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any of the following investments:(a) a debenture which is issued on terms requiring repayment not later than five years from the date of issue;(b) any government and public security which is issued on terms requiring repayment not later than one year or, if issued by a local authority in the United Kingdom , five years from the date of issue;(d) a certificate representing certain securities or rights to or interests in investments relating, in either case, to an investment within (a) or (b);(e) an option relating to:(i) an instrument in (a) or (b); or(ii) currency of the United Kingdom or of any other country or territory; or(iii) gold or silver;(f) a future for the sale of:(i) an instrument in (a) or (b); or(ii) currency of the United Kingdom or of any other country or territory; or(iii) gold or silver;(g) a contract for differences by reference to fluctuations in:(i) the value or price of any instrument within any of (a) to (f); or(ii) currency of the United Kingdom or of any other country or territory; or(iii) the rate of interest on loans in any such currency or any index of such rates;(h) an option to acquire or dispose of an instrument within (e), (f) or (g).
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an authorised fund dedicated to:(a) deposits; andwhether with or without securities which are transferable securities.
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a person who carries on money service business other than a firm , a BCD credit institution or a financial institution.
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any act which:(a) constitutes an offence under section 18 (Money laundering) of the Terrorism Act 2000; or(b) constitutes an offence under section 327 (Concealing etc), section 328 (Arrangements) or section 329 (Acquisition, use and possession) of the Proceeds of Crime Act 2002; or(c) constitutes an attempt, conspiracy or incitement to commit an offence specified in paragraph (b); or(d) constitutes aiding, abetting, counselling or procuring the commission of an offence specified in paragraph (b); or(e) would constitute an offence specified in paragraph (b), (c), or (d) if done in the United Kingdom.
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any form of money, including cheques and other payable orders.
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the regime established under the provisions of Part VIII of the Act (Penalties for market abuse).
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carrying on by way of business the activity of:(a) operating a bureau de change; or(b) transmitting money, or any representation of monetary value, by any means; or(c) cashing cheques which are made payable to customers.
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the market value as determined in accordance with United Kingdom generally accepted accounting practice.
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(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.
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(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 4.1.7 R (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 COB 4.1.12 R (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 4.1.14 R (Client classified as private customer).
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(in COLL and CIS) (in relation to marketing units in a regulated collective investment scheme in a particular country or territory):(a) communicating to a person in that country or territory an invitation or inducement to become, or offer to become, a holder in that authorised fund ;(b) giving advice on investments to, or arranging (bringing about) a deal in an investment for a person in that country or territory to become a holder in that authorised fund .
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the individual appointed by a relevant firm in accordance with ML 7.1 .
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controlled function CF11 in the table of controlled functions, described more fully in SUP 10.7.13 R.
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a market contract as described in section 155 of the Companies Act 1989 or article 80 of the Companies (No2) (Northern Ireland) Order 1990 which is in summary:(a) a contract entered into by a member or designated non-member of an RIE which is either:(i) a contract made on the exchange or an exchange to whose undertaking the exchange has succeeded; or(b) a contract entered into by an RIE or RCHwith one of its members for the purpose of enabling the rights and liabilities of that member under transactions in investments to be settled.
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the Money Laundering Regulations 2003 (SI 2003/3075) (see ML).
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the Council Directive of 10 June 1991 on the prevention of the use of the financial system for the purpose of money laundering (91/308/EEC) as amended by the Council Directive of 4 December 2001 (2001/97/EEC).
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(a) an investment which is traded on or under the rules of an exchange;(b) a debt instrument which may be transferred without the consent of the issuer or any other person (including a collateralised mortgage obligation);(c) a commodity;(d) a warrant, option, future or other instrument which entitles the holder to subscribe for or acquire:(ii) any currency; or(iii) any combination of (i) and (ii);(e) a contract for differences (including interest rate and currency swaps) relating to fluctuations in:(ii) any currency; or(iii) the rate of interest in any currency or any index of such rates; or(iv) the level of any index which is derived from the prices of an investment or commodity in (a) to (c); or(v) any combination of (i) to (iv);