SCHEDULES
C1 SCHEDULE 6 Threshold Conditions
F1PART 1BPart 4A permission: authorised persons who are not PRA-authorised persons
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)
2CEffective supervision
1
A must be capable of being effectively supervised by the FCA having regard to all the circumstances including—
a
the nature (including the complexity) of the regulated activities that A carries on or seeks to carry on;
b
the complexity of any products that A provides or will provide in carrying on those activities;
c
the way in which A’s business is organised;
d
if A is a member of a group, whether membership of the group is likely to prevent the FCA’s effective supervision of A;
e
whether A is subject to consolidated supervision required under any F3relevant implementing provisions;
f
if A has close links with another person (“CL”)—
i
the nature of the relationship between A and CL,
ii
whether those links are or that relationship is likely to prevent the FCA’s effective supervision of A, and
iii
if CL is subject to the laws, regulations or administrative provisions of a F4country or territory outside the United Kingdom (“the foreign provisions”), whether those foreign provisions, or any deficiency in their enforcement, would prevent the FCA’s effective supervision of A.
F21A
Paragraphs (a), (b) and (e) of sub-paragraph (1) do not apply where the only regulated activities that the person carries on, or seeks to carry on, are—
a
relevant credit activities, and
b
if any, activities to which, by virtue of section 39(1D), sections 20(1) and (1A) and 23(1A) do not apply when carried on by the person.
2
A has close links with CL if—
a
CL is a parent undertaking of A,
b
CL is a subsidiary undertaking of A,
c
CL is a parent undertaking of a subsidiary undertaking of A,
d
CL is a subsidiary undertaking of a parent undertaking of A,
e
CL owns or controls 20% or more of the voting rights or capital of A, or
f
A owns or controls 20% or more of the voting rights or capital of CL.
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