note 2)

30 business days (Note 3)

3small payment institution

Payment Services Directive Transactions

FSA057 (Note 4)

Annual (Note 5)

1 month3 (Note 3)

Note 1

When submitting the completed return required, the authorised payment institution or registered account information service provider3 must use the format of the return set out in SUP 16 Annex 27CD3. Guidance notes for the completion of the return are set out in SUP 16 Annex 27DG3.

Note 2

This reporting frequency is calculated from an authorised payment institution's or registered account information service provider’s 3accounting reference date.

Note 3

The due dates are the last day of the periods given in column (5) of the table above following the relevant reporting frequency period set out in column (4) of the table above.

Note 4

When submitting the completed return required, the small payment institution must use the format of the return set out in SUP 16 Annex 28CD3. Guidance notes for the completion of the return are set out in SUP 16 Annex 28DG3.

Note 5

This reporting frequency is calculated from 31 December each calendar year.

DISP 2.6.1RRP
(1) The Compulsory Jurisdiction covers complaints about the activities of a firm (including its appointed representatives), of a payment service provider (including agents of a payment institution), of an electronic money issuer (including agents of an electronic money institution), of a CBTL firm, of a designated credit reference agency or of a designated finance platform which:161571111141214121411167(a) (except for regulated claims management activities and activities ancillary
DISP 2.6.2GRP
[deleted]16519
DISP 2.6.4RRP
The Voluntary Jurisdiction covers only complaints about the activities of a VJ participant carried on from an establishment:519(1) in the United Kingdom; or(2) in the EEA or Gibraltar16 if the following conditions are met:(a) the activity is directed wholly or partly at the United Kingdom (or part of it);(b) contracts governing the activity are (or, in the case of a potential customer, would have been) made under the law of England and Wales, Scotland or Northern Ireland; and(c)
BIPRU 8.7.25RRP
A firm may not apply the second method in BIPRU 8.7.13R (3) (accounting consolidation for the whole group) or apply accounting consolidation to parts of its UK consolidation group or non-UK sub-group5 under method three as described in BIPRU 8.7.13R (4)(a) for the purposes of the calculation of the consolidated market risk requirement unless the group or sub-group and the undertakings in that group or sub-group satisfy the conditions in this rule. Instead the firm must use the
BIPRU 8.7.34RRP
[deleted]5
BIPRU 8.7.38ARRP
(1) 2This rule applies to a firm if:(a) an institution in its UK consolidation group or non-UK sub-group5 is subject to any of the rules or requirements of, or administered by, a third-country competent authority applicable to its financial sector that correspond to the sectoral rules applicable to that financial sector (“corresponding sectoral rules”); or(b) a part of its UK consolidation group or non-UK sub-group5 constitutes the whole of a group subject to the consolidated
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]
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