Prohibitions: [F1Non-UK and non-EEA] branches and subsidiariesU.K.
20.—(1) A ring-fenced body must not—
(a)maintain or establish a branch in any country or territory which is not [F2the United Kingdom or] an EEA member state, or
(b)subject to paragraph (2), have a participating interest in any undertaking which is incorporated in or formed under the law of a country or territory which is not [F3the United Kingdom or] an EEA member state [F4(a “non-UK and non-EEA undertaking”)].
(2) A ring-fenced body may, subject to rules made by the PRA under the Act, have a participating interest in a [F5non-UK and] non-EEA undertaking which is an ancillary services undertaking within the meaning of article 4.18 of the prudential requirements regulation, if that undertaking does not carry on any activities that would be regulated activities under the Act if carried on in the United Kingdom.
(3) For the purposes of this article—
(a)“branch” means a place of business that forms a legally dependent part of the ring-fenced body and conducts directly all or some of the operations inherent in its business;
(b)“participating interest” has the meaning given in section 421A of the Act M1.
Textual Amendments
F1Words in art. 20 heading substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 192(7)(a) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in art. 20(1)(a) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 192(7)(b) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 20(1)(b) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 192(7)(c)(i) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in art. 20(1)(b) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 192(7)(c)(ii) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in art. 20(2) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 192(7)(d) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Art. 20 in force at 1.1.2019, see art. 1(3)
Marginal Citations
M1Section 421A was inserted into the Financial Services and Markets Act 2000 by S.I. 2008/948.