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FCA Handbook
Glossary
regulated mortgage contract

regulated mortgage contract

(a) (in relation to a contract) a contract which:42
1. 42(i) (in accordance with article 61(3) of the Regulated Activities Order)42 at the time it is entered into, meets the following conditions:
  1. (42A42) a lender provides credit to an individual or to trustees (the 'borrower'); and
  1. (42B42) the obligation of the borrower to repay is secured by a first legalmortgage on land (other than timeshare accommodation) in the United Kingdom , at least 40% of which is used, or is intended to be used, in the case of credit provided to an individual, as or in connection with a dwelling; or (in the case of credit provided to a trustee who is not an individual), as or in connection with a dwelling by the borrower or (in the case of credit provided to trustees) by an individual who is a beneficiary of the trust, or by a person who is in relation to the borrower or (in the case of credit provided to trustees) a beneficiary of the trust: or (in the case of credit provided to trustees) a beneficiary of the trust:
    1. (42I42) that person's spouse 33or civil partner; or
    1. (42II42) a person (whether or not of the opposite sex) whose relationship with that person has the characteristics of the relationship between husband and wife; or
    1. (42III42) that person's parent, brother, sister, child, grandparent or grandchild42; and42
1. 42(ii) is not a home purchase plan.

14 17(b) (in relation to a specified investment) the investment, specified in article 88 of the Regulated Activities Order, which is rights under a regulated mortgage contract within (a).