The following Financial Services guidance note provides comprehensive and up to date legal information covering:
Authorised persons can obtain permission to deal in investments as principal, or as agent for another. Dealing in investments as principal or agent are specified activities.
Dealing in investments as principal is a regulated activity under article 14 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO).
The activity consists of:
subscribing for, or
securities or contractually-based investments as principal (ie for and on behalf of oneself).
The operation of a multilateral trading facility or an organised trading facility is not covered by RAO, SI 2001/544, art 14.
In order to be covered by RAO, SI 2001/544, art 14, the principal must hold himself out as willing, as principal, to:
buy, sell, or subscribe for investments at prices determined by him generally and continuously rather than in respect of each particular transaction
engage in the business of buying investments with a view to selling them
engage in the business of underwriting investments; or
regularly solicit members of the public with the purpose of inducing them, as principals or agents, to enter into a transaction.
‘Members of the public’ is further defined in RAO, SI 2001/544, art 15(2).
The holding out provisions are drafted as an exclusion
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