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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 />

…<br />

8.3.14 G The financial holding company identified in BIPRU 8.3.12G may be a<br />

parent financial holding company in a Member State. This is illustrated by<br />

example 2 of BIPRU 8 Annex 3G (Examples of how to identify a non-EEA<br />

sub-group).<br />

…<br />

8.3.16 G Similarly if there is more than one financial holding company that holds a<br />

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

undertaking in accordance with BIPRU 8.3.12G(2)(b) then the sub-group of<br />

each such financial holding company is a potential non-EEA sub-group.<br />

8.3.17 G The firm should apply the process in BIPRU 8.3.12G to a third country<br />

banking or investment services undertaking even though it may be also be<br />

part of a potential non-EEA sub-group under BIPRU 8.3.7G.<br />

8.3.18 G Having identified potential non-EEA sub-groups <strong>for</strong> each third country<br />

banking or investment services undertaking in its UK consolidation group<br />

the firm should then eliminate overlapping potential non-EEA sub-groups in<br />

the following way. If:<br />

…<br />

(2) the third country banking or investment services undertakings in the<br />

two potential non-EEA sub-groups are the same;<br />

…<br />

8.3.19 G If there is a chain of three or more potential non-EEA sub-groups, each with<br />

the same third country banking or investment services undertakings, the<br />

elimination process may remove all but the highest. This is illustrated in<br />

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

EEA sub-group). In this example there are four potential non-EEA subgroups<br />

and the elimination process results in just one remaining (the one<br />

headed by the UK parent financial holding company in a Member State).<br />

…<br />

8.3.21 G Examples four and five in BIPRU 8 Annex 3G (Examples of how to identify<br />

a non-EEA sub-group) show how the same group may contain two non-EEA<br />

sub-groups even though the smaller potential non-EEA sub-group is part of<br />

a bigger one. The reason <strong>for</strong> there being two non-EEA sub-groups in these<br />

examples is that one of the third country banking or investment services<br />

undertakings is not a member of both potential non-EEA sub-groups.<br />

[deleted]<br />

8.3.22 G If a UK consolidation group is headed by a parent financial holding<br />

company in a Member State the result of the elimination process may be that<br />

a firm's UK consolidation group contains only one non-EEA sub-group and<br />

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