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Paragraph 2B Location of officesF1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Unless sub-paragraph (3) F2, (4)(a) or (7) applies, if A is a body corporate incorporated in the United Kingdom—

(a)

A’s head office, and

(b)

if A has a registered office, that office,

must be in the United Kingdom.

(2)

If A is not a body corporate but A’s head office is in the United Kingdom, A must carry on business in the United Kingdom.

(3)

If—

(a)

A is seeking to carry on, or is carrying on, a regulated activity which is any of the investment services and activities,

(b)

A is a body corporate with no registered office, and

(c)

A’s head office is in the United Kingdom,

A must carry on business in the United Kingdom.

(4)

If A is seeking to carry on, or is carrying on, an insurance F3distribution activity—

(a)

where A is a body corporate incorporated in the United Kingdom, A’s registered office, or if A has no registered office, A’s head office, must be in the United Kingdom;

(b)

where A is an individual, A is to be treated for the purposes of sub-paragraph (2) as having a head office in the United Kingdom if A is resident in the United Kingdom.

(5)

“Insurance F4distribution activity” means any of the following activities—

(a)

dealing in rights under a contract of insurance as agent;

(b)

arranging deals in rights under a contract of insurance;

(c)

assisting in the administration and performance of a contract of insurance;

(d)

advising on buying or selling rights under a contract of insurance;

(e)

agreeing to do any of the activities specified in paragraphs (a) to (d).

(6)

Sub-paragraph (5) must be read with—

(a)

section 22,

(b)

any relevant order under that section, and

(c)

Schedule 2.

(F57)

If A is seeking to carry on, or is carrying on, the regulated activity of managing an AIF and is, or upon being granted Part 4A permission to carry on that regulated activity would be, a full-scope UKAIFM, A’s head office and registered office must be in the United Kingdom.

Annotations

Textual amendments

F1

Sch. 6 Pts. 1-1G substituted for Sch. 6 Pts. 1, 2 (1.4.2013) by The Financial Services and Markets Act 2000 (Threshold Conditions) Order 2013 (S.I. 2013/555), arts. 1, 2(2)

F2

Words in Sch. 6 para. 2B(1) substituted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 36(a)

F3

Word in Sch. 6 para. 2B(4) substituted (1.10.2018) by The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Order 2018 (S.I. 2018/546), arts. 1(2), 18(4)

F4

Word in Sch. 6 para. 2B(5) substituted (1.10.2018) by The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Order 2018 (S.I. 2018/546), arts. 1(2), 18(4)

F5

Sch. 6 para. 2B(7) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 36(b)

Notes on Schedule 6

Textual amendments

F1

Words in Sch. 6 substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Threshold Conditions) Order 2013 (S.I. 2013/555), arts. 1, 2(1)

Modifications

C1

Sch. 6 modified (3.9.2001) by S.I. 2001/2507, arts. 1(1), 3(1); S.I. 2001/2632, art. 2(2), Sch. Pt. 2