Financial Services and Markets Act 2000 Explanatory Notes

Section 405: Directions

719.This section defines the nature of reciprocity action that may be taken in order to comply with a third country decision.  The section provides the Treasury with the power to direct the Authority to do the following:

  • refuse, or put on hold, an application for authorisation from a person which is formed under the law of the United Kingdom but which is the direct or indirect subsidiary (the powers do not apply to branches) of a firm from a country which is the subject of a third country decision (subsections (1)(a) and (b));

  • object to a person from a country which is the subject of a third country decision acquiring a 50 per cent share in an authorised person incorporated in the United Kingdom or formed under UK law whether or not they have served the Authority with a notice of control as required under Part XII (subsections (1)(c) and (d))

720.The circumstances in which a person is taken to acquire a 50 per cent share is defined in section 406.

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