|
|
|
Absolute FX exposure limit
|
(in ELM) the amount by which an ELMI's
own funds exceed 2.5% of its e-money outstandings, calculated in
accordance with ELM 3.4.6R (FX exposure limits).
|
|
Accounting Reference Date
|
(1) (except in COLL and
CIS):
(a) (in relation to a company
incorporated in the United Kingdom under the Companies Acts) the
accounting reference date of that company determined in accordance
with section 224 of the Companies Act 1985;
(b) (in relation to any other
body) the last day of its financial year.
(2) (in COLL and CIS ): the date
on which the annual accounting period of an authorised fund
ends.
|
|
Accumulating
with-profits
policy
|
With-profits insurance contract which has a
readily identifiable current benefit, whether or not this benefit
is currently realisable, which is adjusted by an amount explicitly
related to the amount of any premium payment and to which additional
benefits are added in respect of participation in profits by
additions directly related to the current benefit or a policy with
similar characteristics.
|
|
Added to Loan
|
This phrase relates to the costs
borrowers face when arranging a mortgage. Often these costs are
added to the mortgage amount being borrowed hence the term. The
costs may include items such as mortgage indemnity fees and/or
arrangement fees and/or administration fees as examples.
|
|
Additional Security
Fee
|
This is required when the mortgage
exceeds a certain percentage of the value of the property (usually
75%). The form of additional security used is normally a Mortgage
Indemnity Policy. Occasionally the lender may require a parent to
be a guarantor or for other security such as shares or insurance
policies to be pledged.
|
|
Additional Voluntary Contributions
(AVCs)
|
(a) a voluntary contribution paid
by a member of an occupational pension scheme under the terms of
the scheme or of a separate contract;
(b) an additional contribution
paid by a member of an occupational pension scheme to which his
employer is not a contributor, under which additional benefits are
provided to supplement the benefits under another occupational
pension scheme of which he is also a member and to which his
employer is a contributor.
|
|
Administration Fee
|
Some lenders charge this fee to
cover their costs of administration and sourcing funds. This fee is
not refundable if the mortgage application does not proceed. The
administration fee may form part of the valuation fee and this part
will not be refunded by the lender if the valuation does not
proceed.
|
|
Advertisement
|
(in PR and LR 4) (as defined in
the PD Regulation) announcements:
(a) relating to a specific offer
to the public of securities or to an admission to trading on a
regulated market; and
(b) aiming to specifically
promote the potential subscription or acquisition of
securities.
|
|
Adviser
|
An individual who is: a
representative; or an appointed representative.
|
|
Affinity Card
|
A credit card issued by a member in
conjunction with an organization or collective group (eg, a
professional association or special interest group) that is
identified on the card. The card issuer often pays the organization
a royalty on charge transactions.
|
|
Alternative Trading System
|
A system that brings together
multiple buying and selling interests in designated investments
(other than life policies or stakeholder pension schemes or rights
to trading system or interests in life policies or stakeholder
pension schemes), in the system and according to non-discretionary
rules set by the system's operator in a way that results in a
contract but does not include:
(a) a system that is operated by
an RIE or that is regulated market or an EEA commodities market;
or
(b) a bilateral system.
|
|
Annual Accounting Period
|
(in CIS ) a period
determined in accordance with CIS 9.2.1R (Accounting
period);
(in COLL) the 12 month period
stipulated in the prospectus which ends on the accounting reference
date.
|
|
Annual Percentage Rate (APR)
|
The annual percentage rate of
charge for a contract as calculated in accordance with MCOB 10
(Annual percentage rate).
|
|
Annuities
|
Income from capital investment
paid in a series of regular payments; "his retirement fund was set
up to be paid as an annuity"
|
|
Applicant
|
(1) (in LR) an issuer which is
applying for admission of securities.
(2) (in PR) an applicant for
approval of a prospectus or supplementary prospectus relating to
transferable securities
|
|
Appointed
Actuary
|
An actuary appointed under
(Appointment of an appropriate actuary).
|
|
Appointed representative
|
A firm or individual who is a
party to a contract with an authorised person (his principal)
which permits or requires him to carry on business of a description
prescribed in the Appointed Representatives
Regulations.
|
|
Appropriate Personal
Pension
|
A personal pension policy or a
personal pension contract under which contributions are made to a
personal pension scheme which is an appropriate scheme under
section 1(8) of the Social Security Act 1986 or article 3(8) of the
Social Security (Northern Ireland) Order 1986.
|
|
Approve
|
(in relation to a financial
promotion) approve the content of the financial promotion for the
purposes of section 21 of the Act (Restrictions on financial
promotion).
|
|
Approved Person
|
Person in relation to whom the
FSA has given its approval under section 59 of the Act (Approval
for particular arrangements) for the performance of a controlled
function.
|
|
Arrangement Fee
|
Fee payable for making arrangements
regarding mortgages
|
|
Arrears
|
Payments not paid on time
|
|
Assignment
|
Where an investment or policy is
used to protect a loan. The lender has first charge
(claim) over the investment or policy whilst it is assigned
and not the owner.
|
|
Authorisation
|
Authorisation as an authorised person for the purposes of the FSMA
2000.
|
|
Authorised
Person
|
(in
accordance with section 31 of the FSMA (Authorised persons)) one of
the
following:
- a person who has a Part IV permission to
carry on one or more
- regulated activities;
- an incoming EEA firm;
- an incoming Treaty firm;
- a UCITS qualifier;
- an ICVC;
- the Society of Lloyd's.
(see also
for the position of an authorised partnership or unincorporated
association which is dissolved.)
|
|
-B-
|
|
Bearer Certificate
|
(in COLL and CIS) a certificate or other documentary evidence
of title, for which provision is made in the instrument
constituting the scheme, which indicates that:
- the holder of the document is entitled to the units specified
in it; and
- no entry will be made on the register identifying the holder of
those units.
|
|
Bid Price
|
The price at which a person could
sell a unit in a dual-priced AUT or a security.
|
|
Broker Fund
|
(in relation to a fund for which the
firm is or will be a broker fund adviser):
(a) an actual or notional fund of
a long-term insurer or overseas long-term insurer, which contains
or will contain contributions made or to be made by a client or
clients of a firm in connection with a life policy or
policies;
(b) a fund of a collective
investment scheme, which contains or will contain cash
contributions made or to be made by a client or clients of a firm
in connection with the purchase of units in the scheme.
|
|
Business Day
|
(1) (in relation to anything done
or to be done in (including to be submitted to a place in) any part
of the United Kingdom):
(a) (except in REC ) any day
which is not a Saturday or Sunday, Christmas Day, Good Friday or a
bank holiday in that part of the United Kingdom;
(b) (in REC ) (as defined in
section 167 of the Companies Act 1989) any day which is not a
Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in
any part of the United Kingdom.
