SUP 13A Annex 1 Application of the Handbook to Incoming EEA Firms

G

1. The table below summarises the application of the Handbook to an incoming EEA firm. Where the table indicates that a particular module of the Handbook may apply, its application in relation to any particular activity is dependent on the detailed application provisions in that module. The table does not apply to incoming ECA providers. These should refer to COBS 1 Annex 1 Part 3 section 710 for guidance on howCOBS10 applies to them. The table does not apply to EEA pure reinsurers or to an EEA firm in relation to its exercise of an EEA right under the auction regulation to provide services in the United Kingdom.2519

10 10 25

2. In some cases, the application of the Handbook depends on whether responsibility for a matter is reserved under an EU17 instrument to the incoming EEA firm'sHome State regulator. Guidance on the reservation of responsibility is contained inSUP 13A Annex 210 (Matters reserved to a Home State regulator). Guidance on the territorial application of MiFID is contained in PERG 13.6 and PERG 13.7 and SUP 13A Annex 2.10

17 10

3. For an incoming EEA firm which has permission for cross-border services only, many parts of the Handbook apply only if the firm carries on regulated activities in the United Kingdom. Those parts of the Handbook will therefore not apply if the firm confines its activities to those within the overseas persons exclusions in article 72 of the Regulated Activities Order, or which would not be regarded as carried on in the United Kingdom. Further guidance may be found in PERG 2.4 (Link between activities and the United Kingdom) and PERG 2.9.15 G to PERG 2.9.17 G (Overseas persons).

254. An EEA firm that exercises an EEA right under the auction regulation to establish a branch in the United Kingdom to provide auction regulation bidding is subject to a limited set of requirements in the Handbook that apply to that activity. These are the rules listed in paragraph 2.6A of SYSC 1 Annex 1, GEN 4 and SUP (in particular, the money laundering reporting function in SUP 10A47 and requirements to notify the FCA).47 Aside from this note, the table does not apply to those firms.

47 47

255. An EEA firm that exercises an EEA right under MiFID to carry on MiFID business bidding is subject to the applicable provisions relating to its carrying on of MiFID business and any applicable EU regulations44.

(1) Module of Handbook

(2) Potential application to an incoming EEA firm with respect to activities carried on from an establishment of the firm (or its appointed representative) in the United Kingdom

(3) Potential application to an incoming EEA firm with respect to activities carried on other than from an establishment of the firm (or its appointed representative) in the United Kingdom

PRIN

The Principles apply only in so far as responsibility for the matter in question is not reserved by an EU17 instrument to the firm'sHome State regulator (PRIN 3.1.1 R (1)).

For an incoming EEA firm which is a CRDcredit institution27 without a top-up permission, Principle 4 does not apply46.

17 27

The Principles do not apply if the firm has permission only for cross-border services and does not carry on regulated activities in the United Kingdom (PRIN 3.1.1 R (2)).

The Principles have limited application for activities which are not carried on from a UK establishment (see PRIN 3.1.1 R).

Otherwise, see column (2).

SYSC

SYSC 1 and SYSC 1 Annex 1 (Application of SYSC 2 and SYSC 3) contain 13application provisions only. SYSC 2 and SYSC 3 apply only to an insurer, a managing agent and the Society13as set out in SYSC 1 Annex 1.1.1R , which include the following exceptions:13

(1) SYSC 2.1.1 R (1) and SYSC 2.1.2 G do not apply;

(2) SYSC 2.1.3 R to SYSC 2.2.3 G apply, but only in relation to allocation of the function in SYSC 2.1.3 R (2) and SYSC 2.1.3AR(2)34and only in so far as responsibility for the matter in question is not reserved by an EU17 instrument to the firm'sHome State regulator; and

(3) SYSC 3 applies, but only in so far as responsibility for the matter in question is not reserved by an EU17 instrument to the firm'sHome State regulator. SYSC 1 Annex 1, Part 1, 1.8 R47(Where?) further restricts the territorial application of SYSC 1 to SYSC 3 for an incoming EEA firm. Further guidance is contained in SYSC 2.1.6 G, Question 12. SYSC 18410applies to the extent that the Public Interest Disclosure Act 1998 applies to the firm.

