PART 4A

Permission to carry on regulated activities

Imposition and variation of requirements

Requirements relating to general meetings
55PB
1
This section applies where—
a
either regulator has imposed a general meeting requirement on an authorised person who is a bank, building society or investment firm,
b
the authorised person has not complied with the general meeting requirement, and
c
the appropriate regulator considers that the authorised person has infringed, or is likely in the near future to infringe—
i
a relevant requirement within the meaning of section 204A; or
ii
one or more of Articles 3 to 7, 14 to 17 or 24 to 26 of Regulation (EU) No 600/2014 of 15th May 2014 of the European Parliament and of the Council on Markets in Financial Instruments.
2
A general meeting requirement is a requirement under section 55L or 55M that the authorised person call a general meeting of its shareholders or members.
3
The appropriate regulator may call a general meeting of the shareholders or members of the authorised person.
4
The appropriate regulator may propose business for consideration and decision at the general meeting.
5
The meeting must be called in the same manner, as far as practicable, as that in which meetings are required to be called by the board of directors (or the equivalent management body) of the authorised person.
6
For the purposes of this section—
- “bank” has the meaning given in section 2 of the Banking Act 2009;
- “building society” has the meaning given in the Building Societies Act 1986;
- “investment firm” has the meaning given in
Article 4(1)(2) of the capital requirements regulation
;
- “the appropriate regulator” means the regulator who imposed the general meeting requirement.
Words in s. 55PB(6) substituted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 4(4)
S. 55PB inserted (16.12.2016) by The Bank Recovery and Resolution Order 2016 (S.I. 2016/1239), arts. 1(2), 31
Pt. 4A excluded by S.I. 1998/1870, reg. 14(2)(c) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 22(5)(b))
Pt. 4A modified (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 31(6)
Pt. 4A substituted for ss. 40-55 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 11(2), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.
Pt. 4A modified by S.I. 2018/1149, reg. 43 (as inserted (1.3.2019) by The Financial Services Contracts (Transitional and Saving Provision) (EU Exit) Regulations 2019 (S.I. 2019/405), regs. 1(2), 2)
Pt. 4A modified (7.11.2018) by The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), regs. 1(2), 5-7 (with regs. 4, 8-19) (as amended (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 6(2))