SCHEDULE 6 Threshold Conditions
F1PART 1BPart 4A permission: authorised persons who are not PRA-authorised persons
Location of offices
2B.
(1)
Unless sub-paragraph (3) F2, (4)(a) or (7) applies, if A is a body corporate incorporated in the United Kingdom—
(a)
A’s head office, and
(b)
if A has a registered office, that office,
must be in the United Kingdom.
(2)
If A is not a body corporate but A’s head office is in the United Kingdom, A must carry on business in the United Kingdom.
(3)
If—
(a)
A is seeking to carry on, or is carrying on, a regulated activity which is any of the investment services and activities,
(b)
A is a body corporate with no registered office, and
(c)
A’s head office is in the United Kingdom,
A must carry on business in the United Kingdom.
(4)
If A is seeking to carry on, or is carrying on, an insurance mediation activity—
(a)
where A is a body corporate incorporated in the United Kingdom, A’s registered office, or if A has no registered office, A’s head office, must be in the United Kingdom;
(b)
where A is an individual, A is to be treated for the purposes of sub-paragraph (2) as having a head office in the United Kingdom if A is resident in the United Kingdom.
(5)
“Insurance mediation activity” means any of the following activities—
(a)
dealing in rights under a contract of insurance as agent;
(b)
arranging deals in rights under a contract of insurance;
(c)
assisting in the administration and performance of a contract of insurance;
(d)
advising on buying or selling rights under a contract of insurance;
(e)
agreeing to do any of the activities specified in paragraphs (a) to (d).
(6)
Sub-paragraph (5) must be read with—
(a)
section 22,
(b)
any relevant order under that section, and
(c)
Schedule 2.
F3(7)
If A is seeking to carry on, or is carrying on, the regulated activity of managing an AIF and is, or upon being granted Part 4A permission to carry on that regulated activity would be, F4a full-scope UKAIFM, A’s head office and registered office must be in the United Kingdom. F4a full-scope UKAIFM—
(a)
A’s head office and registered office must be in the United Kingdom, or
(b)
A’s registered office must be in a country that is not an EEA State.