(2) (in relation to anything done
or to be done by reference to a market outside the United Kingdom)
any day on which that market is normally open for business.
|
|
Business Order
|
The Financial Services and
Markets Act 2000 (Carrying on Regulated Activities
by Way of Business Order) 2001
(SI 2001/1177).
|
|
-C-
|
|
Capital Adequacy Directive
|
The Council Directive of 15 March
1993 on capital adequacy of investment firms and credit
institutions (No 93/6/EEC).
|
|
Carry Back
|
The term used for the exercise of
taking up unused pension relief from the previous tax year. It is
recommended that advice is sought if carry back is being used,
particularily where higher rates of tax are involved.
|
|
Carry Forward
|
Asset created from the value of tax
losses incurred in previous years and available to be used in
future periods to offset taxable income .
|
|
Cashback
|
(in MCOB) a cash amount paid by a
mortgage lender to a customer (typically at the beginning of a
contract) as an inducement to enter into a regulated mortgage
contract with the mortgage lender.
|
|
Cash Deposit ISA
|
A cash component of an ISA which
does not include the qualifying investments prescribed in
paragraphs 8(2)(c), (d), (e) or (f) of the ISA Regulations.
|
|
CAT Standards
|
The CAT standards for ISAs
prescribed by the Treasury on 22 December 1998.
|
|
Chinese Hedge
|
Communication barrier between
financiers at a Firm (investment bankers) and traders. This barrier
is erected to prevent the sharing of inside information that
bankers are likely to have.
|
|
Chinese Wall
|
An arrangement that requires
information held by a person in the course of carrying on one part
of its business to be withheld from, or not to be used for, persons
with or for whom it acts in the course of carrying on another part
of its business.
|
|
Churning
|
Excessive trading of a client's
account in order to increase the broker's commissions.
|
|
Clearing House
|
A clearing house through which
transactions on an exchange may be cleared.
|
|
Client
|
(1) (except in ML; in PROF; in
relation to a regulated mortgage contract) any person with or for
whom a firm conducts or intends to conduct designated investment
business or any other regulated activity; and:
(a) every client is a customer or a
market counterparty;
(b) "client" includes:
(i) a potential client;
(ii) a client of an appointed
representative of a firm with or for whom the appointed
representative acts or intends to act in the course of business for
which the firm has accepted responsibility under section 39 of the
Act (Exemption of appointed representatives);
(iii) a collective investment
scheme even if it does not have separate legal personality;
(iv) if a person ("C1"), with or
for whom the firm is conducting or intends to conduct designated
investment business, is acting as agent for another person ("C2"),
either C1 or C2 in accordance with COB 4.1.5R (Agent as
client);
(c) "client" does not include:
(i) a trust beneficiary;
(ii) a corporate finance
contact;
(iii) a venture capital
contact.
(2) (in ML ) (in relation to a
relevant firm) any person engaged in, or who has had contact with
the relevant firm with a view to engaging in, any transaction with
that relevant firm:
(a) on his own behalf; or
(b) as agent for or on behalf of
another.
(3) (in PROF ) (as defined in
section 328(8) of the Act (Directions in relation to the general
prohibition)) (in relation to members of a profession providing
financial services under Part XX of the Act (Provision of Financial
Services by Members of the Professions)):
(a) a person who uses, has used
or may be contemplating using, any of the services provided by the
member of a profession in the course of carrying on exempt
regulated activities (including, where the member of the profession
is acting in his capacity as a trustee, a person who is, has been
or may be a beneficiary of the trust); or
(b) a person who has rights or
interests which are derived from, or otherwise attributable to, the
use of any such services by other persons; or
(c) a person who has rights or
interests which may be adversely affected by the use of any such
services by persons acting on his behalf or in a fiduciary capacity
in relation to him.
(4) (in relation to a regulated
mortgage contract, except in ML and PROF) the individual or trustee
who is the borrower or potential borrower under that
contract.
|
|
Client Agreement
|
Terms of business which have been
signed by the client or to which the client has consented in
writing.
|
|
Client Money
|
(1) (in COB and CASS 2 to 4) subject
to the client money rules, money of any currency which, in the
course of carrying on designated investment business, a firm holds
in respect of any investment agreement entered into, or to be
entered into, with or for a client, or which a firm treats as
client money in accordance with the client money rules.
(2) (in CASS 5) subject to the
client money rules, money of any currency which, in the course of
carrying on insurance mediation activity, a firm holds on behalf of
a client or which a firm treats as client money in accordance with
the client money rules;
(3) (in PRU 9):
(a) in relation to an insurance
intermediary when acting as such, money which is client money in
(2);
(b) in relation to a mortgage
intermediary when acting as such, money of any currency which in
the course of carrying on mortgage mediation activity, the firm
holds on behalf of a client, either in a bank account or in the
form of cash.
|
|
Close Links
|
(1) (except in (Auditors) and
(Actuaries)) (in accordance with paragraph 3(2) of Schedule 6 to
the Act (Close links)) the relationship between a person ("A") and
another person ("CL") which exists if:
(a) CL is a parent undertaking of
A; or
(b) CL is a subsidiary
undertaking of A; or
(c) CL is a parent undertaking of
a subsidiary undertaking of A; or
(d) CL is a subsidiary
undertaking of a parent undertaking of A; or
(e) CL owns or controls 20% or
more of the voting rights or capital of A; or
(f) A owns or controls 20% or
more of the voting rights or capital of CL.
(2) (in (Auditors) and
(Actuaries)) (in accordance with section 343(8) of the Act
(Information given by auditor or actuary to the Authority: persons
with close links) the relationship in (1), disregarding (e) and
(f).
|
|
Commission
|
Any form of commission or
remuneration , including a benefit of any kind, offered or given in
connection with :
(a) designated investment business
(other than commission equivalent);
(b) insurance mediation activity in
connection with a non-investment
insurance contract; or
(c) the sale of a packaged product,
that is offered or given by the product
provider.
|
|
Complaint
|
(in COAF) any expression of
dissatisfaction about the manner in which the FSA has carried out
its statutory functions other than its legislative functions.
|
|
Compulsory Jurisdiction
|
The jurisdiction of the Financial
Ombudsman Service to which firms (and certain unauthorised persons
as a result of the Ombudsman Transitional Order or section
226(2)(b) and (c) of the Act) are compulsorily subject.
Jurisdiction
|
|
Consultation Paper
|
Publications which invite comment by a
specified period with regard to amendments to regulatory
documents.
|
|
Contract for Differences
|
The investment, specified in article
85 of the Regulated Activities Order (Contracts for differences
etc), which is rights under:
(a) a contract for differences;
or
(b) any other contract the purpose
or pretended purpose of which is to secure a profit or avoid a loss
by reference to fluctuations in:
(i) the value or price of property
of any description; or
(ii) an index or other factor
designated for that purpose in the
contract.
|
|
Country of Origin
|
In relation to an electronic
commerce activity, the EEA State in which the
establishment from which the service
in question is provided is situated.
|
|
Custody
|
(in relation to clients' assets)
safeguarding and administering investments.
|
|
Custody Rules
|
CASS 2
|
|
Custodian
|
(a) an approved bank;
(b) an approved depositary;
(c) a member of a recognised
investment exchange or designated investment exchange;
(d) a firm whose permitted
activities include safeguarding and administering
investments;
(e) a regulated clearing firm;
(f) where it is not feasible to use
a custodian in (a) to (e), and there are reasonable grounds to show
that a person outside the United Kingdom, whose business includes
the provision of custodial services, is able to provide such
services which are appropriate to the client and in the client's
best interest to use, that person.
|
|
-D-
|
|
Dealing Day
|
(in COLL and CIS ) the
period in a business day (in accordance with provisions of
the prospectus) during which the ACD or the operator is open for
business.
|
|
Debenture
|
The investment, specified in article
77 of the Regulated Activities Order (Instruments creating or
acknowledging indebtedness), which is in summary:
any of the following which are not
government and public securities:
(a) debentures;
(b) debenture stock;
(c) loan stock;
(d) bonds;
(e) certificates of deposit;
(f) any other instrument creating or
acknowledging indebtedness.
|
|
Decision Notice
|
A notice issued by the FSA in
accordance with section 388 of the Act (Decision notices).
|
|
Defined Benefit Occupational
Scheme
|
An occupational pension scheme which
is not a defined contribution ccupational pension scheme.
|
|
Defined Benefits Pension Scheme
|
A pension policy or pension contract
under which the only money-purchase benefits are benefits ancillary
to other benefits which are not money-purchase benefits
|
|
Defined Contribution Occupational
Pension Scheme
|
An occupational pension scheme into
which a firm, as employer, pays regular fixed contributions and
will have no legal or constructive obligation to pay further
contributions if the scheme does not have sufficient assets to pay
all employee benefits relating to employee service in the current
and prior periods.
|
| Delta |
The relationship between an option's price and the price
of the underlying stock or futures contract.
