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CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

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FCA 2013/xx<br />

where it is a financial holding company, have a third country<br />

banking or investment services undertaking as a subsidiary<br />

undertaking or hold a participation in such an undertaking.<br />

…<br />

…<br />

8.3.5 G BIPRU 8 Annex 3G (Examples of how to identitfy a non-EEA sub-group)<br />

sets out examples of how to identify a non-EEA sub-group. [deleted]<br />

…<br />

8.3.7 G A firm will not be a member of a non-EEA sub-group unless it is also a<br />

member of a UK consolidation group. So the first step is to identify each<br />

undertaking in the firm's UK consolidation group that satisfies the following<br />

conditions:<br />

…<br />

(1) it is an institution a CAD investment firm, financial institution or<br />

asset management company whose head office is outside the EEA (a<br />

third country banking or investment services undertaking);<br />

…<br />

8.3.9 G If more than one BIPRU firm is a direct or indirect parent undertaking in<br />

accordance with BIPRU 8.3.7G(2)(a) then the sub-groups of each of them<br />

are all potential non-EEA sub-groups. This is illustrated in example three in<br />

BIPRU 8 Annex 3G (Examples of how to identify a non-EEA sub-group),<br />

where the sub-group of UK bank 1 and the sub-group of UK bank 2 are<br />

potential non-EEA sub-groups.<br />

8.3.10 G Similarly if there is more than one BIPRU firm that holds a participation in<br />

the third country banking or investment services undertaking in accordance<br />

with BIPRU 8.3.7 G(2)(b) then the sub-group of each such BIPRU firm is a<br />

potential non-EEA sub-group.<br />

8.3.11 G The effect of BIPRU 8.3.7G(3) is that a non-EEA sub-group cannot be<br />

headed by a parent institution in a Member State. This is illustrated in<br />

example one of BIPRU 8 Annex 3G (Examples of how to identify a non-<br />

EEA sub-group).<br />

8.3.12 G The firm should then identify each undertaking in the firm's UK<br />

consolidation group that satisfies the following conditions:<br />

(1) it is an institution a CAD investment firm, financial institution or<br />

asset management company whose head office is outside the EEA (a<br />

third country banking or investment services undertaking);<br />

…<br />

Page 34 of 57

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