The common platform requirements in SYSC 4 - 10 apply as set out in Part 2 of SYSC 1 Annex 1 (Application of the common platform requirement).13

SYSC 1 Annex 1 row 2.6F provides that the common platform requirements do not apply to an incoming EEA AIFM branch, except the AIFMD Host State requirements and certain requirements regarding financial crime.28

SYSC 1 Annex 1.2.7G reminds 13EEA MiFID investment firms that they 13must comply with the common platform record-keeping requirements in relation to a branch in the United Kingdom.

SYSC 1 Annex 1 , Part 2, 2.7AG provides guidance on the application of the common platform requirements to the UKbranch of an EEA UCITS management company.22

SYSC 9 applies to activities carried on from an establishment in the United Kingdom, unless another applicable rule which is relevant to the activity has a wider territorial scope, in which case the common platform record-keeping requirements apply with that wider scope in relation to the activity described in that rule (SYSC 1 Annex 1.2.17R).13

SYSC 10A applies to an incoming EEA AIFM and an EEA MiFID investment firm.44

SYSC 12 does not apply (SYSC 12.1.3 R).

SYSC 13 does not apply (SYSC 13.1.1 G).

SYSC 14 does not apply (SYSC 14.1.1 R).

SYSC 15 does not apply (SYSC 15.1.1 G).

SYSC 16 does not apply (SYSC 16.1.1 G).

SYSC 17 does not apply (SYSC 17.1.1 G).

SYSC 18 applies.10

SYSC 19A 20, 3319B , 19C and 19D33do not apply.16

SYSC 19F applies to a MiFID investment firm unless it is a UCITS investment firm or an AIFM investment firm. 44

13 17 17 47 13 13 13 18 20 28 20

SYSC 2 and13SYSC 3 do not apply if the firm has permission only for cross-border services and does not carry on regulated activities in the United Kingdom (SYSC 1 Annex 1.1.1 R). 13SYSC 2 and13SYSC 3 have limited application for activities which are not carried on from a UK establishment (see SYSC 1 Annex 1.1.1 R (2A)).13

Otherwise, see column (2).

The common platform requirements in SYSC 4 - SYSC 10 apply as set out in SYSC 1 Annex 1.2.2R.13

SYSC 10A 44 - SYSC 17 do not apply.

SYSC 18 applies.

SYSC 19A 20, 19B44, 19C, 19D, 19E and 19F44 do not apply.33

13 13 13 13 13 13 20 16

36 COCON

COCON applies to employees of firms which are relevant authorised persons. See COCON 1.1 for detailed rules on the application of COCON.

Does not apply.

COND

COND does not apply if the firm does not have, or apply for, a top-up permission.

Otherwise, the threshold conditions apply in a limited way47

(1)in the case of47 a top-up permission under Part 4A47 of the Act (that is, a permission to carry on regulated activities in addition to those permitted through its authorisation under Schedule 3 to the Act (EEA Passport Rights)); and

(2) the exercise of the FCA's powers under sections 55J and 55L of the Act in relation to the top-up permission. (COND 1.2.4 G)47

47 47 47 47

As column (2).

APER

APER applies to approved persons other than relevant authorised persons (APER 1.1A.1G36). See below under SUP 10 as to whether controlled functions are performed, and approval therefore required.

Not relevant because SUP 10A36 does not apply.

FIT

FIT applies to a firm wishing to establish a branch in the United Kingdom or to apply for a top-up permission in respect of any application that it makes for the approval of a person to perform a controlled function (FIT 1.1). See SUP 10A and SUP 10C36 below as to whether such approval is required.

FIT applies in a limited way in relation to an incoming MiFID investment firm (see FIT 1.2.4A G). 10

Does not apply.