Also called the 'hedge ratio'. For a call
option, a delta of 0.50 means that for every $1.00 that the stock
goes up, the option price rises by $0.50. As options near
expiration, in-the-money call option contracts approach a delta of
1.0, while in-the-money put options approach a delta of -1.
|
|
Deposit-taking Firm
|
A firm which
is a bank, building society or credit union.
|
|
Depositary
|
(1) (except in LR):
(a) (in relation to an ICVC) the
person to whom is entrusted the safekeeping of all of the scheme
property of the ICVC and who has been appointed for this purpose in
accordance with regulation 5 (Safekeeping of scheme property by
depositary) of and Schedule 1 (Depositaries) to the OEIC
Regulations;
(b) (in relation to an AUT) the
trustee;
(c) (in relation to any other unit
trust scheme) the person holding the property of the scheme on
trust for the participants;
(d) (in relation to any other
collective investment scheme) any person to whom the property
subject to the scheme is entrusted for safekeeping.
(2) (in LR) a person that issues
certificates representing certain securities that
have been admitted to listing or are
the subject of an application for admission to listing.
|
|
Derivative
|
A contract for differences, a
future or an option. (see also securitised
derivative.)
|
|
Designated Investment Exchange
|
Any of the following investment
exchanges: American Stock Exchange Australian Stock Exchange
Bermuda Stock Exchange Bolsa Mexicana de Valores Bourse de
Montreal Inc Channel Islands Stock Exchange Chicago Board of Trade
Chicago Board Options Exchange Chicago Stock Exchange Coffee, Sugar
and Cocoa Exchange, Inc Euronext Amsterdam Commodities Market Hong
Kong Exchanges and Clearing Limited International Securities Market
Association Johannesburg Stock Exchange Kansas City Board of Trade
Korea Stock Exchange Mid-America Commodity Exchange Minneapolis
Grain Exchange New York Cotton Exchange New York Futures Exchange
New York Stock Exchange New Zealand Stock Exchange Osaka Securities
Exchange Pacific Exchange Philadelphia Stock Exchange Singapore
Exchange South African Futures Exchange Tokyo International
Financial Futures Exchange Tokyo Stock Exchange Toronto Stock
Exchange.
|
|
Designated Professional Body
|
A professional body designated by
the Treasury under section 326 of the Act (Designation of
professional bodies) for the purposes of Part XX of the Act
(Provision of Financial Services by Members of the Professions); as
at 21 June 2001 the following professional bodies have been
designated in the Financial Services and Markets Act 2000
(Designated Professional Bodies) Order 2001 (SI 2001/1226):
(a) The Law Society (England and
Wales);
(b) The Law Society of
Scotland;
(c) The Law Society of Northern
Ireland;
(d) The Institute of Chartered
Accountants in England and Wales;
(e) The Institute of Chartered
Accountants of Scotland;
(f) The Institute of Chartered
Accountants in Ireland;
(g) The Association of Chartered
Certified Accountants;
(h) The Institute of
Actuaries.
|
|
Direct Offer Financial Promotion
|
A financial promotion which:
(a) contains:
(i) an offer by the firm or another
person to enter into a controlled agreement with anyone who
responds to the financial promotion; or
(ii) an invitation to anyone who
responds to the financial promotion to make an offer to the firm or
another person to enter into a controlled agreement;
(b) specifies the manner of response
or includes a form in which any response is to be made (for example
by providing a tear-off slip); and
(c) is not a real time financial
promotion.
|
|
Discussion Paper
|
Publications which encourage
discussion and feedback by a specified period. Not
necessarily resulting in amendments to regulatory
documents.
|
|
Domestic ECA Provider
|
A firm which provides an electronic
commerce activity, from an establishment
which it has in the United Kingdom,
with or for a UK ECA recipient or an ECA
recipient in a non-EEA State.
|
|
Drawdown Mortgage
|
A lifetime mortgage contract
where:
(a) the amount borrowed is paid by
the mortgage lender to the customer in instalments during the life
of the mortgage; and
(b) the size and frequency of the
instalments are:
(1) agreed between the mortgage
lender and the customer; or
(2) set by reference to an index or
interest rate (such as the Bank of England repo rate).
|
|
Durable Medium
|
(a) paper; or
(b) (in accordance with article 2(f)
of the Distance Marketing Directive and article 2(12) of the
Insurance Mediation Directive) any instrument which enables the
recipient to store information in a way accessible for future
reference for a period of time adequate for the purposes of the
information and which allows the unchanged reproduction of the
information stored; this includes, in particular, floppy disks,
CD-ROMs, DVDs and the hard drive of the recipient's computer on
which electronic mail is stored, but not Internet websites unless
they fulfil the criteria in this definition.
|
|
|
|
Early Repayment Charge
|
(in MCOB) a charge levied by the
mortgage lender on the customer in the event
that the amount of the loan is
repaid in full or in part before a date specified in
the contract.
|
|
ECA Recipient
|
A person who is a user of an
electronic commerce activity.
|
|
EEA
|
The European Economic Area.
|
|
Electronic Commerce Activity
|
An activity which:
(a) consists of the provision of
an information society service from an establishment in an EEA
State; and
(b) is, or but for article 72A
(Information society services) of the Regulated Activities Order
(Information society services) (and irrespective of the effect of
article 72 of that Order (Overseas persons)) would be, a regulated
activity.
|
|
Electronic Money
|
The investment, specified in
article 74A of the Regulated Activities Order (Electronic money),
which is monetary value, as represented by a claim on the issuer,
which is:
(a) stored on an electronic
device;
(b) issued on receipt of funds;
and(c) accepted as a means of payment by persons other than the
issuer.
|
|
Eligible Claimant
|
A person who is eligible to bring
a claim for compensation under COMP 4.2.1R.
|
|
E-Money
|
Electronic money.
|
|
Energy
Collective Investment Scheme
|
A collective investment scheme,
the property of which consists only of energy, energy investments,
greenhouse gas emissions allowances, tradable renewable
energy credits or cash awaiting
investment.
|
|
Execution Only Transaction
|
A transaction executed by a firm
upon the specific instructions of a client where the firm does not
give advice on investments relating to the merits of the
transaction.
|
|
Exempt Activity
|
(in relation to a recognised
body) any regulated activity in respect of which the body is exempt
from the general prohibition as a result of section 285(2) or (3)
of the Act (Exemption for recognised investment exchanges and
clearing houses).
