[F1 PART 9C U.K. Prudential regulation of FCA investment firms

Textual Amendments

F1 Pt. 9C inserted (1.7.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 2 para. 1; S.I. 2021/671, reg. 4(b)

Imposition of requirements on non-authorised parent undertakings U.K.

143K Imposition of requirements on non-authorised parent undertakings U.K.

(1) The FCA may, on the application of a non-authorised parent undertaking of an FCA investment firm—

(a) impose a requirement on the parent undertaking,

(b) vary a requirement imposed on the parent undertaking under this section, or

(c) cancel such a requirement.

(2) The FCA may exercise its power under subsection (3) in relation to a non-authorised parent undertaking of an FCA investment firm if it appears to the FCA that—

(a) it is necessary or expedient to do so in order to manage risks specified in or under section 143D(2), and

(b) it is desirable to do so in order to advance one or more of its operational objectives.

(3) The FCA's power under this subsection is a power—

(a) to impose a requirement,

(b) to vary a requirement imposed under this section, or

(c) to cancel such a requirement.

(4) The FCA may refuse an application under subsection (1) if it appears to the FCA that it is desirable to do so in order to advance one or more of the FCA's operational objectives.

(5) A requirement may, in particular, be imposed under this section—

(a) so as to require the parent undertaking to take specified action, or

(b) so as to require the parent undertaking to refrain from taking specified action.

(6) A requirement may be imposed by reference to the parent undertaking's relationship with—

(a) its group, or

(b) other members of its group.

(7) A requirement may refer to the past conduct of the parent undertaking (for example, by requiring the parent undertaking to review or take remedial action in respect of past conduct).

(8) A requirement may be expressed to expire at the end of a specified period, but the imposition of a requirement that expires at the end of a specified period does not affect the FCA's power to impose a new requirement.

(9) A requirement ceases to be in force if the person on whom it is imposed ceases to be a non-authorised parent undertaking of an FCA investment firm.

(10) For the purposes of a provision of this section which refers to the FCA's operational objectives, in relation to the exercise of a power in relation to a particular parent undertaking, it does not matter whether there is a relationship between the parent undertaking and the persons whose interests will be protected by the exercise of the power.]