Part XII Control Over Authorised Persons

F1Notices of acquisitions of control over UK authorised persons

X1178Obligation to notify the F2appropriate regulator : acquisitions of control

(1)

 A person who decides to acquire or increase control over a UK authorised person must give the F2appropriate regulator notice in writing before making the acquisition.

(2)

For the purposes of calculations relating to this section, the holding of shares or voting power by a person (“A1”) includes any shares or voting power held by another (“A2”) if A1 and A2 are acting in concert.

F3(2A)

In this Part, “the appropriate regulator” means—

(a)

where the UK authorised person is a PRA-authorised person, the PRA;

(b)

in any other case, the FCA.

(3)

In this Part, a notice given under this section is a “section 178 notice” and a person giving notice is a “section 178 notice-giver”.

X2179Requirements for section 178 notices

(1)

 A section 178 notice must be in such form, include such information and be accompanied by such documents as the F2appropriate regulator may reasonably require.

(2)

F4Each regulator must publish a list of its requirements as to the form, information and accompanying documents for a section 178 notice.

(3)

The F2appropriate regulator may impose different requirements for different cases and may vary or waive requirements in particular cases.

Annotations:
Amendments (Textual)

F4Words in s. 179 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 26(4), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Editorial Information

X2The substitution of ss. 178-191G for ss. 178-191 on 21.3.2009 which involves the insertion of several new headings in Pt. XII gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.

X3180Acknowledgment of receipt

(1)

 The F2appropriate regulator must acknowledge receipt of a completed section 178 notice in writing before the end of the second working day following receipt.

(2)

If the F2appropriate regulator receives an incomplete section 178 notice it must inform the section 178 notice-giver as soon as reasonably practicable.