Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

GEN 4.1 Application

Who? What?

GEN 4.1.1RRP

1This chapter applies to every firm and with respect to every regulated activity, except that:

  1. (1)

    [deleted]7

  2. (2)

    [deleted]7

  3. (3)

    [deleted]7

    2
  4. (4)

    [deleted]7

    52
  5. (5)

    only GEN 4.1 (Application) and5 GEN 4.5 (Statements about authorisation and regulation by the appropriate regulator)9 apply5 in relation to MiFID or equivalent third country business and only where that MiFID or equivalent third country business is not business falling within paragraph 2 (Transactions between an MTF operator and its users), 3 (Transactions concluded on an MTF) or 4 (Transactions concluded on a regulated market) of Part 1 of COBS 1 Annex 13; and52

    393
  6. (6)

    only GEN 4.1 (Application) and GEN 4.5 (Statements about authorisation and regulation by the appropriate regulator) apply in relation to administering a benchmark.5

Where?

GEN 4.1.2RRP

GEN 4.3 (Letter disclosure) applies in relation to activities carried on from an establishment maintained by the firm (or by its appointed representative) in the United Kingdom, subject to GEN 4.3.4 R (Exception: insurers). In relation to regulated claims management activities, GEN 4.3 applies with respect to activity carried on in Great Britain, even if the establishment from which it is carried on is not located in the UK (see PERG 2.4A).6

GEN 4.1.2AR

8GEN 4.3 (Letter disclosure) applies to a TP firm in relation to activities carried on from an establishment maintained by the TP firm (or by its appointed representative) in the United Kingdom, or carried on by the TP firm (or its appointed representative) into the United Kingdom from an establishment that is not in the United Kingdom, subject to GEN 4.3.4R (Exception: insurers).

GEN 4.1.3RRP

GEN 4.4 (Business for private customers from non-UK offices) applies in connection with a regulated activity carried on from an establishment of the firm (or its appointed representative) that is not in the United Kingdom.

GEN 4.1.4RRP

3GEN 4.5 (Statements about authorisation and regulation by the appropriate regulator9) applies in relation to activities carried on from an establishment maintained by the firm (or by its appointed representative) in the United Kingdom.7

946
GEN 4.1.4AR

8GEN 4.5 (Statements about authorisation and regulation by the appropriate regulator) applies in relation to activities carried on from an establishment maintained by the TP firm (or by its appointed representative) in the United Kingdom or carried on by the TP firm (or its appointed representative) into the United Kingdom from an establishment that is not in the United Kingdom.