Voglio sapere a riguardo di…

jbell on DSKJLSW7X2PROD with NOTICES2

Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices 2.2.32R through 2.2.35R and FCA
BIPRU 12.3.4R, 12.3.5R, 12.3.7R, 12.3.8R, 12.3.22AR, 12.3.22BR, 12.3.27R, 12.4.2R, 12.4.1R, 12.4.5AR, 12.4.10R, and 12.4.11R or PRA
Internal Capital Adequacy Assessment Rules 4.1 through 4.4, 5.1, 6.1, 7.1, 7.2, 8.1 through 8.5, 9.1, 10.1, 10.2 and 11.1
through 11.3 and PRA Internal Liquidity Adequacy Assessment Rules 3.1, 3.2, 3.3, 4.1, 7.2, 8.1, 9.2, 11.1, 11.2, 11.4, 12.1, 12.3, and 12.4;
iv FCA PRIN 2.1.1R3;
v FCA SYSC 4.1.1R1, 4.1.2R, 4.3A.1R, 4.3A.2R, 4.3A.3R, 4.3A.4R, 7.1.4R, 7.1.17R, 7.1.18R, 7.1.18BR, 7.1.19R, 7.1.20R, 7.1.21R, 7.1.22R, 9.1.1AR, 10.1.3R, 10.1.7R, 10.1.8R, 10A.1.6R, 10A.1.8R, 10A.1.11R, and 24.2.6R8 and, if the Covered Entity is a UK bank or UK designated investment firm, also PRA Allocation of Responsibilities Rule 4.116; PRA
General Organisational Requirements Rules 2.1, 2.2, and 5.1 through 5.3; PRA
Record Keeping Rule 2.1; PRA Risk Control Rules 2.3, 2.7, and 3.1 through 3.5; and PRA Senior Management Functions Rule 8.2;
vi Either FCA SYSC 19A.2.1R, 19A.3.1R1, 19A.3.3R, 19A.3.7R
through 19A.3.11R, 19A.3.13R, 19A.3.14R, 19A.3.16R, 19A.3.18R, 19A.3.22R, 19A.3.25R, 19A.3.27R, 19A.3.29R, 19A.3.30R, 19A.3.32R, 19A.3.35R, 19A.3.35AR, 19A.3.36R, 19A.3.38R, 19A.3.40R, 19A.3.40AR, 19A.3.44R through 19A.3.44DR, 19A.3.45R, 19A.3.47R, 19A.3.49R, 19A.3.51R, 19A.3.51AR, and 19A.3.52E
or FCA SYSC 19D.2.1R, 19D.3.1R, 19D.3.3R, 19D.3.7R through 19D.3.12R, 19D.3.15R, 19D.3.17R, 19D.3.19R, 19D.3.23R, 19D.3.25R, 19D.3.27R, 19D.3.29R, 19D.3.31R, 19D.3.32R, 19D.3.34R, 19D.3.35R through 19D.3.39R, 19D.3.42R through 19D.3.45R, 19D.3.48R through 19D.3.52R, 19D.3.54R, 19D.3.56R, 19D.3.59R, 19D.3.61R, 19D.3.62R, 19D.3.63E, and 19D.3.64R and PRA
Remuneration Rules 3.1, 4.2, 5.1, 5.3, 6.2, 6.3, 6.4, 7.2, through 7.4, 8.1, 8.2, 9.1, 11.1, 11.6, 12.1, 13.1, 14.1, and 15.2
through 15.23;
vii Either FSMA schedule 6 part 2D
and FCA COND 2.4.1A or FSMA
schedule 6 parts 3C and 5D, FCA COND
2.4.1C, and PRA Fundamental Rules 3
through 6;
viii UK CRR articles 286 through 288
and 293;
ix UK EMIR Margin RTS article 2;
and x UK MiFID Org Reg articles 21
through 37 and 72 through 76 and Annex IV.
4 Additional condition to paragraph d1. Paragraph d1 further is
VerDate Sep<11>2014

