The FCA and the Prudential Regulation Authority issued Directions detailing how an EEA firm currently passporting into the U.K. should notify each of the regulators of the firm's intention to benefit from the Temporary Permissions Regime in the event of a "no deal" Brexit. The Direction was made under the EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (made on November 6, 2018). The Regulations provide for a Temporary Permissions Regime for firms that are currently authorized to carry on a regulated activity in the U.K. under an EEA passporting right that have either applied for U.K. authorization prior to the U.K. withdrawal date or have notified the relevant U.K. regulator of their intention to continue carrying on passported activities. Temporary permissions would deem firms within the regime as authorized for their current activities for a maximum of three years, subject to a power for HM Treasury to extend the regime's duration by increments of 12 months.
Both the PRA and the FCA are requiring firms to submit the Temporary Permission Notification Form using Connect between January 7, 2019 and March 28, 2019.
The FCA's Direction is available at: https://www.fca.org.uk/publication/handbook/temporary-permissionnotification-direction.pdf, the PRA's Direction is available at: https://www.bankofengland.co.uk/- /media/boe/files/eu-withdrawal/pra-direction-temporary-permission-and-variation-notification-before-exitday.pdf and the EEA Passport Rights Regulations 2018 are available at: http://www.legislation.gov.uk/uksi/2018/1149/pdfs/uksi_20181149_en.pdf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
