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.

REC 1.1 Application

4 4 5
REC 1.1.1 G RP
  1. (1)

    The rules and guidance in this sourcebook apply to recognised bodies and to applicants for recognition as RIEs under Part XVIII of the Act (Recognised Investment Exchanges and Clearing Houses) and (as RAPs) under the RAP regulations7.

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  2. (2)

    The recognition requirements and guidance in REC 2 relate primarily to UK RIEs which are recognised, or applying to be recognised, to operate a regulated market in the United Kingdom.5

  3. (3)

    While some recognition requirements in REC 2 apply to other trading venues operated by UK RIEs, guidance in respect of those venues is set out in MAR 5 and MAR 5A.5

4 4 4 4 3
REC 1.1.1A G RP

[deleted]6

2
REC 1.1.2 G RP
  1. (1)

    UK RIEs4 are exempt persons under section 285 of the Act (Exemption for recognised investment exchanges and clearing houses).

    4
  2. (2)

    UK RIEs4 must satisfy recognition requirements prescribed by the Treasury (in certain cases with the approval of the Secretary of State) in the Recognition Requirements Regulations. UK RIEs must also satisfy the MiFID/MiFIR requirements7.26RAPs must satisfy the recognition requirements prescribed by the Treasury in the RAP regulations, under the UK auctioning regulations and must also be UK RIEs and so are subject to the MiFID/MiFIR requirements.7ROIEs4 must satisfy recognition requirements laid down in section 292 of the Act (Overseas investment exchanges and overseas clearing houses).

    4345534
  3. (3)

    UK RIEs4 must also comply with the following:5

    4
    1. (a)

      notification requirements in, and notification rules made under, sections 293 (Notification requirements) and 295 (Notification: overseas investment exchanges and clearing houses) of the Act; and5

    2. (b)

      any rules made under the FCA’s rule-making power in regulation 11 of the Recognition Requirements Regulations.5

REC 1.1.3 G RP
  1. (1)

    The recognition requirements for UK recognised bodies5are set out, with guidance, in REC 2.6 The RAP recognition requirements (other than requirements under the UK auctioning regulations which are not reproduced in REC) are set out, with guidance, in REC 2A.7

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  2. (1A)

    Key relevant MiFID/MiFIR requirements directly applicable to UK recognised bodies are signposted as “Notes”.5

  3. (2)

    The notification rules for UKrecognised bodies are set out in REC 3 together with guidance on those rules.

  4. (3)

    Guidance on the FCA's4 approach to the supervision of recognised bodies is given in REC 4.

    4
  5. (4)

    Guidance for applicants (and potential applicants) for UK recognised body status is given in REC 5.

  6. (5)

    The recognition requirements, notification rules, and guidance for ROIEs4 and guidance for applicants (and potential applicants) for ROIE4 status are set out in REC 6.

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  7. (5A)

    [deleted]6

    2
  8. (6)

    The fees rules for recognised bodies and applicants are set out in 1FEES 1, 2, 3 and 41.

REC 1.2 2Purpose, status and quotations, notes or references

Purpose

REC 1.2.1 G RP

The purpose of the guidance6in this sourcebook is to give information on the recognised body requirements.36 Explanations of the purposes of the rules in this sourcebook are given in the chapters concerned.

2 2 2 3 3 3 2

Status

REC 1.2.2 G RP
  1. (1)

    Most of the provisions in this sourcebook are marked with a G (to indicate guidance) or an R (to indicate a rule). Quotations from UK5 statute or statutory instruments are marked with the letters "UK"5 unless they form part of a piece of guidance. Other informative text regarding provisions of EU directives or onshored regulations6 which is meant to be for the convenience of readers but is not part of the legislative material is preceded by the word “Note”.5 For a discussion of the status of provisions marked with a letter, see Chapter 6 of the Reader's Guide.

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  2. (2)

    Where the guidance states that the FCA4 may have regard to any factor in assessing or determining whether a recognised body requirement3 is satisfied, 2it means that the FCA4 will take that factor into account so far as it is relevant.

    4234
  3. (3)

    In determining whether a recognised body satisfies the recognised body requirements,3 the FCA4 will have regard to any relevant factor, including, but not limited to, the factors specifically discussed in the guidance.1

    34

2Quotations

REC 1.2.3 G RP
  1. (1)

    This sourcebook contains quotations from the Act, the Recognition Requirements Regulations, 6the RAP regulations,7 the Companies Act 19895and, where necessary, words have been added to, or substituted for, the text of these provisions to facilitate understanding.

    352
  2. (2)

    The additions and substitutions are enclosed in square brackets ([ ]). The omission of words within a quotation is indicated by three dots (...).

  3. (3)

    Any words in these quotations which have the same meaning as Handbook defined terms are shown in italics and their definitions may be found in the Glossary.

  4. (4)

    As these quotations contain provisions which impose obligations, they are printed in bold type. The use of bold type is not intended to indicate that these quotations are rules made by the FCA4.

    4
  5. (5)

    None of the editorial changes made by the FCA4 in these quotations can supersede or alter the meaning of the provision concerned.

    42