EG 19.12 2Financial Conglomerates and Other Financial Groups Regulations 2004

EG 19.12.1

2These Regulations implement in part the Financial Conglomerates Directive,25 which imposes certain procedural requirements on the FCA as a competent authority under the Directive. These Regulations also make specific provision about the exercise of certain supervisory powers in relation to financial conglomerates.

25 Directive 2002/87/EC

EG 19.12.2

2The FCA's powers to vary a firm’s Part 4A permission or to impose requirements under sections 55J and 55L of the Act have been extended under these Regulations. The FCA is able to use these powers where it is desirable to do so for the purpose of:

  • supervision in accordance with the Financial Conglomerates Directive;
  • acting in accordance with specified provisions of the Capital Requirements Directive; and
  • acting in accordance with specified provisions of the Solvency II Directive1.

EG 19.12.3

2The duty imposed by section 55B(3) (The threshold conditions) of the Act does not prevent the FCA from exercising its own-initiative power for these purposes. But subject to that, when exercising this power under the Regulations, the FCA will do so in a manner consistent with its approach generally to variation under the Act.