The temporary permissions regime will allow EEA firms and funds to continue regulated business in the UK, if the UK leaves the EU in March 2019 without an implementation period in place. This consultation paper sets out how we expect the regime to work in practice, how firms and funds can enter it, how long it will operate for, and the rules we propose should apply to firms and fund marketing activities during the regime.
We are planning for a variety of outcomes to the Brexit negotiations. One of these outcomes is the UK leaving the EU on 29 March 2019 without an implementation period. If this happens, the passporting regime will no longer be in place and EEA-based firms might experience an abrupt loss of permission and may need to seek authorisation in the UK to continue to carry on a regulated activity in the UK. Similarly, EEA-domiciled investment funds would need to seek recognition in the UK to continue to be marketed here. To address this, the Government has legislated for a temporary permissions regime to allow relevant EEA firms and investment funds to continue to access the UK market while seeking full authorisation or recognition in the UK.
This paper sets out:
We have tried to balance several factors in putting together our proposals including consumer protection, designing a regime that is proportionate and that firms and fund managers can reasonably comply with from exit day which will therefore minimise disruption for consumers and other market participants.
These proposals will be of interest to:
Who else might be interested in this document:
We want firms and fund managers who may want to enter the temporary permissions regime to give us feedback on our proposals.
The consultation period is eight weeks. Please send us your comments by 7 December 2018.
You can also:
Firms and fund managers should also take these steps now to prepare to enter the regime:
We will publish our feedback and the final text of the proposed rules in early 2019, before exit day.