|
|
Exempt Person
|
(as defined in section 417(1) of
the Act (Definitions)) (in relation to a regulated
activity) a person who is exempt
from the general prohibition in respect of that activity as a
result of:
(a) the Exemption Order; or
(b) being an appointed
representative; or
(c) section 285(2) or (3) of the
Act (Exemption for recognised investment exchanges and clearing
houses).
|
|
Exempt Professional Firm
|
A person to whom, under section 327
of the Act, the general prohibition does not apply; guidance
is given in PROF 2.2 (Exempt regulated activities).
|
|
Exempt
Regulated
Activity
|
(As defined in section 325(2) of
the Act (Authority's general duty)) a regulated activity which may,
as a result of Part XX of the Act (Provision of Financial Services
by Members of the Professions), be carried on by members of a
profession which is supervised and regulated by a designated
professional body without breaching the general prohibition.
|
|
Exemption Order
|
The Financial Services and Markets
Act 2000 (Exemption) Order 2001 (SI 2001/1201).
|
|
Exercise Notice
|
(in LR) (in relation to securitised
derivatives), a document that notifies the issuer
of a holder's intention to exercise
its rights under the securitised derivative.
|
|
|
|
Final Notice
|
A notice given by the FSA
under section 390 of the Act (Final notices).
|
|
Financial Conglomerate
|
(in accordance with Article
2(14) of the Financial Groups Directive (Definitions)) a
consolidation group that is identified as a financial conglomerate
by the financial conglomerate definition decision tree.
|
|
Financial Crime
|
(in accordance with section 6(3)
of the Act) any kind of criminal conduct relating to money or to
financial services or markets, including any offence
involving:
(a) fraud or dishonesty; or
(b) misconduct in, or misuse of
information relating to, a financial market; or
(c) handling the proceeds of
crime;
in this definition, "offence"
includes an act or omission which would be an
offence if it had taken place in
the United Kingdom.
|
|
Forward Price
|
(in relation to units) a price
calculated by reference to the valuation point next following the
authorised fund manager's agreement to sell or, as the case may be,
to redeem the units in question.
|
|
Free Standing Additional Voluntary
Contribution
|
an additional voluntary
contribution to a private pension policy or pension contract
separate from but associated with an occupational pension scheme
which is an approved arrangement under section 591(2)(h) of the
Income and Corporation Taxes Act 1988.
|
|
Friendly Society
|
An incorporated friendly
society or a registered friendly society.
|
|
Front End Loaded
|
(in relation to an
investment) one where deductions for charges and expenses
are loaded disproportionately
on the early years.
|
|
-G-
|
|
Gearing
|
(in COB) a strategy, with
a view to enhancing the return for, or the value of, a
security without
increasing the amount invested by the holders of the
security,
involving one or more of
the following:
(a) borrowing money;
(b) investing in one or
more instruments, such as (but not limited to) warrants or
derivatives, for which a relatively small movement in the value or
price of the underlying rights or assets to which the instrument
relates, whether favourable or adverse, results in a larger
movement in the value or price of the instrument; and
(c) structuring the rights
of holders of a security so that a relatively small movement in the
price or value of the underlying rights or assets, whether
favourable or adverse, results in a larger movement in the price or
value of the security.
|
|
General Levy
|
(in DISP ) the annual
fee raised from a firm under the rules to fund a part agreed
between the Financial Ombudsman Service and the FSA of the
Financial Ombudsman Service's annual budget.
|
|
Global Account
|
The accounts produced
under LLD 15.10 (The Lloyd's global account).
|
| Greenshoe Option |
(As defined in Article 2
of the Buy-back and Stabilisation Regulation) an option granted by
the offeror in favour of the investment firm(s) or credit
institution(s) involved in the offer for the purpose of covering
overallotments, under the terms of which such firm(s) or
institution(s) may purchase up to a certain amount of relevant
securities at the offer price for a certain period of time after
the offer of the relevant securities.
|
|
Guarantee
|
(1) (in LR) (in relation
to securitised derivatives), either:
(a) a guarantee given in
accordance with LR 19.2.2R(3) (if any); or
(b) any other guarantee of
the issue of securitised derivatives.
(2) (in PR) (as defined in
the PD Regulation) any arrangement intended to ensure that any
obligation material to the issue will be duly serviced, whether in
the form of guarantee, surety, keep well agreement, mono-line
insurance policy or other equivalent commitment.
|
|
Guarantor
|
(in PR) a person that provides a
guarantee.
|
|
|
|
Habitual Residence
|
(a) if the policyholder is
an individual, the address given by the policyholder as his
residence if it reasonably appears to be a residential address and
there is no evidence to the contrary;
(b) if the policyholder is
not an individual or a group of individuals, the State in which the
policyholder has its place of establishment, or, if it has more
than one, its relevant place of establishment;
(c) in respect of the
variation of a life policy, or the purchase of a pension annuity
related to a life policy, unless there is evidence to the contrary,
the habitual residence of the policyholder at the date on which the
policyholder signed the proposal for the life policy.
|
|
Higher Lending Charge
|
A fee charged by a mortgage
lender (under a regulated mortgage contract) where
the amount borrowed exceeds a
given percentage of the value of the property.
|
|
Home State Regulator
|
(1) (in relation to an EEA
firm) (as defined in paragraph 9 of Schedule 3 to the Act (EEA
Passport Rights)) the competent authority (under the relevant
Single Market Directive) of an EEA State (other than the United
Kingdom) in relation to the EEA firm concerned.
(2) (in relation to a UK
firm) the FSA.
(3) (in relation to a Treaty
firm) (as defined in paragraph 1 of Schedule 4 to the Act (Treaty
Rights)) the competent authority of the firm's Home State for the
purpose of its Home State authorisation.
|
|
-I-
|
|
Illustration
|
(in MCOB) the illustration
of the costs and features of a regulated mortgage contract which is
required to be provided by MCOB 5 (Pre-application disclosure),
MCOB 6 (Disclosure at the offer stage), MCOB 7 (Disclosure at start
of contract and after sale) and MCOB 9 (Lifetime mortgages: product
disclosure).
|
|
Income Drawdown
|
A facility which allows a
delay in buying an annuity if rates should be low when retirement
age is reached. Drawdown allows putting off buying an annuity to a
maximum age of 75, giving an income directly from the pension fund
in the meantime.
|
|
Incoming ECA Provider
|
A person, other than an
exempt person or a person who has been given a waiver in accordance
with article 8(1) of the E-Money Directive, who:
(a) provides an electronic
commerce activity, from an establishment in an EEA State other than
the United Kingdom, with or for a UK ECA recipient; and
(b) is a national of an EEA
State or a company or firm mentioned in
article 48 of the
Treaty.
|
|
Incoming EEA Firm
|
(in accordance with
section 193(1)(a) of the Act (Interpretation of this Part))
an
EEA firm which is
exercising, or has exercised, its right to carry on a regulated
activity in the United Kingdom in accordance with Schedule 3 to the
Act (EEA Passport Rights).
|
|
Incoming Electronic Commerce
Activity
|
(in accordance with
regulation 2(1) of the ECD Regulations) an activity:
(a) which consists of the
provision of an information society service from an establishment
in an EEA State other than the United Kingdom to a person or
persons in the United Kingdom; and
(b) which would, but for
article 72A of the Regulated Activities Order (Information society
services) (and irrespective of the effect of article 72 of that
Order (Overseas Persons)), be a regulated activity.