GEN

GEN applies (GEN 1.1, GEN 1.2,44GEN 2.1, GEN 4.1, GEN 5.1 and GEN 6.1). However, (a) GEN 4 does not apply to the extent that the firm is subject to equivalent rules imposed by its Home State (GEN 4.1.1 R (3)), and (b) GEN 6 only applies to business that can be regulated under sections 137A and 137G of the Act (The FCA's General rules) and (The PRA's General rules), respectively.47 It does not therefore apply if, or to the extent that, responsibility has been reserved to an incoming firm'sHome State regulator by an EU17 instrument. Only GEN 4.544 applies14 in relation to MiFID or equivalent third country business (see GEN 4.1.1 R).10 The FCA has supervisory responsibility in respect of a branch of a MiFID investment firm under article 44(8) of the MiFID Org Regulation relating to the prohibition on using the name of a competent authority to suggest its endorsement of the firm’s products or services.44

47 47 17 14

GEN 4 does not apply if the firm has permission only for cross-border services and does not carry on regulated activities in the United Kingdom (see GEN 4.1.1 R).12

Otherwise, as column (2) except in relation to article 44(8) of the MiFID Org Regulation44.

47

47 FEES

Applies to the extent a firm is required to pay a fee in regards to carrying out any regulated activity in the UK. FEES 3.2.7R applies in relation to incoming data reporting services providers.44

Does not apply in relation to regulated activity in the UK FEES 3.2.7R applies in relation to incoming data reporting services providers44

5 GENPRU

Does not apply.18

18

Does not apply if the firm has permission only for cross border services and does not carry on regulated activities in the United Kingdom.

5 BIPRU

EEA firms that are CADinvestment firms27 are subject to the prudential standards of their home state regulator (BIPRU 1.1.7 R). However, BIPRU 12 applies to an EEA firm that is an IFPRU investment firm or BIPRU firm27as respects the activities of its UKbranch, but in relation to liquidity risk only.18

18 27

Does not apply if the has only for and does not carry on in the .

IFPRU 27

EEA firms that are investment firms (as defined in the EUCRR) are subject to the EUCRR as implemented by their home state regulator (IFPRU 1.1.5 R).27

Does not apply if the firm has permission only for cross border services and does not carry on regulated activities in the United Kingdom.27

MIPRU 5

5

MIPRU 1 (Application and general provisions) does not apply unless the firm has a top-up permission.5

MIPRU 2 5 (Responsibility for insurance mediation activity) does not apply unless the firm has a top-up permission.

MIPRU 3 (Requirement to hold professional indemnity insurance)5 does not apply unless the firm has a top-up permission.

MIPRU 4 (Requirement to hold capital resources)5 does not apply unless the firm has a top-up permission.

See MIPRU 4.1.2 G5 for more detailed guidance.

MIPRU 5 5 (Insurance undertakings and mortgage lenders using insurance or mortgage mediation services) does not apply unless the firm has a top-up permission.

5 5 5 5 5 5

As column (2)

5 INSPRU

INSPRU does not apply.

31

INSPRU does not apply.31

IPRU(FSOC)

Does not apply because an incoming EEA firm cannot be a friendly society (IPRU(FSOC) 1.1).

Does not apply because an incoming EEA firm cannot be a friendly society (IPRU(FSOC) 1.1).47

IPRU(INV)

IPRU(INV) does not apply unless the firm:

(1) has a top-up permission;

(2) is an authorised professional firm, investment management firm, members' adviser, personal investment firm, securities and futures firm, service company or underwriting agent; and

(3) is not a lead regulated firm, a media firm or a BIPRU investment firm.5

(IPRU(INV) 1.1.1R and 1.2R)

5

As column (2).10

10 COBS

Guidance on the territorial application of COBS is contained in COBS 1 Annex 1 Part 3.

