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Financial Services and Markets Act 2000, Cross Heading: Close links is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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3(1)If the person concerned (“A”) has close links with another person (“CL”) the Authority must be satisfied—U.K.
(a)that those links are not likely to prevent the Authority’s effective supervision of A; and
(b)if it appears to the Authority that CL is subject to the laws, regulations or administrative provisions of a territory which is not an EEA State (“the foreign provisions”), that neither the foreign provisions, nor any deficiency in their enforcement, would prevent the Authority’s effective supervision of A.
(2)A has close links with CL if—
(a)CL is a parent undertaking of A;
(b)CL is a subsidiary undertaking of A;
(c)CL is a parent undertaking of a subsidiary undertaking of A;
(d)CL is a subsidiary undertaking of a parent undertaking of A;
(e)CL owns or controls 20% or more of the voting rights or capital of A; or
(f)A owns or controls 20% or more of the voting rights or capital of CL.
(3)“Subsidiary undertaking” includes all the instances mentioned in Article 1(1) and (2) of the Seventh Company Law Directive in which an entity may be a subsidiary of an undertaking.
Modifications etc. (not altering text)
C1Sch. 6 para. 3 restricted (3.9.2001) by S.I. 2001/2507, arts. 1(1), 3(3); S.I. 2001/2632, art. 2(2), Sch. Pt. 2
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