|
|
Incoming Firm
|
(in accordance with
section 193(1) of the Act (Interpretation of this Part)) an
incoming EEA firm or an incoming Treaty firm.
|
|
Inside Information
|
Information held within a
firm that is not readily available to regular users of a prescribed
market. Such information could be open to market abuse.
|
|
Insider
|
A person who has access to inside information.
|
|
Insolvency Order
|
An administration order,
compulsory winding up order, bankruptcy order, or sequestration
order.
|
|
Insurance Undertaking
|
An undertaking, or
(in COMP ) a member, whether or not an insurer, which carries
on insurance business.
|
|
Intermediary
|
(in LLD ) a person
who in the course of any business or profession invites other
persons to make offers or
proposals or to take other steps with a view to entering into
contracts of insurance, but not a person who publishes such
invitations only on behalf of, or to the order of, some other
person.
|
|
Introducer
|
An individual appointed by a firm or
by an appointed representative, to carry out in the course of
designated investment business either or both of the
following
activities:
(a) effecting introductions;
(b) distributing non-real time
financial promotions.
|
|
Investment
|
(in accordance with
sections 22(4) (The classes of activity and categories of
investments) and 397(13) (Miscellaneous offences) of the Act) any
investment, including any asset, right or interest.
|
|
ISA
|
An individual savings
account.
|
|
Issue
|
(in relation to
units)
(1) (except in ENF) the
issue of new units by the trustee of an AUT or by an
ICVC;
(2) (in ENF)
(a) an issue in accordance
with (1); and
(b) the sale of
units.
|
|
Issue Price
|
(in relation to the issue
of units of a dual-priced AUT) the price for each unit payable by
the manager to the trustee on that issue.
|
|
-J-
|
|
JMLSG Guidance Notes
|
Guidance manual provided by the Joint
Money Laundering Steering Group covering the application of money
laundering requirements, including the Money Laundering Regulations
2007. |
|
Joint Enterprise
|
(as defined in article 3(1) of
the Regulated Activities Order (Interpretation)) an enterprise into
which two or more persons ("the participators") enter for
commercial purposes related to a business or businesses (other than
the business of engaging in a regulated activity) carried on by
them; where a participator is a member of a group, each other
member of the group is also to be regarded as a participator in the
enterprise.
|
|
|
|
Key Features
|
Information about a life policy,
scheme, or stakeholder pension scheme which is required to be
produced in the format specified in COB 6.1 (Packaged products
and ISA disclosure) to COB 6.5 (Content of key features and
important information: life policies, schemes, cash deposit ISAs
and stakeholder pension schemes).
|
|
Know Your Business Information
|
(in ML ) information which a
relevant firm has about:
(a) the financial circumstances of a
client or any person on whose behalf the client has been acting or
is acting; and
(b) the features of the transactions
which the relevant firm has entered into with or for the client (or
that person).
|
|
|
|
Lifetime Mortgage
|
A regulated mortgage
contract under which:
(a) entry into the
mortgage is restricted to older customers above a specified age;
and
(b) the mortgage lender
may or may not specify a mortgage term, but will not seek full
repayment of the loan (including interest, if any, outstanding)
until the occurrence of one or more of the following:
(i) the death of the
customer; or
(ii) the customer leaves
the mortgaged land to live elsewhere and has no reasonable prospect
of returning (for example by moving into residential care);
or
(iii) the customer
acquires another dwelling for use as his main residence; or
(iv) the customer sells
the mortgaged land; or
(v) the mortgage lender
exercises its legal right to take possession of the mortgaged land
under the terms of the contract.
and
(c) while the customer
continues to occupy the mortgaged land as his
main residence:
(i) no instalment
repayments of the capital and no payment of interest on the capital
(other than interest charged when all or part of the capital is
repaid voluntarily by the customer), are due or capable of becoming
due; or
(ii) although interest
payments may become due, no full or partial repayment of the
capital is due or capable of becoming due; or
(iii) although interest
payments and partial repayment of the capital may become due, no
full repayment of the capital is due or capable of becoming
due.
|
|
Limited Issue Share
|
A share of a class
the issue of which is restricted by reference to:
(a) the occasion or
occasions on which shares of that class may be issued; or
(b) the amount or value of
shares that may be issued.
|
|
Limited Liability Partnership
|
(a) a body corporate
incorporated under the Limited Liability Partnerships Act
2000;
(b) a body corporate
incorporated under legislation having the equivalent effect to the
Limited Liability Partnerships Act 2000.
|
|
Liquidity Risk
|
The risk that a firm,
although solvent, either does not have available sufficient
financial resources to
enable it to meet its obligations as they fall due, or can secure
such resources only at excessive cost.
|
|
Listed Activity
|
An activity listed in Annex 1 to the Banking Consolidation
Directive.
|
|
Long-term care Insurance
Contract
|
A long-term insurance contract
which:
(a)
(i) provides (or would at the
policyholder's option provide) benefits for the policyholder which
are payable or provided in event that the policyholder's
mental or physical health has deteriorated to the extent that he is
incapacitated so that he is unable to live independently without
assistance, and is not expected to recover to the extent that he
can live independently without assistance; and
(ii) those benefits are payable
or provided in respect of:
(A) services;
(B) accommodation; or
(C) goods;
which are necessary or desirable
for the continuing care of the policyholder because of the
incapacity referred to in (i); and
(iii) the benefits under the
contract are capable of being paid periodically for all or part of
the period during which the policyholder is unable to live
independently without assistance; or
(b) is sold or held out as
providing benefits for the policyholder as set out in
(a).
|
|
|
|
Managing Agent
|
(as defined in article
3(1) of the Regulated Activities Order) a person who is permitted
by the Council in the conduct of his business as an underwriting
agent to perform for a member one or more of the following
functions:
(a) underwriting contracts
of insurance at Lloyd's;
(b) reinsuring such
contracts in whole or in part;
(c) paying claims on such
contracts.
|
|
Market Abuse
|
(in accordance with section
118 of the Act (Market abuse)) behaviour (whether
by one person alone or by two
or more persons jointly or in concert) which:
(a) occurs in relation to
qualifying investments traded or admitted to trading on a
prescribed market or in respect of which a request for admission to
trading on such a market has been made; and
(b) falls within any one or
more of the types of behaviour set out in section 118
(2) to (8) of the Act.
|
|
Market Counterparty
|
(1) (except in ¡ COB 3) a
client who is:
(a) a properly constituted
government (including a quasi-governmental body or a government
agency) of any country or territory;
(b) a central bank or other
national monetary authority of any country or territory;
(c) a supranational whose
members are either countries or central banks or national monetary
authorities;
(d) a State investment body,
or a body charged with, or intervening in, the management of the
public debt;
(e) another firm, or an
overseas financial services institution, except in relation to
designated investment business, and related ancillary activities,
conducted with or for that firm or institution, when that firm or
institution is an intermediate customer in accordance with ¡ COB
4.1.7R (Classification of another firm or an overseas financial
services institution);
(f) any associate of a firm
(except an OPS firm), or of an overseas financial services
institution, if the firm or institution consents;
(g) a client when he is
classified as a market counterparty in accordance with i COB
4.1.12R (Large intermediate customer classified as a market
counterparty);
(h) a recognised investment
exchange, designated investment exchange, regulated market or
clearing house when it is classified as a market counterparty in
accordance with COB 4.1.8A R (Classification of an exchange or
clearing house);
but excluding:
(A) a regulated collective
investment scheme; and
(B) (except for the purposes
of DISP ) a client, who would otherwise be a market
counterparty, when he is classified as a private customer in
accordance with COB 4.1.14R (Client classified as private
customer).
