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Article 114 Mechanisms, instruments and procedures

United Kingdom

Original text. Later amendments are not shown.

1.

Cooperation arrangements shall establish the mechanisms, instruments and procedures required for enabling F1the FCA to have access to all information necessary for the performance of their duties under F2FSMA and the AIFM Regulations 2013.

2.

Cooperation arrangements shall establish the mechanisms, instruments and procedures required for enabling on-site inspections to be carried out where required for the exercise of the F3FCA's duties. On-site inspections shall be carried out directly by F4the FCA or by the third country competent authority with the assistance of the FCA.

3.

Cooperation arrangements shall establish the mechanisms, instruments and procedures required for the third country competent authority to assist F5the FCA where it is necessary to enforce F6the law applying in the United Kingdom, or in any part of the United Kingdom breached by an entity established in the third country, in accordance with the national and international law applicable to that authority.

Annotations

Textual amendments

F1

Words in Art. 114(1) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 38(3)(a)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 114(1) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 38(3)(a)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 114(2) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 38(3)(b)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 114(2) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 38(3)(b)(ii) (as amended by S.I. 2019/325, reg. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 114(3) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 38(3)(c)(i) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 114(3) substituted (31.12.2020) by The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/328), regs. 1(3), 38(3)(c)(ii) (as amended by S.I. 2019/325, regs. 1(3), 58); 2020 c. 1, Sch. 5 para. 1(1)