An overview of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO). Key sections: The general prohibition under FSMA 2000 39B.Claims management on behalf of an insurer etc. Safeguarding and administering investments, 41. Establishing etc. Those changes will be listed when you open the content using the Table of Contents below. Activities carried on in connection with employee share schemes, 72B.Activities carried on by a provider of relevant goods or services, 72C.Provision of information on an incidental basis, 72D.Large risks contracts where risk situated outside the EEA, 72E.Business Angel-led Enterprise Capital Funds, 77. (a) Administration— (i) legal and fund management accounting services; PERSONS EXCLUDED FROM REGULATED ACTIVITY OF MANAGING AN AIF. The term "Option" means an Energy Contract subject to Clearing by the Clearing House that is an 'option' under article 83 of the FSMA (Regulated Activities) Order 2001 or any economically similar Contract that is not an investment. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. It also provides an introduction to the various remedies available when a firm is in breach of the general prohibition. The European Central Bank, the European Investment Bank, the European... A national, regional or local government or body or other... An employee participation scheme or employee savings scheme. 35. International securities self-regulating organisations, 35B.Providing pensions guidance under Part 20A of the Act, 36B.Introducing by individuals in the course of canvassing off trade premises, 36D.Transaction to which the broker is a party, 36E.Activities in relation to certain agreements relating to land, 36F.Activities carried on by members of the legal profession etc, Chapter 6B Operating an Electronic System in Relation to Lending, 36H.Operating an electronic system in relation to lending, 36IA.Activities in relation to debentures and bonds, CHAPTER VIIA Assisting in the Administration and Performance of a Contract of Insurance, 39A.Assisting in the administration and performance of a contract of insurance. This date is our basedate. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. Arranging transactions to which the arranger is a party, 28A.Arranging contracts , plans or agreements to which the arranger is a party, 29. 10/16/2017 0 Comments paras. a collective investment scheme, Acting as trustee or depositary of a UCITS, Acting as trustee or depositary of an AIF, Operating a collective investment scheme in relation to a UCITS or an AIF, Providing basic advice on stakeholder products, Advising on regulated home reversion plans, Advising on regulated home purchase plans, Advising on regulated sale and rent back agreements, Advising on conversion or transfer of pension benefits, Advice given in the course of administration by authorised person, Advice given by reason of providing pensions guidance under Part 20A of the Act, Advice on syndicate participation at Lloyd’s, Managing the underwriting capacity of a Lloyd’s syndicate, Arranging deals in contracts of insurance written at Lloyd’s, Plans covered by insurance or trust arrangements, Exempt agreements: exemptions relating to the nature of the agreement, Exempt agreements: exemption relating to the purchase of land for non-residential purposes, Exempt agreements: exemptions relating to the nature of the lender, Exempt agreements: exemptions relating to number of repayments to be made, Exempt agreements: exemptions relating to the total charge for credit, Exempt agreements: exemptions relating to the nature of the borrower, Arranging administration by authorised person, Administration pursuant to agreement with authorised person, Exempt agreements: exemptions relating to nature of agreement, Exempt agreements: exemptions relating to supply of essential services, Exempt agreements: exemptions relating to the nature of the hirer, Entering into and administering regulated home reversion plans, Entering into and administering regulated home purchase plans, Entering into and administering regulated sale and rent back agreements, Publicly available factual data and subscription services, Administration of a specified benchmark by the FCA, Agreeing to carry on specified kinds of activity, Trustees, nominees and personal representatives, Activities carried on in the course of a profession or non-investment business, Activities carried on in connection with the sale of goods or supply of services, Activities carried on in connection with the sale of a body corporate, Activities carried on in connection with employee share schemes, Activities carried on by a provider of relevant goods or services, Provision of information on an incidental basis, Large risks contracts where risk situated outside the EEA, Business Angel-led Enterprise Capital Funds, Instruments creating or acknowledging indebtedness, Instruments giving entitlements to investments, Certificates representing certain securities, Lloyd’s syndicate