Shearman & Sterling LLP | FinReg | UK Financial Conduct Authority Launches Survey for EEA Firms Operating in the UK Under Single Market Passports
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  • UK Financial Conduct Authority Launches Survey for EEA Firms Operating in the UK Under Single Market Passports

    03/09/2018
    The U.K. Financial Conduct Authority has launched a short online survey seeking information from European Economic Area firms currently operating in the U.K. under a passport. The information obtained will identify those firms for which a “temporary permission” may be relevant following the U.K.’s withdrawal from the European Union. The possibility of a “temporary permission regime” was raised by HM Treasury in December 2017 as a means by which firms previously operating under a passport would be able to enter into new business and fulfil existing contracts with U.K. customers for a period of time after exit day, while seeking full authorization in the U.K.. HM Treasury has not yet prepared legislation relating to the temporary permissions regime, and EU-U.K. negotiations are in any event ongoing, however the FCA believes that it is likely that firms operating under a passport would need to inform it of their intention to operate under the temporary regime via a straightforward notification process in advance of the U.K.’s withdrawal.

    The survey should be completed by any firm that passports into the UK (either via a branch or on a cross-border services basis) or that markets funds in the U.K. Dual-regulated firms will need to follow the regime set out by the Prudential Regulation Authority. The FCA seeks responses to the survey by May 11, 2018.

    View the FCA survey.

    View details of U.K. Government's and regulators' approaches for Brexit.