The following Financial Services practice note provides comprehensive and up to date legal information covering:
This Practice Note provides an introduction to some of the regulatory responsibilities and contractual requirements that firms authorised by the Financial Conduct Authority (FCA) or Prudential Regulation Authority (PRA), or 'principals', have in relation to their appointed representatives (ARs). It discusses such issues as appointing an AR, conducting verification, entering into a contract and the notifications that a principal must make to the FCA in relation to its ARs.
A 'principal' is a firm directly authorised by the FCA and/or the PRA to perform regulated activities under Part 4A of the Financial Services and Markets Act 2000 (FSMA 2000), and which engages a person or firm to conduct some or all of those regulated activities on its behalf. The appointed person may be an AR or a tied agent, but in both cases the principal is responsible for making sure that the AR or the tied agent meets FCA and/or PRA requirements at all times. The requirements a principal must meet in relation to its AR or tied agent are contained in Chapter 12 of the Supervision manual (SUP 12) of the FCA Handbook. For further information on who can become and AR and how, see Practice Note: Appointed representatives, and for tied agents, see Practice Note: Tied agents.
As described in further detail below, where a principal contracts
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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