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Schedule 2, paragraph 43(3)

After subsection (7) insert— The condition mentioned in subsection (1)(aa) is that— the service is provided in an incidental manner in the course of a professional activity for the purposes of the markets in financial instruments directive; and the professional activity concerned is the provision of professional services. In subsection (7A) a service is provided in an incidental manner in the course of a professional activity for the purposes of the markets in financial instruments directive if the applicable conditions are satisfied. The applicable conditions for the purposes of subsection (7B) are those set out in Article 4(a) to (c) of Commission Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive .

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