Guidance on the territorial application of COBS is contained in COBS 1 Annex 1 Part 3.11

11 ICOBS

ICOBS applies except to the extent necessary to be compatible with European law. Guidance on the territorial application of ICOBS is contained in ICOBS 1 Annex 1 Part 4.21

ICOBS 8.4 and parts of ICOBS 8.2 apply31 except to the extent necessary to be compatible with European law. Other chapters of21ICOBS do21 not apply, except to the extent necessary to be compatible with European law. Guidance on the territorial application of ICOBS is contained in ICOBS 1 Annex 1 Part 4.21

31 21

MCOB

Applies where the activity is carried on with or for a customer resident in the United Kingdom or another EEA State at the time that the activity is carried on, but see the territorial scope in MCOB 1.3.1AR and MCOB 1 Annex 5.40

32 32

Applies where the activity is carried on with or for a customer resident in the United Kingdom at the time that the activity is carried on but see MCOB 1.3.4 R (Distance contracts entered into from an establishment in another EEA State), MCOB 1.3.1AR and MCOB 1 Annex 5.40

32 32

CASS

CASS does not apply with respect to the firm'spassported activities unless the firm is an insurer (CASS 1.2.3 R (2)).

As column (2).

MAR

[deleted]37

[deleted]37

[deleted]39

37

[deleted]39

37

[deleted]10

10

[deleted]10

10

MAR 4 (Endorsement of the Take-over Code)

Applies to firms whose permission includes, or ought to include, any designated investment business, except as set out in MAR 4.4.1 R.

MAR 4 (Endorsement of the Take-over Code)

Does not apply (MAR 4.4.1 R (4)(b)).

MAR 5 (Multilateral Trading Facilities6)

Does not apply (MAR 5.1.1 R).

6

MAR 5 (Multilateral Trading Facilities) 6

Does not apply (MAR 5.1.1 R).

6

47 MAR 8 (Benchmarks)

Applies only to firms whose top-up permission includes providing information in relation to a regulated benchmark.

MAR 8 (Benchmarks)

As column (2)

MAR 10 (Commodity derivative position limits and controls, and position reporting) 44

Position limits apply in relation to position limits set by the FCA in accordance with MAR 10.2.2D. Position reporting applies to a member, participant or a client of a UK trading venue in accordance with MAR 10.4.10D.44

As column (1)44

TC

TC applies, but only in so far as responsibility for any matter it covers is not reserved by an EU17 instrument to the firm'sHome State regulator.

17

TC Appendix 1 sets out the activities to which TC applies.7

TC Appendix 2 sets out the sourcebook's territorial scope.7

TC Appendix 3 sets out the limitations on TC App 2.7

7 7 7 7

SUP

SUP 1A (The FCA's approach to supervision) 47

Applies, but contains only guidance.

47

SUP 1A (The FCA's approach to supervision) 47

As column (2).

47

SUP 2 (Information gathering by the FCA or PRA 43 on its own initiative) 47

The application of this chapter is the same as for Principle 11 (see under PRIN above).

47

SUP 2 (Information gathering by the FCA or PRA 43 on its own initiative). 47

As column (2)

47

SUP 3 (Auditors)

Applies to the firm (and its auditor) only if the firm has a top-up permission.

SUP 3 (Auditors)

As column (2)

SUP 4 (Actuaries)

Does not apply.

SUP 4 (Actuaries)

Does not apply.

SUP 5 (Skilled persons)

Applies only if the firm is required by the FCA or PRA47 to provide a report under section 166 of the Act (Reports by skilled persons).

47

SUP 5 (Skilled persons)

As column (2).

SUP 6 (Applications to vary and cancel Part 4A permission) 47

Applies only if the firm has a top-up permission

47

SUP 6 (Applications to vary and cancel Part 4A permission) 47

As column (2).

47

SUP 7 (Individual requirements)

Applies only if the firm has a top-up permission. It contains only guidance on the exercise of the FCA's powers under sections 55J and 55L of the Act. The FCA has similar, but more limited, powers of intervention under Part 13 of the Act in relation to the permission of the firm under Schedule 3 to the Act (see EG 8).47

47

SUP 7 (Individual requirements)

As column (2).

SUP 8 (Waiver and modification of rules)

Applies only if the firm wishes to apply for, or consent to, or has been given, a waiver of the appropriate regulator's47 rules (SUP 8.1.1 R).

47

SUP 8 (Waiver and modification of rules)

As column (2).