(2) (in COB 3) a person
in (1) and a person who would be such a person if he were a
client.
|
|
Market Maker
|
(in relation to an
investment) a person who (otherwise than in his capacity as the
operator of a regulated collective investment scheme) holds himself
out as able and willing to enter into transactions of sale and
purchase in investments of that description at prices determined by
him generally and continuously rather than in respect of each
particular transaction.
|
|
Maxi-ISA
|
An ISA which includes a
stocks and shares component and may also include other qualifying
investments such as:
(a) a cash
component;
(b) an insurance
component;
as prescribed in
paragraphs 7, 8 and 9 respectively of the ISA Regulations.
|
|
Mini-ISA
|
An ISA which contains only one of
the following qualifying investments:
(a) a stocks and shares
component;
(b) a cash component;
(c) an insurance component;
as prescribed in paragraph 7, 8
or 9 respectively of the ISA Regulations.
|
|
Money Laundering
|
This is the process by which "dirty
money" generated by criminal activities is converted through
legitimate businesses into assets that cannot be easily traced back
to their illegal origins.
|
|
Money Laundering Reporting
Officer
|
The individual appointed by a
relevant firm that ensures compliance with the Money Laundering
Regulations 2003.
|
|
Money-Market Scheme
|
An authorised fund dedicated
to:
(a) deposits; and
(b) debentures which are not
transferable securities;
whether with or without
securities which are transferable securities.
|
|
Mutual
|
An insurer which:
(a) if it is a body corporate has
no share capital (except a wholly owned subsidiary with no share
capital but limited by guarantee); or
(b) is a registered friendly
society or incorporated friendly society; or
(c) is a society registered or
deemed to be registered under the Industrial and Provident
Societies Act 1965 or the Industrial and Provident Societies
(Northern Ireland) Act 1969.
|
|
|
|
Nominee Company
|
A body corporate whose business
consists solely of acting as a nominee holder
of investments or other
property.
|
|
Notice of Discontinuance
|
A notice given by the FSA in
accordance with section 389 of the Act (Notices of discontinuance)
which states that the FSA has decided not to take the action
proposed in a warning notice or the action to which a decision
notice relates.
|
|
Notice of Intention
|
A notice of intention to establish a
branch in an EEA State given by a UK firm under paragraph 19(2) of
Part III of Schedule 3 to the Act (Exercise of passport
rights by UK firm.
|
|
Notional Principal
|
(a) (in relation to a contract for
differences which is an index derivative):
(i) the current mark to market
valuation of a contract for differences which resembles a futures
contract; or
(ii) the exercise value of a
contract for differences which resembles an option contract;
(b) (in relation to any other
contract for differences) the notional lot size of the
contract.
|
|
|
|
Occasional Insider
|
An Occasional insider is an
individual who has occasional exposure to material inside
information regarding the company. That person can be anyone
who has occasional access to inside information by reason of his
function within the company or in the context of his professional
relationship with the company.
|
|
Occupational Pension Scheme
|
As specified in article 3(1) of the
Regulated Activities Order (Interpretation)) any scheme or
arrangement which is comprised in one or more instruments or
agreements and which has, or is capable of having, effect in
relation to one or more descriptions or categories of employment so
as to provide benefits, in the
form of pensions or otherwise,
payable on termination of service, or on death or retirement, to or
in respect of earners with a qualifying service in an employment of
any such description or category.
|
|
Offeree
|
(in MAR 1) an offeree as
defined in the Takeover Code. (3) (in LR, PR and ENF 21 ) an offer
of transferable securities to the public .
|
|
Oil Market Participant
|
A firm:
(a) whose permission:
(i) includes a requirement that the
firm must not carry on any designated investment business other
than oil market activity; and
(ii) does not include a requirement
that it comply with IPRU(INV) 5 (Investment management firms)
or 13 (Personal investment firms); and
(b) which is not an authorised
professional firm, bank, building society, credit union, friendly
society, ICVC, insurer, ISD investment firm, media firm, service
company, insurance intermediary, mortgage administrator , mortgage
intermediary, mortgage lender, incoming EEA firm (without a top-up
permission), or incoming Treaty firm (without a top-up
permission).
|
|
Open-ended Investment Company
|
(as defined in section 236 of
the Act (Open-ended investment companies)) a collective investment
scheme which satisfies both the property condition and the
investment condition:
(a) the property condition is
that the property belongs beneficially to, and is managed by or on
behalf of, a body corporate ("BC") having as its purpose the
investment of its funds with the aim of:
(i) spreading investment
risk; and
(ii) giving its members the
benefit of the results of the management of those funds by or on
behalf of that body;
(b) the investment condition
is that, in relation to BC, a reasonable investor would, if he were
to participate in the scheme:
(i) expect that he would be
able to realise, within a period appearing to him to be reasonable,
his investment in the scheme (represented, at any given time, by
the value of shares in, or securities of, BC held by him as a
participant in the scheme); and
(ii) be satisfied that his
investment would be realised on a basis calculated wholly or mainly
by reference to the value of property in respect of which the
scheme makes arrangements. (see also investment company with
variable capital.)
|
|
Open-Market Option
|
The option to apply:
(a) the proceeds of a pension policy
or pension contract; or
(b) the proceeds of a money-purchase
occupational scheme for a particular occupational scheme
member;
to purchase an annuity on the open
market from a long-term insurer.
|
|
Option
|
The investment, specified in article
83 of the Regulated Activities Order (Options),
which is an option to acquire or
dispose of:
(a) a designated investment (other
than an option); or
(b) currency of the United Kingdom
or of any other country or territory; or
(c) palladium, platinum, gold or
silver; or
(d) an option to acquire or dispose
of an option specified in (a), (b) or (c).
|
|
|
| Packaged
Product |
(a) a life policy;
(b) a unit in a regulated collective
investment scheme;
(c) an interest in an investment
trust savings scheme;
(d) a stakeholder pension
scheme;
whether or not (in the case of (a),
(b) or (c)) held within a PEP, an ISA or a CTF
and whether or not the packaged
product is also a stakeholder product.
|
|
Part IV Permission
|
(as defined in section 40(4) of the
Act (Application for permission)) a permission given by the FSA
under Part IV of the Act (Permission to carry on regulated
activities), or having effect as if so given.
|
|
Passported Activity
|
An activity carried on by an
EEA firm, or by a UK firm, under an EEA right.
|
|
Pension Annuity
|
An investment purchased with
the sums derived from the vesting (partial or full) of a
pension policy or pension contract, for the purposes of securing
the beneficiary's entitlement to immediate or future
benefits.
|
|
Permanent Insider
|
A Permanent Insider is an
individual who is seen to have ongoing exposure to material
insider information regarding the company. The
individual can be a company director, executive officer or
staff member who has regular access to inside information by reason
of his functions within the company or in the context of his
professional relationship with the company.
|
|
Permission
|
Permission to carry on regulated
activities; that is, any of the following:
(a) a Part IV permission;
(b) the permission that an incoming
EEA firm has, under paragraph 15(1) of Schedule 3 to the Act (EEA
Passport Rights), on qualifying for authorisation under paragraph
12 of that Schedule;
(c) the permission that an incoming
Treaty firm has, under paragraph 4(1) of Schedule 4 to the Act
(Treaty Rights), on qualifying for authorisation under paragraph 2
of that Schedule;
(d) the permission that a UCITS
qualifier has, under paragraph 2(1) of Schedule 5 to the Act
(Persons concerned in Collective Investment Schemes);
(e) the permission that an ICVC has,
under paragraph 2(2) of Schedule 5 to the Act (Persons concerned in
Collective Investment Schemes);
(f) the permission that the Society
of Lloyd}s has, under section 315(2) of the Act (The Society:
authorisation and permission), which is to be treated as a Part IV
permission for the purposes of Part IV of the Act (Permission to
carry on regulated activities) in accordance with section 315(3) of
the Act.
|
|
Permitted
Activity
|
(1) (except in AUTH 5 and SUP 14) a
regulated activity which a firm has permission to carry on.
