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DISP 2.6 What is the territorial scope of the relevant jurisdiction?

Compulsory Jurisdiction

DISP 2.6.1R
  1. (1)

    The Compulsory Jurisdiction covers complaints about the activities of a firm (including its appointed representatives) , of a payment service provider (including agents of a payment institution), 11 of an electronic money issuer (including agents of an electronic money institution),14 of a CBTL firm, 14of a designated credit reference agency12 or of a designated finance platform14 carried on from an establishment in the United Kingdom.7

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  2. (2)

    The Compulsory Jurisdiction also covers complaints about:9 7

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    1. (a)

      collective portfolio management services provided by an EEA UCITS management company managing a UCITS scheme; and9

    2. (b)

      AIFM management functions provided by an incoming EEA AIFM managing an authorised AIF or a UK ELTIF other than a body corporate that is not a collective investment scheme13;9

    from an establishment in another EEA State under the freedom to provide cross-border services.9

  3. (3)

    [deleted]

  4. (4)

    [deleted]

  5. (5)

    [deleted]

  6. (6)

    [deleted]

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DISP 2.6.2G

This:516

  1. (1)

    includes incoming EEA firms, incoming EEA authorised payment institutions6, incoming EEA authorised electronic money institutions817 and incoming Treaty firms; but

  2. (2)

    excludes complaints about business conducted in the United Kingdom on a services basis from an establishment outside the United Kingdom other than:13

    1. (a)

      complaints about collective portfolio management services provided by an EEA UCITS management company in managing a UCITS scheme; and 13

    2. (b)

      complaints about AIFM management functions provided by an incoming EEA AIFM managing an authorised AIF or a UK ELTIF other than a body corporate that is not a collective investment scheme.13

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Voluntary Jurisdiction

DISP 2.6.4R

The Voluntary Jurisdiction covers only complaints about the activities of a VJ participant carried on from an establishment:516

  1. (1)

    in the United Kingdom; or

  2. (2)

    elsewhere in the EEA if the following conditions are met:

    1. (a)

      the activity is directed wholly or partly at the United Kingdom (or part of it);

    2. (b)

      contracts governing the activity are (or, in the case of a potential customer, would have been) made under the law of England and Wales, Scotland or Northern Ireland; and

    3. (c)

      the VJ participant has notified appropriate regulators in its Home State of its intention to participate in the Voluntary Jurisdiction.

Location of the complainant

DISP 2.6.5G

A complaint can be dealt with under the Financial Ombudsman Service whether or not the complainant lives or is based in the United Kingdom.516

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