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Contents

Official guidance
Banking Manual

BKM302000 · Bank loss restriction: definition of banking company

  • BKM302100 · Introduction
  • BKM302200 · The conditions
  • BKM302250 · Residence condition
  • BKM302300 · Financial sector condition
  • BKM302350 · Deposit taker condition
  • BKM302400 · The investment banking condition
  • BKM302425 · Definition of banking company: an FCA investment firm that meets the conditions in CTA10/S269B(6B)
  • BKM302450 · Relevant regulated activities
  • BKM302500 · Excluded entity
  • BKM302550 · Excluded entities - insurance
  • BKM302600 · Excluded entities: asset management including pension schemes and investment trusts
  • BKM302650 · Excluded entities - asset management activities
  • BKM302700 · Excluded entities – commodities and emission allowance dealers
  • BKM302750 · Excluded entities – spread betting
  • BKM302775 · Excluded entities - other companies
  • BKM302800 · Excluded entities - companies carrying on a second line of business
  • BKM302900 · Bank loss restriction: definition of a group for purpose of bank loss restriction
  • BKM302850 · Excluded entities - companies carrying on a second line of business - example
  1. Bank loss restriction: definition of banking company: contents
  2. Bank loss restriction: definition of banking company: financial sector condition

BKM302300 | Bank loss restriction: definition of banking company: financial sector condition

From HM Revenue & Customs · Banking Manual

CTA10/S269B(3)

The financial sector condition captures a company, branch or partnership that has UK regulatory permission to undertake regulated activities in the UK. This includes entities that are not commonly referred to as ‘banks’, but which provide other financial services.

The financial sector condition is met when the company or partnership is an authorised person under FSMA00/S31.

  • a company that has permission to undertake regulated activities in the UK

  • anyone else that is authorised under the Act, including for example under the Temporary Permissions Regime or the Financial Services Contracts Regime.

The Temporary Permissions Regime enables relevant EEA firms and funds that were passporting into the UK when the transition period ended to continue operating temporarily in the UK now that the passporting regime has fallen away.

The Financial Services Contracts Regime enables EEA firms that previously passported into the UK and that did not enter the temporary permissions regime to wind down their UK business in an orderly fashion.

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