Financial Services and Markets Act 2000 Explanatory Notes

Section 272: Individually recognised overseas schemes

499.This section allows the Authority to recognise schemes which are not managed in an EEA country or a designated territory.

500.In order to be recognised, the Authority must be satisfied as to various matters, including the adequacy of protection for the participants in the place where the scheme is established, the adequacy of the constitution and management and of the powers and duties of the operator, trustee and depositary (if any), and that those persons are either authorised (with appropriate permissions) or, if not authorised, fit and proper persons. In addition, overseas schemes will only be recognised under this section if they are oeics or schemes where the operator is a body corporate.

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