Paragraph 38
United Kingdom
Liabilities representing clients' money held by an authorised person are excluded.
“ Authorised person ” means an entity which—
is an authorised person for the purposes of FISMA 2000 (see section 31 of that Act), or
would be required to be such an authorised person if it were a UK resident entity which carried on its activities in the United Kingdom.
“Clients' money”—
in relation to an authorised person within sub-paragraph (2)(a), has the meaning given by F1 section 137B of FISMA 2000 (FCA general rules: clients’ money, right to rescind etc. ) , and
in relation to an authorised person within sub-paragraph (2)(b), means any money held by the person outside the United Kingdom where the holding of that money is subject to rules comparable with rules made under F2section 137B of that Act,
but does not include a deposit within the meaning of article 5(2) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544) ignoring the exclusions in articles 6 to 9AB.
Annotations
Textual amendments
- F1
Words in Sch. 19 para. 38(3)(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/636), art. 1(2), Sch. para. 15(5)(a)
- F2
Words in Sch. 19 para. 38(3)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/636), art. 1(2), Sch. para. 15(5)(b)