1

Application and Definitions

1.1

Unless stated otherwise, this Part applies to every firm.

1.2

In this Part, the following definitions shall apply:

consumer

has the meaning given in the FCA Handbook for the purposes of the FCA’s rule in GEN 4.4.1(1)(a)(i).

customer

has the meaning given in the FCA Handbook for the purposes of the FCA’s rules in GEN 4.4.1R(1)(a)(ii) and GEN 4.5.1R(1).

eligible counterparty

has the meaning given in the FCA Handbook for the purposes other than for the purposes of the part of the FCA Handbook in High Level Standards that has the title Principles for Businesses.

equivalent business of a third country investment firm

the business of a third country investment firm carried on from an establishment in the UK that would be MiFID business if that firm were a MiFID investment firm.

financial penalty

means a financial penalty that the PRA has imposed, or may impose, under FSMA. It does not include a financial penalty imposed by any other body.

GEN

means the part of the FCA Handbook in High Level Standards which has the title General Provisions.

habitual residence

    1. (1) 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; or
    2. (2) 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.

home finance transaction

has the meaning given in the FCA Handbook.

incoming ECA provider

has the meaning given in the FCA Handbook.

MiFID or equivalent third country business

MiFID business or the equivalent business of a third country investment firm.

MTF

has the meaning given in the FCA Handbook.

non-investment insurance contract

has the meaning given in the FCA Handbook.

professional client

has the meaning given in the FCA Handbook.

regulated market

has the meaning given in the FCA Handbook.

retail client

means a client who is neither a professional client or an eligible counterparty.

State of the risk

means references to the EEA State in which a risk is situated in accordance with paragraphs 6(3) and 6(4) of Schedule 12 to FSMA.

UK domestic firm

means a firm that has its registered office (or, if it has no registered office, its head office) in the UK.