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MIGI 16.1 Variation of Permission (VOP)

MIGI 16.1.1G

A firm must apply to us to vary its permission if it wants to do one or more of the following:

  1. (1)

    carry on extra regulated activities;

  2. (2)

    reduce the number of regulated activities it is permitted to undertake;

  3. (3)

    vary the description of its regulated activities (including the removal or variation of any limitations); or

  4. (4)

    add, remove or vary any requirement.

MIGI 16.1.2G

Our rules on variation of permission are in SUP 6. There is a flowchart at SUP 6 Annex 2 that summarises the procedures for applying for a VOP. Limitations and requirements are covered in AUTH 3.6 and AUTH 3.7 and are also described in Part I, Chapter 4 of this Guide. Our powers are described in SUP 7 and ENF 3.

MIGI 16.1.3G

If your firm intends to expand its business you should assess, taking appropriate professional advice where necessary, whether you will need to apply to us for a variation of permission before making any changes. If your firm is planning on varying its permission substantially, you should discuss these plans with us as early as possible.

MIGI 16.1.4G

If your firm applies for a VOP to add new regulated activities, you should bear in mind that it is required to begin the activity within 12 months of being granted a variation of permission. We have the power to alter a firm's permission if it does not adhere to this rule, or if it ceases to provide a permitted regulated activity for a period of 12 months or more (regardless of when the permission was granted).

MIGI 16.1.5G

If your firm is applying for a VOP that will require a change in the controlled functions of its approved persons, you should submit the necessary form at the same time as your application for the VOP. For more information on approved persons and where to find the relevant forms see Part I, Chapter 6 of the Guide.