SUP 9 (Individual guidance)

Applies only if the firm wishes to obtain individual guidance from the FCA or if the FCA47 gives the firm individual guidance on its own initiative (SUP 9.1.1 G).

47

SUP 9 (Individual guidance)

As column (2).

SUP 10A (Approved persons) 47

Applies, but the applicable controlled functions are limited. See SUP 10A.147 (Application) for more detailed guidance.SUP 10A applies in a limited way in relation to an incoming EEA firm that is a Solvency II firm (see SUP 10A.1.8 G).31

47 47

SUP 10A (Approved persons) 47

Does not apply (SUP 10A.1.6 R).47

47 47

47 SUP 10B (Approved Persons)

Does not apply

SUP 10B (Approved Persons)

As column (2)

SUP 10C (FCA senior management regime for approved persons in relevant authorised persons)

42

Applies to EEA incoming firms which are EEA relevant authorised persons, but the applicable controlled functions are limited. See SUP 10C.1 (Application) for more detailed guidance.42

SUP 11 (Controllers and close links)

Does not apply (SUP 11.1.1 R (2)).

SUP 11 (Controllers and close links)

Does not apply (SUP 11.1.1 R (2)).

SUP 12 (Appointed representatives)

Applies only if the firm has permission to carry on designated investment business, insurance mediation activity or mortgage mediation activity and wishes to appoint, or has appointed, an appointed representative (SUP 12.1.1 R (1)).

SUP 12 (Appointed representatives)

As column (2).

SUP 13 (Exercise of passport rights by UK firms)

Does not apply.

SUP 13 (Exercise of passport rights by UK firms)

Does not apply.

SUP 13A (Qualifying for authorisation under the Act)

SUP 13A applies to the firm if it:

(1) is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether it needs a top-up permission; or

(2) is, or is considering, applying to the appropriate regulator47 to carry on regulated activities in the United Kingdom under a top-up permission; or

(3) is, or is considering, establishing a branch or providing cross-border services into the United Kingdom using EEA rights.

47

SUP 13A (Qualifying for authorisation under the Act)

As column (2).

SUP 14 (Incoming EEA Firms: Changing detail and cancelling qualifications for authorisation)

Applies.

SUP 14 (Incoming EEA Firms: Changing detail and cancelling qualifications for authorisation)

Applies.

SUP 15 (Notifications to the FCA or PRA) 47

Applies in full if the firm has a top-up permission. Otherwise, the application is modified as set out in SUP 15 Annex 1.

47

SUP 15 (Notifications to the FCA or PRA) 47

Does not apply if the firm has permission only for cross border services and does not carry on regulated activities in the United Kingdom (SUP 15 Annex 1).

Otherwise, as column (2).

47

SUP 16 (Reporting requirements)

Parts of this chapter may apply if the firm has a top-up permission or if the firm is:

(a) a bank; or

(c) an OPS firm; or

(e) an insurer with permission to effect or carry out life policies; or

(f) a firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme;2 or

(g) a firm with permission to carry on MiFID business,44advise on investments, arrange (bring about) deals in investments, make arrangements with a view to transactions in investments, or arrange safeguarding and administration of assets.

(SUP 16.1)

30 30 30 2

SUP 16 (Reporting requirements)

Parts of this chapter may apply if the firm has a top-up permission or if the firm is:

(b) an OPS firm; or

(d) an insurer with permission to effect or carry out life policies; or

(e) a firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme;2 or

(f) a firm with permission to advise on investments, arrange (bring about) deals in investments, make arrangements with a view to transactions in investments, or arrange safeguarding and administration of assets.

(SUP 16.1)

30 30 30 2

SUP 17 (Transaction reporting)

A MiFID investment firm (other than a collective portfolio management investment firm) reports transactions executed wholly or partly through its branch to the competent authority of its Home State unless otherwise agreed by that competent authority and the FCA, in which case it will report to the FCA.44

10 10 10 10

SUP 17 (Transaction reporting)

Does not apply.44

10 10

SUP 18 (Transfers of business)

SUP 18.4 does not apply. SUP 18.1, SUP 18.2 and SUP 18.3 may be relevant if the firm proposes to transfer the whole or part of its business by an insurance business transfer scheme or to accept such a transfer or proposes to accept certain transfers of insurance business taking place outside the United Kingdom.

