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Template:Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Article 5: Difference between revisions
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Template:Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Article 5 (view source)
Revision as of 13:19, 20 July 2023
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|+ Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Article 5 | |+ [[Financial Services and Markets Act 2000 (Regulated Activities) Order 2001]] Article 5 | ||
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! Actual Text of the [[RAO]] (as of 7/23) !! JC’s {{nutshell}} version | |||
{{aligntop}} | |||
| '''Accepting deposits'''<br> | | '''Accepting deposits'''<br> | ||
5.— (1) Accepting deposits is a specified kind of activity if— <br> | 5.— (1) Accepting deposits is a specified kind of activity if— <br> | ||
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:(a) it is paid by way of advance or part payment under a contract for the sale, hire or other provision of property or services, and is repayable only in the event that the property or services is or are not in fact sold, hired or otherwise provided; | :(a) it is paid by way of advance or part payment under a contract for the sale, hire or other provision of property or services, and is repayable only in the event that the property or services is or are not in fact sold, hired or otherwise provided; | ||
:(b) it is paid by way of security for the performance of a contract or by way of security in respect of loss which may result from the non-performance of a contract; or | :(b) it is paid by way of security for the performance of a contract or by way of security in respect of loss which may result from the non-performance of a contract; or | ||
:(c) without prejudice to sub-paragraph (b), it is paid by way of security for the delivery up or return of any property, whether in a particular state of repair or otherwise.|| | :(c) without prejudice to sub-paragraph (b), it is paid by way of security for the delivery up or return of any property, whether in a particular state of repair or otherwise. | ||
||'''Accepting deposits'''<br> | |||
5(1) '''Regulated Activity''': Accepting deposits is a regulated if— <br> | |||
:(a) '''Onlending''': The acceptor on-lends the deposit; or | |||
:(b) '''Financing''': The deposit materially finances the acceptor’s business. | |||
5(2) '''Meaning of “deposit”''': A “deposit” is a payment, not excluded by any of articles 6 to 9A<ref>Note, importantly, Article 9 of the [[RAO]], whcih excludes debt securities with a term of longer than 12 monts.</ref> which: | |||
:(a) '''Must be repaid''': Must be repaid on demand or at an agreed time or in agreed circumstances; and <br> | |||
:(b) '''Payment is not in return for goods and services or as security''': Is not for goods or services or as security for any obligation of the acceptor. | |||
5(3) '''Meaning of “in return for goods and services or as security”''': a payment in return for goods and services or as security means one made: | |||
:(a) '''Sale rental or supply contract''': Under a contract for the sale, hire or supply of goods or services, where it would only be repayable if the goods or services were not provided; or | |||
:(b) '''Performance security''': As security for the performance of or loss under a contract; or | |||
:(c) '''Property security''': As security for the delivery or return of any property. | |||
|} | |} | ||