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Status:
Point in time view as at 03/01/2018.
Changes to legislation:
There are currently no known outstanding effects for the The Financial Services and Markets Act 2000 (Exemption) Order 2001, Paragraph 40.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
40. U.K.
(1) Any body corporate which has as its principal object (or one of its principal objects)—
(a)the promotion or encouragement of industrial or commercial activity or enterprise in the United Kingdom or in any particular area of it; or
(b)the dissemination of information concerning persons engaged in such activity or enterprise or requiring capital to become so engaged;
is exempt from the general prohibition in respect of any regulated activity of the kind specified by [articles 25, 36A, 39D, 39E and 89A of the Regulated Activities Order (arranging deals in investments, credit broking, debt adjusting, debt-counselling and providing credit information services)] so long as it does not carry on that activity for, or with the prospect of, direct or indirect pecuniary gain.
(2) For the purposes of this paragraph, such sums as may reasonably be regarded as necessary to meet the costs of carrying on the activity mentioned in sub-paragraph (1) do not constitute a pecuniary gain.
[(3) This paragraph does not apply where an investment firm or credit institution—
(a)provides or performs investment services and activities on a professional basis, and
(b)in doing so, but for the operation of [sub-paragraph (1)], it would be treated as carrying on an activity of a kind specified by Part 2 of the Regulated Activities Order [in breach of the general prohibition].]
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