20:04 Aug 05, 2021

Jkt 253001

conditioned on the requirement that the Covered Entity complies with the provisions specified in paragraph d3
as if those provisions also require compliance with:
i Applicable requirements under the Exchange Act; and ii The other applicable conditions of this Order in connection with requirements for which the Covered Entity is relying on this Order.
e Substituted Compliance in Connection With Counterparty Protection Requirements.
This Order extends to the following provisions related to counterparty protection:
1 Disclosure of information regarding material risks and characteristics. The requirements of Exchange Act rule 15Fh3b relating to disclosure of material risks and characteristics of one or more securitybased swaps subject thereto, provided that the Covered Entity, in relation to that security-based swap, is subject to and complies with the requirements of:
i FCA COBS 2.2A.2R excluding paragraph 1c thereof, 6.1ZA.11R, 6.1ZA.12R, 6.2B.33R, 9A.3.6R, and 14.3A.3R; and ii Either UK MiFID Org Reg articles 48 through 50 or FCA COBS
6.1ZA.9UK, 6.1ZA.14UK, and 14.3A.5UK.
2 Disclosure of information regarding material incentives or conflicts of interest. The requirements of Exchange Act rule 15Fh3b relating to disclosure of material incentives or conflicts of interest that a Covered Entity may have in connection with one or more security-based swaps subject thereto, provided that the Covered Entity, in relation to that security-based swap, is subject to and complies with the requirements of either:
i FCA SYSC 10.1.8R and UK MiFID
Org Reg articles 33 to 35;
ii FCA COBS 2.3A.5R, 2.3A.6R, 2.3A.7E, and 2.3A.10R through 2.3A.14R; or iii UK MAR article 201 and UK
MAR Investment Recommendations Regulation articles 5 and 6.
3 Know your counterparty. The requirements of Exchange Act rule 15Fh3e, as applied to one or more security-based swap counterparties subject thereto, provided that the Covered Entity, in relation to the relevant security-based swap counterparty, is subject to and complies with the requirements of:
i FCA SYSC 6.1.1R;
ii UK MiFID Org Reg articles 21, 22, 25, and 26 and applicable parts of Annex I;

PO 00000

Frm 00057

Fmt 4701

Sfmt 4703

43373

iii FCA SYSC 4.1.1R1;
iv Either FCA IFPRU 2.2.7R2 and 2.2.32R or PRA General Organisational Requirement 2.1 and PRA Internal Capital Adequacy Assessment Rule 10.1;
v MLR 2017 Regulations 27 and 28;
and vi MLR 2017 Regulations 191
through 3, as applied to policies, controls, and procedures regarding customer due diligence.
4 Suitability. The requirements of Exchange Act rule 15Fh3f, as applied to one or more recommendations of a security-based swap or trading strategy involving a security-based swap subject thereto, provided that:
i The Covered Entity, in relation to the relevant recommendation, is subject to and complies with the requirements of:
A FCA COBS 4.2.1R, 9A.2.1R, and 9A.2.16R;
B FCA PROD 3.2.1R and 3.3.1R;
C FCA SYSC 5.1.5AAR and 5.1.5ABR; and D UK MiFID Org Reg articles 211b and d, 54, and 55; and ii The counterparty to which the Covered Entity makes the recommendation is a professional client mentioned in FCA COBS 3.5.2R
and is not a special entity as defined in Exchange Act section 15Fh2C
and Exchange Act rule 15Fh2d.
5 Fair and balanced communications. The requirements of Exchange Act rule 15Fh3g, as applied to one or more communications subject thereto, provided that the Covered Entity, in relation to the relevant communication, is subject to and complies with the requirements of:
i Either FCA COBS 2.1.1R and FCA
COBS 4.2.1R or FCA COBS 2.1.1AR
and FCA COBS 4.2.1R;
ii FCA COBS 2.2A.2R excluding paragraph 1c thereof, 2.2A.3R, 6.1ZA.11R, 6.1ZA.12R, 6.1ZA.13R, 6.2B.33R, 6.2B.34R, 9A.3.6R, and 14.3A.3R;
iii Either UK MiFID Org Reg articles 46 through 48 or FCA COBS
4.5A.9UK, 4.7.1AUK, 6.1ZA.5UK, 6.1ZA.8UK, 6.1ZA.17UK, 6.1ZA.19UK, 6.1ZA.20UK, 8A.1.5UK to 8A.1.7UK, 14.3A.5UK, 14.3A.7UK, and 14.3A.9UK;
iv UK MAR Investment Recommendations Regulation articles 3
and 4; and v UK MAR articles 121c, 15, and 201.
6 Daily mark disclosure. The requirements of Exchange Act rule 15Fh3c, as applied to one or more security-based swaps subject thereto, provided that the Covered Entity is
E:FRFM06AUN2.SGM

06AUN2