Q&As

Are loans involving family members, friends or trusts caught by the consumer credit regime?

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Published on LexisPSL on 31/10/2018

The following Financial Services Q&A provides comprehensive and up to date legal information covering:

  • Are loans involving family members, friends or trusts caught by the consumer credit regime?
  • The regulation of consumer credit
  • Regulated activities and consumer credit agreements
  • Exempt agreements under RAO

The regulation of consumer credit

Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out a regulated activity, or purport to do so, in the UK unless they are either an authorised person (ie authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority (FCA)), or an exempt person (eg by being an appointed representative). For an overview of the regulated activities regime in the UK, see Practice Note: What are regulated activities?

Activities are regulated if they are of a ‘specified kind’ (ie specified by the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544) which is carried on by way of business. For more information about what it means to carry on a regulated activity by way of business in the UK, see Practice Notes: What does 'by way of bu

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