PART II SPECIFIED ACTIVITIES
Chapter VIArranging Deals in Investments
The activities
Arranging deals in investments25
1
Making arrangements for another person (whether as principal or agent) to buy, sell, subscribe for or underwrite a particular investment which is—
a
a security,
b
a F2relevant investment, or
c
an investment of the kind specified by article 86, or article 89 so far as relevant to that article,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements buying, selling, subscribing for or underwriting investments falling within paragraph (1)(a), (b) or (c) (whether as principal or agent) is also a specified kind of activity.
F43
Paragraphs (1) and (2) do not apply to a kind of activity to which article 25D applies.
F1Arranging regulated mortgage contracts25A
1
Making arrangements—
a
for another person to enter into a regulated mortgage contract as borrower; or
b
is a specified kind of activity.
F121A
A regulated mortgage contract falls within this paragraph if—
a
the contract was entered into on or after 31st October 2004; or
b
the contract—
i
was entered into before 31st October 2004; and
ii
was a regulated credit agreement immediately before 21st March 2016.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated mortgage contract as borrower is also a specified kind of activity.
F82A
Making arrangements to enter into a regulated mortgage contract with a borrower on behalf of a lender is also a specified kind of activity.
F3Arranging regulated home reversion plans25B
1
Making arrangements—
a
for another person to enter into a regulated home reversion plan as reversion seller or as plan provider; or
b
for another person to vary the terms of a regulated home reversion plan, entered into on or after 6th April 2007 by him as reversion seller or as plan provider, in such a way as to vary his obligations under that plan,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated home reversion plan as reversion seller or as plan provider is also a specified kind of activity.
F3Arranging regulated home purchase plans25C
1
Making arrangements—
a
for another person to enter into a regulated home purchase plan as home purchaser; or
b
for another person to vary the terms of a regulated home purchase plan, entered into on or after 6th April 2007 by him as home purchaser, in such a way as to vary his obligations under that plan,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated home purchase plan as home purchaser is also a specified kind of activity.
F5Operating a multilateral trading facility25D
1
The operation of a multilateral trading facility on which MiFID instruments are traded is a specified kind of activity.
2
In paragraph (1), “MiFID instrument” means any investment—
a
of the kind specified by article 76, 77, F677A, 78, 79, 80, 81, 83, 84 or 85; or
b
of the kind specified by article 89 so far as relevant to an investment falling within sub-paragraph (a),
that is a financial instrument.
F7Arranging regulated sale and rent back agreements25E
1
Making arrangements—
a
for another person to enter into a regulated sale and rent back agreement as an agreement seller or as an agreement provider; or
b
for another person (“A”) to vary the terms of a regulated sale and rent back agreement, entered into on or after 1st July 2009 by A as agreement seller or agreement provider, in such a way as to vary A’s obligations under that agreement,
is a specified kind of activity.
2
Making arrangements with a view to a person who participates in the arrangements entering into a regulated sale and rent back agreement as agreement seller or agreement provider is also a specified kind of activity.