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Status: You are viewing the version of the handbook as on 2009-03-31.

SUP 13A.4 EEA firms establishing a branch in the United Kingdom

The conditions for establishing a branch

SUP 13A.4.1GRP
  1. (1)

    Before an EEA firm other than an EEA pure reinsurer 3exercises an EEA right to establish a branch in the United Kingdom other than under the Insurance Mediation Directive, the Act requires it to satisfy the establishment conditions, as set out in paragraph 13(1) of Part II of Schedule 3 to the Act.

  2. (2)

    For the purposes of paragraph 13(1)(b)(iii) of Part II of Schedule 3 to the Act, the information to be included in the consent notice has been prescribed under regulation 2 of the EEA Passport Rights Regulations.

SUP 13A.4.2GRP

Where an EEA firm exercises its EEA right to establish a branch in the United Kingdom under the Insurance Mediation Directive, the Act requires it to satisfy the establishment conditions, as set out in paragraph 13(1A) of Part II of Schedule 3 to the Act.

SUP 13A.4.3GRP

For the purposes of paragraph 13(2)(b) of Part II of Schedule 3 to the Act, the applicable provisions may include FSA rules. The EEA firm is required to comply with relevant rules when carrying on a passported activity through a branch in the United Kingdom as well as with relevant UK legislation.

SUP 13A.4.3AGRP

1Guidance on the matters that are reserved to a firm's Home State regulator is located in SUP 13A Annex 2.

The notification procedure

SUP 13A.4.4GRP
  1. (1)

    When the FSA receives a consent notice from the EEA firm's Home State regulator, it will, under paragraphs 13(2)(b), (c) and 13(3) of Part II of Schedule 3 to the Act, notify the applicable provisions (if any) to:

    1. (a)

      the EEA firm; and

    2. (b)

      in the case of an EEA firm passporting under the Insurance Directives, the Home State regulator;

    within two months of the notice2 date.

    2
  2. (1A)

    The notice date is:2

    1. (a)

      for a MiFID investment firm, the date on which the Home State gave the consent notice; and2

    2. (b)

      in any other case, the date on which the FSA received the consent notice.2

  3. (2)

    Although the FSA is not required to notify the applicable provisions to an EEA firm passporting under the Insurance Mediation Directive, these provisions are set out in SUP 13A Annex 1 (Application of the Handbook to Incoming EEA Firms).