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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.

Article 2 Identification, legal status and type of securitisation

  1. (1)

    An application for registration as a securitisation repository shall identify the applicant and the activities that the applicant intends to carry out for which registration as a securitisation repository is required.

  2. (2)

    For the purposes of paragraph 1, the application shall in particular contain the following:

    1. (a)

      the corporate name of the applicant, its legal address within the United Kingdom and the corporate name and legal address of any subsidiaries and branches of the applicant;

    2. (b)

      the applicant's legal entity identifier (LEI) registered with the Global Legal Entity Identifier Foundation;

    3. (c)

      the uniform resource locator (URL) of the applicant's website;

    4. (d)

      an excerpt from the relevant commercial or court register showing the place of incorporation and scope of business activity of the applicant, or some other form of certified evidence of the place of incorporation and scope of business activity of the applicant, valid in either case as at the date of the application for registration as a securitisation repository;

    5. (e)

      the securitisation types (ABCP transaction or non-ABCP transaction), risk transfer methods (traditional securitisation or synthetic securitisation) and underlying exposure types (residential real estate, commercial real estate, corporate, leasing, consumer, automobile, credit card, esoteric) for which the applicant wishes to be registered;

    6. (f)

      whether the applicant is authorised or registered by a competent authority in the United Kingdom and, if so, the name of the competent authority and any reference number related to the authorisation or registration;

    7. (g)

      the articles of incorporation or equivalent terms of establishment and, where relevant, other statutory documentation stating that the applicant is to conduct core securitisation services;

    8. (h)

      the name and contact details of the person(s) responsible for compliance, or any other staff involved in compliance assessments for the applicant, in relation to its provision of core securitisation services;

    9. (i)

      the name and contact details of the contact person for the purposes of the application;

    10. (j)

      the programme of operations, including the location of the main business activities of the applicant;

    11. (k)

      any ancillary securitisation or ancillary non-securitisation service that the applicant provides or intends to provide;

    12. (l)

      any information on any pending judicial, administrative, arbitration or any other litigation proceedings irrespective of their type, that the applicant may be party to, particularly as regards tax and insolvency matters and where significant financial or reputational costs may be incurred, or any non-pending proceedings, that may still have any material impact on securitisation repository costs.

  3. (3)

    Upon request, the applicant shall provide the FCA with additional information during the examination of the application for registration where such information is needed for the assessment of the applicant's ability to comply with the applicable requirements of Regulation (EU) 2017/2402 and for the FCA to duly interpret and analyse the documentation to be submitted or already submitted.

  4. (4)

    Where an applicant considers that a requirement of this Regulation is not applicable to it, it shall clearly indicate that requirement in its application and explain why that requirement does not apply.