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25. A person who provides the trading facilities constituting a market which—
(a)appears on the list drawn up by another EEA State pursuant to Article 16 of the Investment Services Directive; and
(b)operates without any requirement that a person dealing on the market should have a physical presence in the EEA State from which the trading facilities are provided or on any trading floor that the market may have,
shall not be an exempted person by virtue of section 36 of the Financial Services Act as respects anything done in connection with or for the purposes of the provision of those trading facilities which constitutes investment business.
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