SCHEDULES
SCHEDULE 6 Financial Information
Financial institution
I16
1
In this Schedule “financial institution” means—
F1a
a person who has permission under F12Part 4A of the Financial Services and Markets Act 2000 to accept deposits,
F2b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
F3d
a person carrying on a relevant regulated activity,
e
the National Savings Bank,
f
a person who carries out an activity for the purposes of raising money authorised to be raised under the M3National Loans Act 1968 under the auspices of the Director of National Savings,
F11g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
F13ha
an electronic money institution within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2(1)), F15...
i
an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, when carrying out or effecting any contract of long-term insurance.
F16j
a cryptoasset exchange provider, and
k
a custodian wallet provider.
F41A
For the purposes of sub-paragraph (1)(d), a relevant regulated activity means—
a
dealing in investments as principal or as agent,
b
arranging deals in investments,
F5ba
operating a multilateral trading facility,
F9bb
operating an organised trading facility,
c
managing investments,
d
safeguarding and administering investments,
e
sending dematerialised instructions,
F6ea
managing a UCITS,
eb
acting as trustee or depositary of a UCITS,
ec
managing an AIF,
ed
acting as trustee or depositary of an AIF,
f
establishing etc. collective investment schemes,
g
advising on investments.
F101AA
For the purposes of sub-paragraph (1)(i), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).
F141AB
For the purposes of sub-paragraph (1)(j), “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—
a
exchanging or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,
b
exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or
c
operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets.
1AC
For the purposes of sub-paragraph (1)(k), “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—
a
cryptoassets on behalf of its customers, or
b
private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.
1AD
For the purposes of sub-paragraphs (1AB) and (1AC), “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.
1AE
For the purposes of sub-paragraph (1AB)—
a
“cryptoasset” includes a right to, or interest in, the cryptoasset;
b
“money” means—
i
money in sterling,
ii
money in any other currency, or
iii
money in any other medium of exchange,
but does not include a cryptoasset.
1AF
The Secretary of State may by regulations amend the definitions in sub-paragraphs (1AB) to (1AE).”
1B
Sub-paragraphs (1)(a) and (1A) must be read with—
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
2
The Secretary of State may by order provide for a class of person—
a
to be a financial institution for the purposes of this Schedule, or
b
to cease to be a financial institution for the purposes of this Schedule.
3
An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.