Related provisions for SUP App 3.6.1
61 - 80 of 259 items.
(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).
(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
Table of FCA-designated senior management functions for SMCR firms4
4Type |
SMF |
Description of FCA controlled function |
SMF 15 |
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SMF 3 |
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SMF 7 5 |
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SMF 9 5 |
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SMF 10 5 |
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SMF 11 5 |
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SMF 12 5 |
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SMF 13 |
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SMF 14 5 |
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SMF 15 |
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SMF 19 |
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SMF 27 |
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SMF 16 |
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SMF 17 |
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SMF 18 |
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SMF22 |
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SMF 23b |
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SMF 29 5 |
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Other high-level management functions |
SMF 21 |
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5Systems and controls functions |
SMF 2 |
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SMF 4 |
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SMF 5 |
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SMF 24 |
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
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
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
(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)
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
(1) A firm which has its head office in the European Economic Area2 must inform a customer, before any commitment is entered into, of the state2 in which the head office or, where appropriate, the branch with which the contract is to be concluded, is situated.1111(2) Any documents issued to the customer must convey the information required by this rule.[Note: article 184(1) of the Solvency II Directive1]1
A firm which has its head office in the European Economic Area2 must ensure that the contract or any other document granting cover, together with the insurance proposal where it is binding upon the customer, states1 the address of the head office, or, where appropriate, of the branch of the firm1 which grants the cover.1111[Note: article 184(2) of the Solvency II Directive1]1
Subject to BIPRU 12.7.4R, for the purpose of BIPRU 12.7.2R (1), a firm may include only1 a debt security which is:(1) issued by the central government or central bank of an EEA State; or(2) issued by the central government or central bank of Canada, the Commonwealth of Australia, Japan, Switzerland or the United States of America.
(1) The authorised fund manager may, with the prior agreement of the depositary, and must without delay, if the depositary so requires, temporarily1 suspend the issue, cancellation, sale and redemption of units in an authorised fund (referred to in this chapter as "dealings in units"), where due to exceptional circumstances it is in the interest of all the unitholders in the authorised fund. Where an authorised fund is a regulated money market fund, the authorised fund manager
2Where:(1) an authorised fund manager of a UCITS scheme which is a master UCITS or a qualifying master scheme3temporarily suspends the issue, cancellation, sale and redemption of its units, whether at its own initiative or at the request of the FCA; or(2) an operator of an EEA UCITS scheme which is a master UCITS or a qualifying master scheme3temporarily suspends the issue, cancellation, sale or redemption of its units, whether at its own initiative or at the request of its Home
5A UK UCITS management company must ensure that the procedures it establishes under DISP 1.3.1 R for the reasonable and prompt handling of complaints require that13unitholders are allowed to file complaints in any of the official languages of the Home State of the UCITS scheme or a scheme which, immediately before IP completion day15, was an13EEA UCITS scheme or of any EEA State to which a notification was13 transmitted by the competent authority of the scheme’sHome State in accordance
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
Certain matters are to be disregarded in determining whether the investment condition is satisfied. Section 236(4) of the Act states that, for these purposes, no account is to be taken of any actual or potential redemption or repurchase of shares or securities under:(1) Chapters 3 to 71 of Part 181 of the Companies Act 2006;1or1(2) [deleted]11(3) [deleted]2(4) provisions in force in a country or territory 2 which the Treasury has, by order, designated as corresponding provisions
This rule applies to an EEA SMCR banking firm3 and an overseas SMCR banking firm5.32(1) A person subject to this rule (‘P’) 2must, in the manner described in (2), communicate to its UK-based employees that they may disclose reportable concerns to the PRA or the FCA and the methods for doing so. P 2must make clear that:(a) reporting to the PRA or to the FCA is not conditional on a report first being made using P’s 2internal arrangements; (b) it is possible to report using P’s 2internal
(1) This rule applies where an EEA SMCR banking firm3 or an overseas SMCR banking firm5 has:3(a) a branch in the United Kingdom; and(b) a group entity which is a UK SMCR banking firm3.(2) An EEA SMCR banking firm3 and an overseas SMCR banking firm5 must, in the manner described in (3), communicate to the UK-based employees of its UKbranch:3(a) the whistleblowing arrangements of the group entity that is a UK SMCR banking firm3; and(b) indicate that these arrangements may be used
Schedule to the Recognition Requirements Regulations, Paragraph 7B
2(1) |
The [UK RIE] must make transparent and non-discriminatory rules, based on objective criteria, governing access to, or membership of, its facilities. |
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(2) |
In particular those rules must specify the obligations for users or members of its facilities arising from - |
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(a) |
the constitution and administration of the [UK RIE]; |
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(b) |
rules relating to transactions on its trading venues4; |
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(c) |
its professional standards for staff of any investment firm or qualifying credit institution5 having access to or membership of a financial market operated by the [UK RIE]; |
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(d) |
conditions established under sub-paragraph (3)(c) for access to or membership of a trading venue4 operated by the [UK RIE] by persons other than investment firms or qualifying credit institutions5; and |
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(e) |
the rules and procedures for clearing and settlement of transactions concluded on a trading venue4 operated by the [UK RIE]. |
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(3) |
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[Note: see paragraph 9ZC below, replacing paragraph 7B(3)]4 |
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(4) |
[deleted]5 |
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| 4 | |||
by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have direct or remote access to or membership of, any trading venue4 operated by the [UK RIE] on the same terms as a UK firm. |
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(5) |
The [UK RIE] must make arrangements regularly to provide the [FCA]3 with a list of users or members of its facilities. 3 |
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(6) |
This paragraph is without prejudice to the generality of paragraph 4. |
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Schedule to the Recognition Requirements Regulations, Paragraph 7C
2(1) |
This paragraph applies to [a UK RIE] which provides central counterparty, clearing or settlement facilities. |
(2) |
The [UK RIE] must make transparent and non-discriminatory rules based on objective criteria, governing access to those facilities. |
(3) |
[deleted] 5 |
(4) |
The [UK RIE] may refuse access to those facilities on legitimate commercial grounds. |
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