4

Notice of Intention to Provide Cross Border Services

4.1

A UK firm intending to provide cross border services within the territory of another EEA State for the first time under an EEA right other than derived from the CRD or MiFID II must notify the PRA of its intention by submitting the form referred to in 10.2 (Cross Border Services Notification Form).

4.2

A UK firm intending to provide cross border services within the territory of another EEA State for the first time under an EEA right derived from the CRD must comply with the information requirements set out in Commission Delegated Regulation (EU) 1151/2014 and notify the PRA of its intention by submitting the form in Annex V of Commission Implementing Regulation 926/2014 and the form referred to in 10.3 (Declaration).

[Note: Article 39(1) of CRD]

4.3

This rule applies to a UK firm in relation to its EEA rights derived from MiFID II.

  1. (1) A UK designated investment firm intending to provide cross border services within the territory of another EEA State for the first time must comply with the information requirements set out in Article 3 (1) of Commission Delegated Regulation (EU) 2017/1018 and notify the PRA of its intention.
  2. (2) A credit institution intending to provide cross border services within the territory of another EEA State through tied agents must comply with the information requirements set out in Article 3 (2) of Commission Delegated Regulation (EU) 2017/1018 and notify the PRA of its intention.
  3. (3) A UK firm operating an MTF or OTF that intends to provide appropriate arrangements to facilitate access to and trading on those systems by remote users, members or participants in another EEA State must comply with the information requirements set out in Article 5 of Commission Delegated Regulation (EU) 2017/1018 and notify the PRA of its intention.
  4. (4) A UK firm notifying the PRA in accordance with (1) to (3) must also submit the form referred to in 10.3 (Declaration).

[Note: Article 34 (2),(5),(7) of MiFID II]