The Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001

Provision of services: contents of regulator’s notice U.K.

3.—(1) The following information is prescribed for the purposes of paragraph 14(1)(b) of Schedule 3 (and is therefore to be included in a regulator’s notice given to the [F1 appropriate UK regulator within the meaning of that paragraph] by a firm’s home state regulator pursuant to that paragraph).

(2) [F2 Subject to paragraph (2ZA), in] the case of an investment firm, the prescribed information is—

(a) a statement that the firm is an investment firm; F3 ...

(b) particulars of the programme of operations to be carried on in the United Kingdom, including a description of the particular EEA activities to be carried on [F4 ; and

(c) a statement of whether the firm intends to use a tied agent to provide services in the United Kingdom]

[F5 (2ZA) In the case of an investment firm exercising the right under Article 31.5 of the markets in financial instruments directive, the prescribed information is—

(a) a statement that the firm is an investment firm; and

(b) a statement that the firm intends to exercise that right in the United Kingdom.]

[F6 (2A) In the case of a management company, the prescribed information is—

(a) a statement that the firm is a management company;

(b) particulars of the programme of operations to be carried on in the United Kingdom including a description of the particular EEA activities to be carried on; and

(c) details of any compensation scheme which is intended to protect investors.]

(3) In the case of an insurance firm, the prescribed information is—

(a) a statement of the classes of business which the firm is authorised to carry on in accordance with Article 6 of the first non-life insurance directive or Article 6 of the first life insurance directive;

(b) the name and address of the firm;

(c) the nature of the risks or commitments which the firm proposes to cover in the United Kingdom;

(d) in the case of a firm which intends to cover relevant motor vehicle risks—

(i) the name and address of the claims representative; and

(ii) a declaration by the firm that it has become a member of the Motor Insurers' Bureau; and

(e) a statement by the firm’s home state regulator attesting that the firm has the minimum margin of solvency calculated in accordance with such of the following as are appropriate—

(i) Articles 16 and 17 of the first non-life insurance directive [F7 (as last amended by Directive 2002/87/EC of the European Parliament and of the Council)], and

(ii) Articles 18, 19 and 20 of the first life insurance directive.

[F8 (4) In the case of an insurance intermediary, the prescribed information is that the firm intends to carry on insurance mediation or reinsurance mediation (in each case, within the meaning of the insurance mediation directive) by providing services in the United Kingdom.]

[F9 (5) In the case of an EEA AIFM, the prescribed information is—

(a) a statement that the firm is an EEA AIFM;

(b) if the EEA AIFM wishes to manage an AIF in the United Kingdom—

(i) particulars of the programme of operations to be carried on in the United Kingdom, including a description of the particular EEA activities to be carried on; and

(ii) the identity of the AIFs that the EEA AIFM intends to manage; and

(c) if the EEA AIFM wishes to market an AIF in the United Kingdom—

(i) the documents and information set out in Annex IV to the alternative investment fund managers directive; and

(ii) a statement to the effect that the AIFM concerned is authorised to manage AIFs with a particular management strategy.]

Textual Amendments

F1 Words in reg. 3(1) substituted (10.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No. 2) Order 2013 (S.I. 2013/642), arts. 1, 3(b)

F2 Words in reg. 3(2) substituted (1.4.2007) by The Financial Services and Markets Act 2000 (EEA Passport Rights) (Amendment) Regulations 2006 (S.I. 2006/3385), regs. 1(2)(a), 5(a)(i) (with reg. 15)

F3 Word in reg. 3(2)(a) omitted (1.4.2007) by virtue of The Financial Services and Markets Act 2000 (EEA Passport Rights) (Amendment) Regulations 2006 (S.I. 2006/3385), regs. 1(2)(a), 5(a)(ii) (with reg. 15)

F4 Reg. 3(2)(c) and word inserted (1.4.2007) by The Financial Services and Markets Act 2000 (EEA Passport Rights) (Amendment) Regulations 2006 (S.I. 2006/3385), regs. 1(2)(a), 5(a)(iii) (with reg. 15)

F5 Reg. 3(2ZA) inserted (1.4.2007) by The Financial Services and Markets Act 2000 (EEA Passport Rights) (Amendment) Regulations 2006 (S.I. 2006/3385), regs. 1(2)(a), 5(b) (with reg. 15)

F6 Reg. 3(2A) inserted (13.2.2004) by The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), regs. 1(1), 3(2)(b)

F7 Words in reg. 3(3)(e)(i) inserted (10.8.2004) by The Financial Conglomerates and Other Financial Groups Regulations 2004 (S.I. 2004/1862), regs. 1(1), 14(4)

F8 Reg. 3(4) inserted (14.1.2005) by The Insurance Mediation Directive (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1473), regs. 1(1), 8(3)

F9 Reg. 3(5) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 14(3)

Commencement Information

I1 Reg. 3 in force at 1.12.2001, see reg. 1(1)