Schedule 3, Part 3, paragraph 10(13)

After regulation 38 (disclosure of confidential information: third country credit institution) insert— In this Part— “EEA investment firm” means an investment firm as defined in point (2) of Article 4(1) of the capital requirements regulation whose head office is in an EEA State other than the United Kingdom; and “UK investment firm” means an investment firm as defined in subsections (1) and (2)(a) of section 258A of the Banking Act 2009. These Regulations apply to UK investment firms as if such firms were UK credit institutions, subject to the modifications set out in this Part. These Regulations apply to EEA investment firms as if such firms were EEA credit institutions, subject to the modifications set out in this Part. Paragraph (3) of regulation 11 (withdrawal of authorisation) applies to UK investment firms as if the reference in that paragraph to section 55J of the 2000 Act included a reference to any other power of the FCA or PRA under that Act to vary or cancel any permission of a body or firm. Regulation 5 (reorganisation measures and winding-up proceedings in respect of EEA credit institutions effective in the United Kingdom) applies to EEA investment firms as if, in paragraph (6), the phrase “relevant EEA State” meant the EEA State under the law of which the reorganisation is adopted or imposed, or the winding-up proceedings are opened, as the case may be. In this Part— “EEA group company” means— the head office of which is in an EEA State other than the United Kingdom and which is not otherwise subject to these Regulations; and a financial institution as defined in point (26) of Article 4(1) of the capital requirements regulation, a parent undertaking as defined in point (15)(a) of Article 4(1) of the capital requirements regulation, or any other firm within the scope of Article 1(1) of the recovery and resolution directive, “UK group company” means— the head office of which is in the United Kingdom and which is not otherwise subject to these Regulations. a financial institution as defined in point (26) of Article 4(1) of the capital requirements regulation that is authorised by the PRA or FCA, a parent undertaking as defined in Article 4(1)(15)(a) of the capital requirements regulation, or any other firm within the scope of Article 1(1) of the recovery and resolution directive, These Regulations apply to UK group companies with respect to which a stabilisation instrument has been made, as if they were UK credit institutions. These Regulations apply to EEA group companies with respect to which one or more of the resolution tools or resolution powers provided for in the recovery and resolution directive have been applied, as if they were EEA credit institutions, subject to the modifications set out in this Part. Regulation 5 (reorganisation measures and winding-up proceedings in respect of EEA group companies effective in the United Kingdom) applies to EEA group companies as if, in paragraph (6), the phrase “relevant EEA State” meant the EEA State under the law of which the reorganisation is adopted or imposed, or the winding-up proceedings are opened, as the case may be. In this Part “third country investment firm” means an investment firm as defined in point (2) of Article 4(1) of the capital requirements regulation whose head office is not in an EEA State. Part 5 of these Regulations applies to third country investment firms as if such firms were third country credit institutions (within the meaning given by regulation 36(1)(b) (interpretation of Part 5)).

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