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Financial Services and Markets Act 2000

Commentary on Sections

Part Iv: Permission to Carry on Regulated Activities

Section 44: Variation etc at request of authorised person

106.The Authority may vary the permission, including cancelling it completely, at the request of the authorised person, subject to being satisfied that the person will satisfy the threshold conditions for any resulting permission in accordance with section 41.  If it is not satisfied, it may refuse the request outright, grant a more limited permission than the one requested, or grant the requested permission, but subject to new requirements.  The Authority may also refuse to grant a request for variation on the grounds that refusal is in the interests of consumers or potential consumers.

107.If as a result of the variation, the authorised person would no longer have permission to carry on any regulated activity, the Authority must consider whether it is still necessary for the person to hold a permission at all (and therefore continue to be an authorised person).  If it is not necessary, the Authority should cancel the permission.

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