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Paragraph 6 Specification of particular restrictions

Original text. Later amendments are not shown.

(1)

In this Schedule “the particular restrictions for European financial service vehicles” means the provisions set out in sub-paragraph (2) below.

(2)

A body corporate is not an appropriate European financial service vehicle for a society where—

(a)

the body corporate is not an exempted person under the Financial Services Act 1986f1, nor an authorised person under that Act, nor a candidate for authorisation under that Act, nor authorised nor otherwise entitled, nor a candidate for authorisation (where applicable) to carry on investment business in any member State other than in the United Kingdom, nor authorised nor otherwise entitled, nor a candidate for authorisation (where applicable) to carry on investment business in any country which is listed in paragraph 2(iii) above,

(b)

it is a market maker,

(c)

its business includes lending money, secured or unsecured, on its own account, save insofar as the subscription for or the purchase or sale of investments on behalf of any other person, in advance of being put in funds by or on behalf of that other person to complete that transaction, comprises or gives rise to such lending,

(d)

it is an authorised institution, or its business requires it to be authorised, for the purposes of the Banking Act 1987f2, or

(e)

its business includes activities in the range from which the society is restricted.

Annotations

Footnotes

f1

1986 c. 60.

f2

1987 c. 22.