SUP 18 (Transfers of business)

As column (2).47

SUP App 2 (Insurers: Scheme of operations)

Does not apply (SUP App 2.1.1 R).

SUP App 2 (Insurers: Scheme of operations)

Does not apply (SUP App 2.1.1 R).8

44 PROD

Applies in respect of the rules which implement article 24(2) MiFID and articles 9 and 10 of the MiFID Delegated Directive in relation to the activities of a branch within the territory of the UK.

Does not apply.

DEPP 8

8

DEPP applies and contains a description of the FCA's47 procedures for taking statutory notice decisions, the FCA's47 policy on the imposition and amount of penalties and the conduct of interviews to which a direction under section 169(7) of the Act47 has been given or the FCA47 is considering giving.8

8 47 47 47 47

DEPP applies and contains a description of the FCA's47 procedures for taking statutory notice decisions, the FCA's47 policy on the imposition and amount of penalties and the conduct of interviews to which a direction under section 169(7) of the Act47has been given or the FCA47 is considering giving.8

8 47 47 47 47

DISP

Generally applies28 (DISP 1.1.1 G) 44.

In relation to MiFID business carried on from the branch of an EEA firm, the provisions in DISP relating to MiFID complaints generally apply (subject to some limitations, see DISP 1.1A.7R), as do the directly applicable provisions of the MiFID Org Regulation relating to complaints handling.44

For an incoming EEA AIFM branchDISP applies (subject to some limitations, see DISP 1.1.3 R), except for an incoming EEA AIFM branch of an AIF that is a body corporate (and not a collective investment scheme), including where the body corporate is an ELTIF38 when DISP does not apply.28

28 28 10

Generally does28 not apply (DISP 1.1.1 G).

However, DISP applies (subject to some limitations, see DISP 1.1.3R and DISP 1.1.5R) to: 38

(a) an incoming EEA firm which is a UCITS management company managing a UCITS scheme; or38

(b) an AIFM managing an authorised AIF or a UK ELTIF other than a body corporate that is not a collective investment scheme.38

28 28

COMP

Applies, except in relation to the passported activities of a MiFID investment firm,45 an IMD insurance intermediary,45 a UCITS management companycarrying on non-core services under article 6.3 of the UCITS Directive, an MCD mortgage credit intermediary41 and an incoming AIFM45 carrying on either AIFM management functions for an unauthorised AIF or non-core services under article 6.4 of AIFMD28 (see the definition of "participant firm"). However, a firm specified above28 may be able to apply for top-up cover in relation to its passported activities (see COMP 14 (Participation by EEA Firms)).47

10 10 47 27 27 27 27 28 28 28 28

Does not apply in relation to the passported activities of a4510MiFID investment firm,45 an IMD insurance intermediary, an MCD mortgage credit intermediary41 or a UCITS management company47carrying on non-core services under article 6.3 of the UCITS Directive or an incoming EEA AIFM regarding AIFM management functions carried on for an unauthorised AIF or non-core services under article 6.4.28 Applies in relation to the passported activities of a UCITS management company in relation to the management of a UCITS scheme and of an AIFM in relation to the management of an authorised AIF.45 Otherwise, COMP may apply, but the coverage of the compensation scheme is limited for non-UK activities (see COMP 5). 47

10 47 28 27 27 28

COLL

15

A.28The following provisions of COLL apply to an EEA UCITS management company providing collective portfolio management services for a UCITS scheme:

(a) COLL 6.6A.2 R (Duties of AFMs of UCITS schemes and EEA UCITS schemes to act in the best interests of the scheme and its Unitholders);

(b) COLL 6.6A.4 R (Due diligence requirements of AFMs of UCITS schemes and EEA UCITS schemes);

(c) COLL 6.6A.5 R (Compliance with the regulatory requirements applicable to the conduct of business activities of a UCITS management company);

(d) COLL 12.3.4 R (Provision of documentation to the FSA: EEA UCITS management companies);

(e) the fund application rules (see COLL 12.3.5 R (COLL fund rules under the management company passport: the fund application rules);

(f) COLL 12.3.6 R (Requirement to make information available to the public or the FSA);

(g) COLL 12.3.7 G (EEA UCITS management companies: compliance with FSA rules); and

(h) COLL 12.3.8 G (EEA UCITS management companies: conduct of business rules).

