Explanatory Notes

Financial Services and Markets Act 2000

2000 CHAPTER 8

14 June 2000

Commentary on Sections

Part Iv: Permission to Carry on Regulated Activities

Section 49: Persons connected with an applicant

119.Subsection (1) of this section makes it clear that, in deciding whether to approve an application for permission, the Authority may also have regard to other relevant persons who are related to the applicant in some way.  What constitutes a relevant relationship is not defined, but is left to the Authority to interpret in the particular circumstances of the case.

120.The Authority is obliged undersubsection (2) to consult with the home State regulator of an EEA firm before granting an application from a person who is a subsidiary undertaking of that firm or the subsidiary undertaking of a parent undertaking of that firm.