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Paragraph 3 Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001

(1)

The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 M1 are amended as follows.

(2)

In regulation 2 (descriptions of business for which appointed representatives are exempt)—

(a)

in paragraph (1)(a) M2 for “or relevant investments” substitute “ , relevant investments or structured deposits ”;

(b)

in paragraph (1A) M3, for “an EEA investment firm or an EEA credit institution” substitute “ a person who has a Part 4A permission for the purposes of the capital requirements directive or the markets in financial instruments directive, an EEA investment firm, or an EEA credit institution ”; and

(c)

in paragraph (1B) M4, for “1.10 and 1.17” substitute “ 1.9 and 1.15 ”.

(3)

In regulation 3 (requirements applying to contracts between authorised persons and appointed representatives)—

(a)

in the closing words of paragraph (2) M5 for “or a relevant investment” substitute “ , a relevant investment or a structured deposit ”.

(b)

for paragraph (6) M6 substitute—

“(6)

In the case of a representative to whom section 39(1A) or (1AA) of the Act applies (“R”), it is a prescribed requirement for the purposes of section 39(1)(a)(ii), except where paragraph (1A) applies, that the contract between the principal and R must—

(a)

where section 39(1A) of the Act applies to R, contain a provision that R is only permitted to provide the services and carry on the activities referred to in Article 4.1.29 (definitions) of the markets in financial directive while R is entered on the applicable register; or

(b)

where section 39(1AA) of the Act applies to R, contain a provision that R is only permitted to sell, or advise clients on, structured deposits as defined by Article 4.1.43 of that directive while R is entered on the applicable register.”.

Annotations

Marginal citations

M1

S.I. 2001/1217.

M2

Paragraph (1)(a) was amended by S.I. 2003/1476.

M3

Paragraph (1A) was inserted by S.I. 2006/3414 and further amended by S.I. 2017/488.

M4

Paragraph (1B) was inserted by S.I. 2006/3414.

M5

The closing words of paragraph (2) were amended by S.I. 2003/1476; there are other amendments but none is relevant.

M6

Paragraph (6) was inserted by S.I. 2006/3414.

Notes on the whole SI

Textual amendments

F1

Regulations revoked (14.12.2023 for the revocation of reg. 51) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(xviii)