SCHEDULES

SCHEDULE 3EEA Passport Rights

Part I Defined terms

EEA firm

5

EEA firm” means any of the following if it does not have its F1relevant office in the United Kingdom—

(a)

an investment firm (as defined in F2Article 4.1.1 of the markets in financial instruments directive) which is authorised (within the meaning of F3Article 5) by its home state regulator;

F4(b)

a credit institution (as defined in Article 4(1)(1) of the capital requirements regulation) which is authorised (within the meaning of Article 8 of the capital requirements directive) by its home state regulator;

F5(c)

a financial institution (as defined in Article 4(1)(26) of the capital requirements regulation) which is a subsidiary of the kind mentioned in Article 34 of the capital requirements directive and which fulfils the conditions of that Article;

F6(d)

an undertaking pursuing the activity of direct insurance (within the meaning of Article 2 of the Solvency 2 Directive) which has received authorisation under Article 14 of that directive from its home state regulator;

(da)

an undertaking pursuing the activity of reinsurance (within the meaning of Article 2 of the Solvency 2 Directive) as a reinsurance undertaking which has received authorisation under Article 14 of that directive from its home state regulator;

(e)

an insurance intermediary (as defined in Article 2.5 of the insurance mediation directive), or a reinsurance intermediary (as defined in Article 2.6) which is registered with its home state regulator under Article 3; F7 ...

F8(f)

a management company (as defined in paragraph 11B) which is authorised (within the meaning of Article 6 of the UCITS directive) by its home state regulator F9; F10...

(g)

a person who has received authorisation under Article 18.2 of the emission allowance auctioning regulation F11; F12...

(h)

an AIFM (as defined in Article 4.1(b) of the alternative investment fund managers directive) which is authorised (in accordance with F13Article 6.1 of that directive) by its home state regulator F14; or

(i)

a mortgage intermediary which is admitted (in accordance with Article 29(1) of the mortgages directive) by its home state regulator to carry out all or part of the credit intermediation activities set out in Article 4(5) of that directive or to provide advisory services (as defined in Article 4(21) of that directive).

F155A

In paragraph 5, “relevant office” means—

(a)

in relation to a firm falling within sub-paragraph (e) F16or (i) of that paragraph which has a registered office, its registered office;

F17(aa)

in relation to a firm falling within sub-paragraph (h) of that paragraph, its registered office;

(b)

in relation to any other firm, its head office.