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Financial Services and Markets Act 2000, Section 261C is up to date with all changes known to be in force on or before 28 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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[F2(1)The operator and depositary, or proposed operator and depositary, of a contractual scheme may apply to the FCA for—
(a)an order declaring the scheme to be an authorised contractual scheme;
(b)an order declaring the scheme to be an authorised money market fund.]
(2)[F3An application under subsection (1)(a)]—
(a)must be made in such manner as the FCA may direct;
(b)must state the name and the registered office, or if it does not have a registered office, the head office, of the operator or proposed operator and of the depositary or proposed depositary; and
(c)in the case of a partnership scheme, must be accompanied by a copy of the certificate of registration as a limited partnership under the Limited Partnerships Act 1907.
[F4(2A)An application under subsection (1)(b) must—
(a)be made in such a manner as the FCA may direct, and
(b)contain or be accompanied by such information as the FCA may reasonably require for the purpose of determining the application.]
(3)At any time after receiving an application and before determining it, the FCA may require the applicants to provide it with such further information as it reasonably considers necessary to enable it to determine the application.
(4)Different directions may be given, and different requirements imposed, in relation to different applications.
(5)The FCA may require applicants to present information which they are required to give under this section in such form, or to verify it in such a way, as the FCA may direct.]
Textual Amendments
F1Pt. XVII Ch. 3A inserted (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), regs. 1, 3(12) (with reg. 24)
F2S. 261C(1) substituted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 2(10)(a)
F3Words in s. 261C(2) substituted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 2(10)(b)
F4S. 261C(2A) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 2(10)(c)
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