Status: You are viewing the version of the handbook as on 2019-12-18.

appointed representative Directory person

      1. 153(1) An individual who falls within paragraph (2) but is not a certification employee.
      1. (2) An individual falls within this paragraph if they:
        1. (a) are:
          1. (i) (subject to paragraph (4)) an appointed representative or tied agent of an SMCR firm; or
          1. (ii) employed or appointed by a person falling within sub-paragraph (i);
        1. (b) perform the function specified in paragraph (3); and
        1. (c) require a qualification under TC App 1.1 (Activities and Products/Sectors to which TC applies subject to Appendices 2 and 3) to do so.
      1. (3) The function is one that will involve the person dealing with:
        1. (a) customers of:
          1. (i) the firm (A); or
          1. (ii) the appointed representative (B); or
        1. (b) property of customers of A or B,
        in relation to the carrying on of a regulated activity by A or B from an establishment maintained by A or B in the United Kingdom.
      1. For these purposes, “dealing with” includes having contact with customers and extends beyond “dealing” as used in the phrase “dealing in investments” which is used in Schedule 2 of the Regulated Activities Order (see also SUP 10A.10.6G).
      1. (4) A person does not fall within paragraph (2)(a)(i) if they are an EEA registered tied agent.