An EEA UCITS management company providing collective portfolio management services for a UCITS scheme should be aware that it will be expected to comply with the above rules in relation to all aspects of the functioning of the relevant UCITS scheme where, for example, the firm:22

(a) [deleted]22

(b) wishes to apply for an authorisation order to establish an AUT, ACS26 or ICVCas a UCITS scheme;22 or

(ba) is the management company of a UCITS scheme that wishes to exercise an EEA right to market its units in another EEA State; or22

(c) is the operator of a recognised scheme.22

B. Subject to FUND 1.1.2 R, COLL applies to an incoming EEA AIFM as relevant.28

15 22 22 22

For an EEAUCITSmanagement company providingcollective portfolio management services for a UCITS scheme, as28 column (2)A.28(d), (e), (f) and (g) and the other parts of COLL specified.22

For an incoming EEA AIFM, as column (2) B.28

28

FUND 28

FUND 3.8 (Prime brokerage firms) applies to an incoming EEA AIFM branch.

FUND 10 (Operating on a cross-border basis), provides guidance for an incoming EEA AIFM branch.

Does not apply, except FUND 10 (Operating on a cross border basis) which provides guidance for an EEA AIFM managing an AIF on a services basis or marketing an AIF using the marketing passport under AIFMD.

CREDS 24

24

Does not apply.

Does not apply.47

PROF

PROF applies only if the firm is an authorised professional firm.

As column (2).

REC

Does not apply.

Does not apply.

29 CONC

[FCA]

CONC applies except to the extent necessary to be compatible with European law.

Provisions on the territorial application of CONC are contained in CONC 1.2.5 R and CONC 1.2.6 R

As column (2)

LR

LR (Listing Rules)

May apply if the firm is applying for listing in the United Kingdom, is a listedissuer in the United Kingdom, is a sponsor or is applying for approval as a sponsor.

LR (Listing Rules)

As column (2).

PR

PR (Prospectus Rules)

May apply if the firm makes an offer of transferable securities to the public in the United Kingdom or is seeking the admission to trading of transferable securities on a regulated market situated or operating in the United Kingdom.

PR (Prospectus Rules)

As column (2).

DTR

DTR (Disclosure Guidance37 and Transparency Rules)

May apply if the firm is an issuer, any class of whose financial instruments have been admitted to trading on a regulated market, or are the subject of an application for admission to trading on a regulated market, other than issuers who have not requested or approved admission of their financial instruments to trading on a regulated market.

DTR (Disclosure Guidance37 and Transparency Rules)

As column (2).

47 EG

EG describes the FCA's approach to exercising the main enforcement powers given to it by FSMA and by other legislation.35EG is a Regulatory Guide and as such does not form part of the Handbook.

EG (Enforcement Guide) As column (2).

47 CONRED

Applies to a firm which made a personal recommendation in relation to an Arch cru fund, after which a consumer made an investment in the Arch cru fund, and to which the suitability requirements (specified at paragraph 5.1R of the instructions in CONRED 2 Annex 13 ) applied (CONRED 2.1.1R).

Does not apply

47 Notes to Annex 1

Note 1:

PRA-authorised persons should also refer to the relevant parts of the PRA Rulebook.44

36

Note 2: The effect of article 35(1) and 35(8) of MiFID (when read with article 1(3) of MiFID) is that if an EEA MiFID investment firm establishes a branch in the UK exercising an EEA right under MiFID or CRD, the FCA has supervisory responsibility for the services and activities provided or performed by the branch within the UK in relation to the rules implementing articles 24, 25, 27 and 28 of MiFID44.

30