(2) (in AUTH 5 and SUP 14) an
activity identified in a consent notice, a regulator's notice or,
where none is required, a notice of intention.
|
|
Personal Equity Plan
|
A scheme of investment satisfying
the conditions prescribed in regulations made by the Treasury under
section 333 of the Income and Corporation Taxes Act 1988 (the
Personal Equity Plan Regulations 1989).
|
|
Placing
|
(in LR) a marketing of
securities already in issue but not listed or not yet in issue, to
specified persons or clients of the sponsor or any securities house
assisting in the placing, which does not involve an offer to the
public or to existing holders of the issuer's securities
generally.
|
|
Policy Statement
|
A statement that provides
feedback to consultation papers and amends regulatory
policy
|
|
Prescribed Market
|
A market which has been
prescribed by the Treasury in the Prescribed Markets and Qualifying
Investments Order market.
|
|
Principal
|
(1) in relation to a person:
(a) a person acting on his own
account;
(b) (if the person is an appointed
representative) the authorised person who is party to a contract
with the appointed representative resulting in him being exempt
under section 39 of the Act (Exemption of appointed
representatives).
(2) in relation to an option, future
or forward contract:
(a) (except in the case of an option
on a future) the amount of property or the value of the property
which must be delivered in order to satisfy settlement of the
option, future or forward contract;
(b) (in relation to an option on a
future) the amount of property or the value of the property
which must be delivered in order to satisfy settlement of the
future.
|
|
-Q-
|
|
Qualified Investor
|
(in PR) (as defined in section 86(7)
of the Act):
(a) any entity within the meaning of
Article 2(1)(e)(i), (ii) or (iii) of the prospectus directive;
or
(b) an investor registered on the
register maintained by the competent authority under section 87R of
the Act; or
(c) an investor authorised by an EEA
State other than the United Kingdom to be considered as a qualified
investor for the purposes of the prospectus directive.
|
|
Qualifying Investment
|
An investment which has been
prescribed by the Treasury in the Prescribed Markets and Qualifying
Investments Order
|
|
Quasi-Directive Contract
|
A contract or asset
having the effect of a derivative contract.
|
|
-R-
|
|
Readily Realisable Investment
|
(a) a packaged product;
(b) a readily realisable
security.
|
|
Recognised Body
|
An Recognised Investment
Exchange or a Recognised Clearing House.
|
|
Regular User
|
(as defined in section 130A(3) of
the Act (Market abuse)) a person who is, in relation to
a particular market, a reasonable
person who regularly deals on that market in investments of the
kind in question.
|
|
Regulated
Activity
|
A regulated activity as defined by the
FSMA 2000.
|
|
Regulatory Body
|
Any authority, body or person having,
or who has had, responsibility for the supervision or
regulation of any regulated activities or other financial services,
whether in the United Kingdom or overseas.
|
|
Regulatory Function
|
(as defined in section 291 of the
Act (Liability in relation to recognised body's regulatory
functions)) any function of a
recognised body so far as relating to, or to matters arising out
of, the obligations to which the body is subject under or by virtue
of the Act.
|
|
Remuneration
|
Any form of remuneration, including
benefits of any kind.
|
|
Repo
|
(a) an agreement between a seller
and buyer for the sale of securities, under which the seller agrees
to repurchase the securities, or equivalent securities, at an
agreed date and, usually, at a stated price;
(b) an agreement between a buyer and
seller for the purchase of securities, under which the buyer agrees
to resell the securities, or equivalent securities, at an agreed
date and, usually, at a stated price.
|
|
Required
Function
|
Any of controlled functions 8 to 12
in the table of controlled functions as defined by the FSA.
|
|
Rights Issue
|
(in LR) an offer to existing
security holders to subscribe or purchase further securities in
proportion to their holdings made by means of the issue of a
renounceable letter (or other negotiable document) which may be
traded (as "nil paid" rights) for a period before payment for the
securities is due.
|
|
-S-
|
|
Schedule
|
(in Part 6 rules) (as defined
in the PD Regulation) a list of minimum information requirements
adapted to the particular nature of the different types of
issuers
and/or the different
securities involved.
|
|
Securitised Derivative
|
An option or contract for
differences which, in either case, is listed under LR 19 of the
listing rules (including such an option or contract for
differenceswhich is also a debenture). (see also ¡ COB 5.4.3A G for
the treatment of a securitised derivative.)
|
|
Senior Manager
|
An individual other than a
director:
(a) who is employed by:
(i) a firm; or
(ii) a body corporate within
a group of which the firm is a member;
(b) to whom the governing
body of the firm, or a member of the governing body of the firm,
has given responsibility, either alone or jointly with others, for
management and supervision;
(c) who, if the individual is
employed by the firm, reports directly to:
(i) the governing body;
or
(ii) a member of the
governing body; or
(iii) the chief executive;
or
(iv) the head of a
significant business unit; and
(d) who, if the individual is
employed by a body corporate within the group, reports directly to
a person who is the equivalent of a body or person referred to in
(c).
|
|
Significant Influence Function
|
Any of the controlled
functions 1 to 20 in the table of controlled functions.
|
|
Simplified Prospectus
|
(in relation to a
simplified prospectus scheme) a marketing document containing
information about the
scheme and complying with the requirements in COB 6.2.26R
(Production and publication of simplified prospectus) and COB
6.2.37R
(Table: Contents of the
simplified prospectus).
|
|
Skilled Person
|
A person appointed to make a
report required by section 166 of the Act (Reports by skilled
persons) for provision to the FSA and who must be a person:
(a) nominated or approved by the
FSA; and
(b) appearing to the FSA to have
the skills necessary to make a report on the matter
concerned.
|
|
Solicted Real
Time Promotion
|
(in accordance with article 8 of the
Financial Promotion Order) (as more fully described in ¡ COB
3.10.1R (Meaning of "solicited" and "unsolicited" time financial
promotion real time financial promotion) and AUTH App 1.10 (Types
of financial promotion))) a real time financial promotion which is
solicited, that is, it is made in the course of a personal visit,
telephone call or other interactive dialogue if that call, visit or
dialogue:
(a) was initiated by the recipient
of the financial promotion; or
(b) takes place in response to an
express request from the recipient of the financial
promotion.
