The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009

Overseas persons

20.  In article 72 (overseas persons)—

(a) in paragraph (5A) for “or 25C(1)(a)” substitute “, 25C(1)(a) or 25E(1)(a)”;

(b) in paragraph (5B) for “and 25C(1)(b)” substitute “, 25C(1)(b) and 25E(1)(b)”;

(c) in paragraph (5C) for “and 25C(2)” substitute “, 25C(2) and 25E(2)”;

(d) in paragraph (5D) for “or 63F(1)” substitute “, 63F(1) or 63J(1)”;

(e) in paragraph (5E) for “or 63F(2)” substitute “, 63F(2) or 63J(2)”;

(f) in paragraph (5F) after sub-paragraph (b) (iii) insert—

“(iv) in relation to articles 25E and 63J, a regulated sale and rent back agreement where the agreement seller (or each agreement seller) is non-resident when the agreement seller enters into it;”

(g) in paragraph (5F) after sub-paragraph (c) (iii) insert—

“(iv) in the case of a regulated sale and rent back agreement, as agreement seller or agreement provider;”

(h) in paragraph (5F) after sub-paragraph (d) (iii) insert—

“;

(iv) in relation to article 25E, a regulated sale and rent back agreement”.