PART II SPECIFIED ACTIVITIES

Chapter VIArranging Deals in Investments

The activities

Arranging deals in investments25

1

Making arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite a particular investment which is—

a

a security,

b

a F2relevant investment, or

c

an investment of the kind specified by article 86, or article 89 so far as relevant to that article,

is a specified kind of activity.

2

Making arrangements with a view to a person who participates in the arrangements buying, selling, subscribing for or underwriting investments falling within paragraph (1)(a), (b) or (c) (whether as principal or agent) is also a specified kind of activity.

F43

Paragraphs (1) and (2) do not apply to a kind of activity to which article 25D applies.

F1Arranging regulated mortgage contracts25A

1

Making arrangements—

a

for another person to enter into a regulated mortgage contract as borrower; or

b

for another person to vary the terms of a regulated mortgage contract entered into by him as borrower after the coming into force of article 61, in such a way as to vary his obligations under that contract,

is a specified kind of activity.

2

Making arrangements with a view to a person who participates in the arrangements entering into a regulated mortgage contract as borrower is also a specified kind of activity.

3

In this article “borrower” has the meaning given by article 61(3)(a)(i).

F3Arranging regulated home reversion plans25B

1

Making arrangements—

a

for another person to enter into a regulated home reversion plan as reversion seller or as plan provider; or

b

for another person to vary the terms of a regulated home reversion plan, entered into on or after 6th April 2007 by him as reversion seller or as plan provider, in such a way as to vary his obligations under that plan,

is a specified kind of activity.

2

Making arrangements with a view to a person who participates in the arrangements entering into a regulated home reversion plan as reversion seller or as plan provider is also a specified kind of activity.

F3Arranging regulated home purchase plans25C

1

Making arrangements—

a

for another person to enter into a regulated home purchase plan as home purchaser; or

b

for another person to vary the terms of a regulated home purchase plan, entered into on or after 6th April 2007 by him as home purchaser, in such a way as to vary his obligations under that plan,

is a specified kind of activity.

2

Making arrangements with a view to a person who participates in the arrangements entering into a regulated home purchase plan as home purchaser is also a specified kind of activity.

F5Operating a multilateral trading facility25D

1

The operation of a multilateral trading facility on which MiFID instruments are traded is a specified kind of activity.

2

In paragraph (1), “MiFID instrument” means any investment—

a

of the kind specified by article 76, 77, F677A, 78, 79, 80, 81, 83, 84 or 85; or

b

of the kind specified by article 89 so far as relevant to an investment falling within sub-paragraph (a),

that is a financial instrument.

F7Arranging regulated sale and rent back agreements25E

1

Making arrangements—

a

for another person to enter into a regulated sale and rent back agreement as an agreement seller or as an agreement provider; or

b

for another person (“A”) to vary the terms of a regulated sale and rent back agreement, entered into on or after 1st July 2009 by A as agreement seller or agreement provider, in such a way as to vary A’s obligations under that agreement,

is a specified kind of activity.

2

Making arrangements with a view to a person who participates in the arrangements entering into a regulated sale and rent back agreement as agreement seller or agreement provider is also a specified kind of activity.