|
|
Specified Investment
|
Any of the following
investments specified in Part III of the Regulated Activities
Order (Specified
Investments):
(a) deposit (article
74);
(aa) electronic money
(article 74A);
(b) contract of insurance
(article 75); for the purposes of the permission regime, this is
sub-divided into:
(i) general insurance
contract;
(ii) long-term insurance
contract;
and then further sub-divided
into classes of contract of insurance;
(c) share (article 76);
(d) debenture (article
77);
(e) government and public
security (article 78);
(f) warrant (article
79);
(g) certificate representing
certain securities (article 80);
(h) unit (article 81);
(i) stakeholder pension
scheme (article 82);
(j) option (article 83); for
the purposes of the permission regime, this is sub-divided
into:
(i) option (excluding a
commodity option and an option on a commodity future);
(ii) commodity option and an
option on a commodity future;
(k) future (article 84); for
the purposes of the permission regime, this is sub-divided
into:
(i) future (excluding a
commodity future and a rolling spot forex contract);
(ii) commodity future;
(iii) rolling spot forex
contract;
(l) contract for differences
(article 85); for the purposes of the permission regime, this is
sub-divided into:
(i) contract for differences
(excluding a spread bet and a rolling spot forex contract);
(ii) spread bet;
(iii) rolling spot forex
contract;
(m) underwriting capacity of
a Lloyd's syndicate (article 86(1));
(n) membership of a Lloyd's
syndicate (article 86(2));
(o) funeral plan contract
(article 87);
(oa) regulated mortgage
contract (article 61(3);
(p) rights to or interests in
investments (article 89).
|
|
Statutory Notice
|
A warning notice, decision
notice or supervisory notice.
|
|
Step-Up
|
(1) (in relation to a tier
one instrument) has the meaning set out in PRU 2.2.74R;
and (2) (in relation to a
tier two instrument) has the meaning set out in PRU
2.2.118R.
|
|
Supervisory Notice
|
(as defined in section
395(13) of the Act (The Authority's procedures)) a notice
given by the FSA in
accordance with section 53(4), (7) or (8)(b); 78(2) or (5); 197(3),
(6) or (7)(b); 259(3), (8) or (9)(b); 268(3), (7)(a) or (9)(a) (as
a result of subsection (8)(b)); 282(3), (6) or (7)(b); or 321(2) or
(5).
|
|
Surrender Value
|
(a) where the contract is a contract
of life assurance or a contract for an annuity, the amount (
including a nil amount) payable by the firm or other body issuing
the contract on surrender of the policy;
(b) where the contract is a pension
contract, the amount payable on the transfer of the investor's
accrued rights under that contract to another pension
contract;
(c) where the contract is a Holloway
sickness policy, the amount payable by the firm on surrender on or
before the projection date for the policy;
(d) where the contract is for any
other matter, the amount payable by the firm on the surrender of
the policy.
|
|
-T-
|
|
Takeover Bid
|
An offer, as the term is used in the
Takeover Code, or any other similar conduct
governed by that code.
|
|
Takeover Panel
|
The Panel on Takeovers and
Mergers.
|
|
Terms of
Business
|
A statement in a durable medium of
the terms and conditions on which a firm will conduct designated
investment business with or for a client or retail customer.
|
|
Threshold Condition
|
(in relation to a regulated
activity) any of the conditions set out in or under Schedule 6 to
the Act (Threshold conditions), including the additional conditions
in the Financial Services and Markets Act 2000 (Variation of
Threshold Conditions) Order 2001 (SI 2001/2507) (see COND).
|
|
Tontines
|
(in relation to a class of contract
of insurance) tontines as specified in paragraph V of Part II of
Schedule 1 to the Regulated Activities Order (Contracts of
long-term insurance).
|
|
Trustee
|
(in accordance with section 237(2)
of the Act (Other definitions)) (in relation to
a unit trust scheme) the person
holding the property in question on trust for the
participants.
|
|
|
| Umbrella
Scheme |
(in CIS ) an authorised fund
that is an umbrella except in CIS 2.1 and CIS 5A where
such a reference is to a scheme authorised as the type of scheme
under
CIS 21.1.4R(10) (Types of authorised
fund).
|
|
Underwriting Agent
|
A firm permitted by the Council to
act as an underwriting agent at Lloyd's.
|
|
Unit Trust Scheme
|
(as defined in section 237(1) of the
Act (Other definitions)) a collective investment scheme under which
the property in question is held on trust for the
participants.
|
|
Unitisation
|
Arrangements for a newly formed
dual-priced AUT under which:
(a) the whole or part of the
property of a body corporate (or a collective investment scheme)
becomes the first property to be held on the trusts of the AUT;
and
(b) the holders of shares (or units)
in the body corporate (or collective investment scheme) being wound
up or property of which is being transferred become the first
participants in the AUT.
|
| Unregulated
Activity |
An activity which is not a regulated
activity.
|
|
|
|
Valuation Point
|
(in COLL and CIS) a valuation
point fixed by the authorised fund manager for the purpose of COLL
6.3.4R (Valuation points), COLL 8.5.9R (Valuation, pricing and
dealings), CIS 4.8.5R (Regular valuation points), CIS 4.8.6R
(Additional valuation points) or CIS 15.8.3(1) or (2)R (Frequency
of valuation).
|
|
Venture Capital Business
|
The business of carrying on any
of:
(a) investing in, advising on
investments which are, managing investments which are, arranging
(bringing about) transactions in, or making arrangements with a
view to transactions in, venture capital investments;
(b) advising on investments or
managing investments in relation to portfolios, or establishing,
operating or winding up collective investment schemes, where the
portfolios or collective investment schemes (apart from funds
awaiting investment) invest only in venture capital
investments;
(c) any custody activities provided
in connection with the activities in
(a) and (b);
(d) any related ancillary
activities.
|
|
VJ Participant
|
A person subject to the Voluntary
Jurisdiction by contract.
|
|
Voluntary Jurisdiction
|
The jurisdiction of the Financial
Ombudsman Service in which persons (whether authorised or
unauthorised) participate by contract.
|
|
|
|
Warning Notice
|
A notice issued by the FSA in
accordance with section 387 of the Act (Warning
notices).
|
|
Warrant
|
(1) (except in CIS ) the
investment, specified in article 79 of the Regulated Activities
Order (Instruments giving entitlements to investments), which is in
summary: a warrant or other instrument entitling the holder to
subscribe for a share, debenture or government and public
security.
(2) (in CIS ) an investment in
(1) and any other transferable security (not being a nil paid or
partly paid security) which is:
(i) listed on an eligible securities
market; and
(ii) akin to an investment within
(1) in that it involves a down payment by the then holder and a
right later to surrender the instrument and to pay more money in
return for a further transferable security.
|
|
Whole Life Insurance
|
The business of effecting or
carrying out with-profits insurance contracts.
|
|
With-Profits Fund
|
(1) for the purposes of COB:
(a) a long-term insurance fund (or
that part of such a fund) in which policyholders are eligible to
participate in any established surplus; and
(b) where it is an insurer's usual
practice to restrict policyholders' participation in any
established surplus to that arising from only a part of the fund
(or part fund) falling within (a), that part (or that part of the
part fund).
(2) for the purposes of PRU, a
long-term insurance fund in which policyholders are eligible to
participate in any established surplus.
|
|
With-Profits Policy
|
A contract falling within a
class of long-term insurance business which is eligible
to participate in any part of
any established surplus.
|
|
Zero Weighted Asset
|
(in ELM ) an investment
falling into ELM 3.3.8R (Liquid assets).
|
|
Zillmerising
|
The method known by that name for
modifying the net premium reserve method
of valuing a long-term insurance
contract by increasing the part of the future premiums for which
credit is taken so as to allow for initial expenses.
|