capacity and syndicate membership, Activities carried on by members of the legal profession, etc, Consequential amendments of the Consumer Credit Act 1974, Consequential amendments of subordinate legislation under the Consumer Credit Act 1974, Duty to maintain a record of unauthorised persons carrying on insurance mediation activities, Members of designated professional bodies, Exclusion from record where not fit and proper to carry on insurance mediation activities, Exclusion from the record where FCA has exercised its powers under Part XX of the Act, Disapplication of section 49(2) of the Act. This Order specifies kinds of activities and investments for the purposes of the Financial Services and Markets Act 2000 (“the Act”). Use this menu to access essential accompanying documents and information for this legislation item. 2) Order 2007 publishedby PLC Financial ServicesRelated ContentOn 20 December 2007, the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 SCHEDULE 2 FINANCIAL INSTRUMENTS AND INVESTMENT SERVICES AND ACTIVITIES Article 3(1) PART 1 SECTION C OF ANNEX I TO THE MARKETS IN FINANCIAL INSTRUMENTS DIRECTIVE Financial instruments 1. View on Westlaw or start a FREE TRIAL today, Article 72AA, The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, PrimarySources Placing of financial instruments without a firm commitment basis. 3.An AIFM in so far as it manages one or... 4.An institution for occupational retirement provision which falls within the... 5.The European Central Bank, the European Investment Bank, the European... 7.A national, regional or local government or body or other... 9.An employee participation scheme or employee savings scheme. The Whole Instructions on behalf of settlement banks, 48. 200 provisions and might take some time to download. Activities carried on in connection with the sale of a body corporate, 71. The Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013, SI 2013/556 is the key piece of legislation relating to the scope of PRA regulation. Arrangements for the issue of shares etc. Sums received in exchange for electronic money, 9AA.Information society services and managers of UCITS and AIFs. 9G.Obtaining information from certified persons etc. Agreeing to carry on specified kinds of activity, Chapter XVII Exclusions Applying to Several Specified Kinds of Activity, 66. 4, 5 [PART 1A THE REGULATORS CHAPTER 1 THE FINANCIAL CONDUCT AUTHORITY The Financial Conduct Authority 1A The Financial Conduct Authority (1)The body corporate previously known as the Financial Services Authority is to be 61-63A) Different options to open legislation in order to view more content on screen at once. All contents of the lawinsider.com excluding publicly sourced documents are Copyright © 2013-, StarCompliance Code of Ethics application, Certified Remanufacture System or Verified Engine Upgrade. Activities not constituting administration, Chapter IX Sending Dematerialised Instructions, 46. 8. For more information see the EUR-Lex public statement on re-use. 2.—(1) Except as provided by paragraph (2), this Order comes into force on the day on which section 19 of the Act comes into force. Units in a collective investment scheme, 86. 2) Order 2007 (SI 2007/3510) was made available on the website of the Office of Public Sector Information (OPSI). Instruments giving entitlements to investments, 80. Section 19 of FSMA sets out a general prohibition on any person carrying on, or purporting to carry on, a regulated activity. Activities carried on in connection with the sale of goods or supply of services, 70. These exemptions are in addition to the exclusions to the specified activities set out under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO). It introduces the concept of regulated activities and the concepts in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO). The regulated financial services activities are set out and explained in Part 2 of the Financial Services and Markets Act 2000 (FSMA). Regulated Activities Order the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544). Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Sums received in consideration for the issue of debt securities, 9A. The term "Future" means an F&O Contract or FX Contract subject to Clearing by the Clearing House that is a 'future' or 'contract for differences etc.' Carrying on a credit broking activity is a regulated activity under article 36A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO). Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Instrument you have selected contains over The activities include, among others, accepting deposits, effecting and carrying out contracts of insurance, dealing in investments and arranging deals in investments. The Whole Instrument you have selected contains over 200 provisions and might take some time to download. may also experience some issues with your browser, such as an alert box that a script is taking a Activities carried on in the course of a profession or non-investment business, 68. Found in: Financial Services. International securities self-regulating organisations, Providing pensions guidance under Part 20A of the Act, Introducing by individuals in the course of canvassing off trade premises, Transaction to which the broker is a party, Activities in relation to certain agreements relating to land, Activities carried on by members of the legal profession etc, Operating an electronic system in relation to lending, Activities in relation to debentures and bonds, Assisting in the administration and performance of a contract of insurance. Access essential accompanying documents and information for this legislation item from this tab. Claims management on behalf of an insurer etc. Exclusion of electronic money from the compensation scheme, 10. RELEVANT TEXT OF THE INSURANCE MEDIATION DIRECTIVE, MEANING OF “BORROWER” IN RELATION TO GREEN DEAL CREDIT AGREEMENTS, FUNCTIONS INCLUDED IN THE ACTIVITY OF MANAGING A UCITS: ANNEX II TO THE UCITS DIRECTIVE. Define FSMA (Regulated Activities) Order 2001. means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, and Sums received by persons authorised to deal etc. 18A.Dealing by a company in its own shares, Chapter V Dealing in Investments as Agent, 22. An AIFM, the registered office of which is not in... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. Acceptance of instruments creating or acknowledging indebtedness. Execution of orders on behalf of clients. Arrangements for the issue of shares etc. 1(2), 34, Sch. under articles 84 or 85 of the FSMA (Regulated Activities) Order 2001, any similar investment which may be labelled as a 'spot', 'forward' or 'swap' contract or treated as such under any Applicable Law or any economically similar Contract that is not an investment, but excluding for the avoidance of doubt Options. Issue by a company of its own shares etc. Revocation of certificate on FCA’s own initiative. For further information see the Editorial Practice Guide and Glossary under Help. FSA remains of the view that article 25 (2) of the Regulated Activities Order includes certain types of arrangements for making introductions whilst recognising that the judgement in … 5 Is there anything wrong with this page? False claims to be a certified person, 9J. Arranging deals in contracts of insurance written at Lloyd’s, 58A.Information society services and managers of UCITS and AIFs, 60. Your firm requires our permission to carry out activities specified by the Regulated Activities Order 2001. Sums received in consideration for the issue of debt securities, Sums received in exchange for electronic money, Information society services and managers of UCITS and AIFs. Issue by a company of its own shares etc. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 2.Administration— (a) legal and fund management accounting services; ADDITIONAL ACTIVITIES INCLUDED IN THE ACTIVITY OF MANAGING AN AIF LISTED IN PARAGRAPH 2 OF ANNEX I TO THE ALTERNATIVE INVESTMENT FUND MANAGERS DIRECTIVE. Administration pursuant to agreement with authorised person, Chapter XVA Regulated Home Reversion Plans, 63B.Entering into and administering regulated home reversion plans, 63C.Arranging administration by authorised person, 63D.Administration pursuant to agreement with authorised person, Chapter XVB Regulated Home Purchase Plans, 63F.Entering into and administering regulated home purchase plans, 63G.Arranging administration by authorised person, 63H.Administration pursuant to agreement with authorised person, Chapter XVC Regulated Sale and Rent Back Agreements, 63J.Entering into and administering regulated sale and rent back agreements, 63K.Arranging administration by authorised person, 63L.Administration pursuant to agreement with authorised person, 63P.Publicly available factual data and subscription services, 63Q.Administration of a specified benchmark by the FCA, Chapter XVI Agreeing to Carry on Activities, 64. Plans covered by insurance or trust arrangements, 60A.Information society services and managers of UCITS and AIFs, 60C.Exempt agreements: exemptions relating to the nature of the agreement, 60D.Exempt agreements: exemption relating to the purchase of land for non-residential purposes, 60E.Exempt agreements: exemptions relating to the nature of the lender, 60F.Exempt agreements: exemptions relating to number of repayments to be made, 60G.Exempt agreements: exemptions relating to the total charge for credit, 60H.Exempt agreements: exemptions relating to the nature of the borrower, 60I.Arranging administration by authorised person, 60J.Administration pursuant to agreement with authorised person, Chapter 14B Regulated Consumer Hire Agreements, 60O.Exempt agreements: exemptions relating to nature of agreement, 60P.Exempt agreements: exemptions relating to supply of essential services, 60Q.Exempt agreements: exemptions relating to the nature of the hirer, 62. 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