Regulation 37 Information

in point (a), for “Union” “substitute “United Kingdom”;

for point (b) substitute—

“(b)

a person not subject to supervision:

(i)

under this regulation; or

(ii)

in the United Kingdom because the person is not—

(aa)

an investment firm within the meaning given in Article 2(1A) of the MIFIR which has permission under Part 4A of the FSMA to carry on regulated activities relating to investment services and activities (as defined in Article 2(1)(2) of the MIFIR) in the United Kingdom;

(bb)

a credit institution which is a CRR firm (within the meaning given in Article 4(1)(2A) of the Capital Requirements Regulation) which has permission under Part 4A of FSMA to carry on the regulated activity of accepting deposits within the meaning given in article 5 of the Regulated Activities Order;

(cc)

an insurance undertaking and reinsurance undertaking within the meaning given in section 417 of the FSMA;

(dd)

a UK UCITS (within the meaning given in section 237(3) of the FSMA) and, where relevant, its management company (within the meaning given in section 237(2) of the FSMA);

(ee)

an occupational pension scheme within the meaning given in section 1(1) of the Pension Schemes Act 1993^f1; or

(ff)

an AIF (within the meaning given in regulation 3 of the Alternative Investment Fund Managers Regulations 2013^f2) managed by an AIFM (within the meaning given in regulation 4 of those Regulations) authorised or registered in accordance with those Regulations.

In this point, “regulated activity” has the meaning given in section 22 of the FSMA.”.

for the words from “The competent authority” to “national law,” substitute “Subject to any provision of the law applying in any part of the United Kingdom,”;

for the words from “However, Member States” to the end of the paragraph substitute “The competent authority may make such disclosure in the absence of a request by the proposed acquirer.”.