Financial Services and Markets Act 2000

Financial Services and Markets Act 2000

2000 CHAPTER 8

Commentary on Sections

Part Xviii: Recognised Investment Exchanges and Clearing Houses

Chapter I: Exemption

Section 292: Overseas investment exchanges and overseas clearing houses

529. This section modifies the application procedures and requirements where the applicant concerned is an overseas investment exchange or clearing house.

530. In order to be recognised, an overseas applicant need not comply with the recognition requirements made by the Treasury under section 286.  Instead, subsection (2) provides that the Authority may make a recognition order in respect of an overseas applicant if the requirements set out in subsection (3) are met.  These requirements are that investors are afforded protection equivalent to that which they would have had if the overseas body were required to comply with the recognition requirements; that there are adequate default procedures; that the applicant is able and willing to co-operate with the Authority; and that adequate arrangements are in place enabling the Authority to cooperate, for example through the sharing of information, with the overseas body’s home State supervisor.

531. Subsection (5) makes some changes as to how other provisions of this Part work in respect of overseas bodies given that the relevant requirements which they have to meet are those set out in subsection (3) rather than the recognition requirements made by the Treasury.