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.

PRIN 4.1 Principles: MiFID business

PRIN 4.1.1GRP

2PRIN 3.1.6 R gives effect to the provisions of the EUWA concerning the continuing application of the principle of the supremacy of EU law. It7 ensures that the Principles do not impose obligations upon firms which are inconsistent with a relevant7 EU 5 measure7. If a Principle 6does purport to impose such an obligation PRIN 3.1.6 R disapplies that Principle but only to the extent necessary to ensure compatibility with the relevant EU measure7. This disapplication has practical effect only for certain matters covered by MiFID, which are explained in this section.

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Where?

PRIN 4.1.2GRP

Under PRIN 3.3.1 R, the territorial application of a number of Principles to a UK MiFID investment firm is extended to the extent that another applicable rule or onshored regulation7 which is relevant to an activity has a wider territorial scope. 7

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PRIN 4.1.3GRP

Principles 4, 5 and 11 will have the same scope of territorial application for MiFID business as for other business.

What?

PRIN 4.1.4GRP
  1. (1)

    Certain requirements derived from7 MiFID are disapplied for:

    1. (a)

      eligible counterparty business;

    2. (b)

      transactions concluded under the rules governing a multilateral trading facility between its members or participants or between the multilateral trading facility and its members or participants in relation to the use of the multilateral trading facility;

    3. (c)

      transactions concluded on a regulated market between its members or participants.

  2. (2)

    Under PRIN 3.1.6 R, these disapplications may affect Principles 1, 2, 6 and 9. PRIN 3.1.6 R applies only to the extent that the application of a Principle would be contrary to the UK's obligations under a relevant EU measure7 in respect of a particular transaction or matter. In line with MiFID, these limitations relating to eligible counterparty business and transactions under the rules of a multilateral trading facility or on a regulated market only apply in relation to a firm's conduct of business obligations to its clients derived from7 MiFID. They do not limit the application of those Principles in relation to other matters, such as client asset protections, systems and controls, prudential requirements and market integrity. Further information about these limitations is contained in 1 COBS 1 Annex 1.1

  3. (3)

    Principles 3, 4, 5, 7, 8, 10 and 11 are not limited in this way.

PRIN 4.1.5G

[deleted]6