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Schedule 6, Part 1E, paragraph 5F

FSMA 2000

D must be capable of being effectively supervised by the PRA. The matters which are relevant in determining whether D satisfies the condition in sub-paragraph (1) include— the nature (including the complexity) of the regulated activities that D carries on or seeks to carry on; the complexity of any products that D provides or will provide in carrying on those activities; the way in which D’s business is organised; if D is a member of a group, whether membership of the group is likely to prevent the PRA’s effective supervision of D; whether D is subject to consolidated supervision required under any relevant implementing provisions; if D has close links with another person (“CL”)— the nature of the relationship between D and CL, whether those links are or that relationship is likely to prevent the PRA’s effective supervision of D, and if CL is subject to the laws, regulations or administrative provisions of a country or territory outside the United Kingdom (“the foreign provisions”), whether those foreign provisions, or any deficiency in their enforcement, would prevent the PRA’s effective supervision of D. D has close links with CL if— CL is a parent undertaking of D, CL is a subsidiary undertaking of D, CL is a parent undertaking of a subsidiary undertaking of D, CL is a subsidiary undertaking of a parent undertaking of D, CL owns or controls 20% or more of the voting rights or capital of D, or D owns or controls 20% or more of the voting rights or capital of CL.

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Source: legislation.gov.uk · retrieved 2026-09-04