Provision of services: contents of regulator’s noticeU.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 [F1appropriate UK regulator within the meaning of that paragraph] by a firm’s home state regulator pursuant to that paragraph).
(2) [F2Subject 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 [F634.6] 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.]
[F7(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 [F8Article 14 of the Solvency 2 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 F9... [F10covers the Solvency Capital Requirement calculated in accordance with Article 100 of the Solvency 2 Directive and the minimum capital requirement calculated in accordance with Article 129 of that directive.]
[F11(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.]
[F12(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.]
[F13(6) In the case of an EEA mortgage intermediary, the prescribed information is—
(a)a statement that the firm is an EEA mortgage intermediary;
(b)particulars of the services to be carried on in the United Kingdom;
(c)whether the EEA mortgage intermediary is a tied mortgage intermediary;
(d)the name and address of the mortgage creditors (if any) to which the EEA mortgage intermediary is tied; and
(e)whether those mortgage creditors (if any) take full and unconditional responsibility for the activities of the EEA mortgage intermediary.]
Textual Amendments
F1Words 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)
F2Words 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)
F3Word 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)
F4Reg. 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)
F5Reg. 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)
F6Word in reg. 3(2ZA) substituted (29.6.2017 for specified purposes) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 5(3) (with reg. 7)
F7Reg. 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)
F8Words in reg. 3(3)(a) substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 13(4)(i)
F9Words in reg. 3(3)(e) omitted (1.1.2016) by virtue of The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 13(4)(ii)(aa)
F10Words in reg. 3(3)(e) inserted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 13(4)(ii)(bb)
F11Reg. 3(4) inserted (14.1.2005) by The Insurance Mediation Directive (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1473), regs. 1(1), 8(3)
F12Reg. 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)
F13Reg. 3(6) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 9(4) (with Pt. 4)
Commencement Information