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Application provision

1.1 Unless stated otherwise, this Part applies to every firm.

 

1.1

02/04/2015

Unless stated otherwise, this Part applies to every firm.

 

1.2

31/12/2020

The changes to this rule are effective from 23:00 on 31/12/2020.

In this Part, the following definitions shall apply:

consumer

has the meaning given in the FCA Handbook for the purposes of the FCA’s rule in GEN 4.4.1(1)(a)(i).

customer

has the meaning given in the FCA Handbook for the purposes of the FCA’s rules in GEN 4.4.1R(1)(a)(ii) and GEN 4.5.1R(1).

equivalent business of a third country investment firm

the business of a third country investment firm carried on from an establishment in the UK that would be MiFID business if that firm were a MiFID investment firm.

financial penalty

means a financial penalty that the PRA has imposed, or may impose, under FSMA. It does not include a financial penalty imposed by any other body.

GEN

means the part of the FCA Handbook in High Level Standards which has the title General Provisions.

habitual residence

    1. (1) if the policyholder is an individual, the address given by the policyholder as his residence if it reasonably appears to be a residential address and there is no evidence to the contrary; or
    2. (2) if the policyholder is not an individual or a group of individuals, the State in which the policyholder has its place of establishment, or, if it has more than one, its relevant place of establishment.

home finance transaction

has the meaning given in the FCA Handbook.

MiFID or equivalent third country business

MiFID business or the equivalent business of a third country investment firm.

non-investment insurance contract

has the meaning given in the FCA Handbook.

regulated market

has the meaning given in Article 4(1)(21) of MiFID II.

SRO firm with a top-up permission

means a firm to which regulation 34 of the EEA Passport Rights (Amendment, etc., and Transitional Provisions (EU Exit) Regulations 2018 applies.

SRO firm without a top-up permission

means a firm to which regulation 28 of the EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 applies.

TPR firm

means a firm to which regulation 8 or regulation 11 of the EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 applies.

TPR firm with a top-up permission  

means a firm to which regulation 11 of the EEA Passport Rights (Amendment, etc., and Transitional Provisions (EU Exit) Regulations 2018 applies.

TPR firm without a top-up permission 

means a firm to which regulation 8 of the EEA Passport Rights Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 applies.

UK domestic firm

means a firm that has its registered office (or, if it has no registered office, its head office) in the UK.