FINMAR Financial Stability and Market Confidence Sourcebook

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FINMAR 1

Gathering financial stability information

FINMAR 1.1

Application, purpose and scope

Application

FINMAR 1.1.1

See Notes

handbook-guidance
FINMAR 1 is relevant to authorised persons and unauthorised persons, in particular persons whose activities are or may be relevant to the stability of one or more aspects of a relevant financial system.

Purpose

FINMAR 1.1.2

See Notes

handbook-guidance
  1. (1) Section 165B(6) (Statement of policy) of the Act requires the FSA to prepare and publish a statement of policy on the financial stability information power. The purpose of FINMAR 1.1 is to set out the FSA's statement of policy on the exercise of the financial stability information power and the overseas financial stability information power contained in sections 165A and 169A of the Act.
  2. (2) The Treasury has approved this statement of policy in accordance with section 165B(7) of the Act.

FINMAR 1.1.3

See Notes

handbook-guidance
Determining whether to impose a financial stability information requirement involves different considerations from the exercise of other FSA powers. The guidance in this chapter relates only to the imposition of financial stability information requirements.

Scope of the powers

FINMAR 1.1.4

See Notes

handbook-guidance
The financial stability information power and the overseas financial stability information power are exercisable in relation to the categories of person set out in section 165A(2) of the Act (interpreted in accordance with the rest of that section).

FINMAR 1.1.5

See Notes

handbook-uk-text
Table: section 165A(2) of the Act

FINMAR 1.1.6

See Notes

handbook-guidance

The FSA may impose a financial stability information requirement on a person within the categories set out in FINMAR 1.1.5 UK only to the extent that it considers that the information or document is or might be relevant to the stability of one or more aspects of the UK financial system. The persons within these categories may include:

  1. (1) a vehicle for collective investment, whether or not it is regulated, (including vehicles often referred to as "hedge funds" and "structured investment vehicles" or off-balance sheet vehicles used for investment) and its managers;
  2. (2) a provider of a service to an authorised person, such as a software supplier or the provider of a liquidity facility, where the risk to the stability of one or more aspects of the UK financial system relates to the provision of the service;
  3. (3) a large scale proprietary trader or investor who trades large volumes of financial instruments that are traded on UK regulated markets or UK MTFs, for example overseas corporate entities; and
  4. (4) a person who manages investments for a single family (whether or not the investments are held within a trust), for example a family office.

FINMAR 1.2

Financial stability information powers

Introduction

FINMAR 1.2.1

See Notes

handbook-guidance
The FSA has a regulatory objective of contributing to the protection and enhancement of UK financial stability. Section 250 of the Banking Act 2009 imposes a duty on the FSA to collect information that it thinks is, or may be, relevant to the stability of individual financial institutions or to one or more aspects of the UK financial system.

FINMAR 1.2.2

See Notes

handbook-guidance
Some information relevant to UK financial stability will be accessible to the FSA:
(1) through authorised persons' regular reports to the FSA; or
(2) from other UK or international authorities;
(3) through information gathered by the FSA under other information gathering powers, such as section 165 of the Act or section 250(2) of the Banking Act 2009.

FINMAR 1.2.3

See Notes

handbook-guidance
The FSA may use the financial stability information power to gather additional information relevant to UK financial stability. The information may relate to the exercise of the FSA's functions, or the FSA may collect the information in order to disclose it to another person or authority, for example the Bank of England or the Treasury. Information relevant to financial stability may be held by an authorised person or by an unauthorised person.

FINMAR 1.2.4

See Notes

handbook-guidance
When the FSA seeks additional information from an authorised person or an unauthorised person it may not in all cases be necessary to exercise statutory information-gathering powers. However, the FSA will use its statutory powers if it believes it is appropriate to do so and, in urgent cases, it may be appropriate for the FSA to exercise these powers without delay.

Financial stability information power

FINMAR 1.2.5

See Notes

handbook-guidance

The FSA may use the financial stability information power to require a person to provide:

  1. (1) specified information or documents; or
  2. (2) information or documents of a specified description;

that the FSA considers are or may be relevant to the stability of the UK financial system.

[Note: Section 165A of the Act]

Overseas financial stability information power

FINMAR 1.2.6

See Notes

handbook-guidance

The FSA may exercise the overseas financial stability information power at the request of an overseas regulator to require a person to provide:

  1. (1) specified information or documents; or
  2. (2) information or documents of a specified description;

that the FSA considers are or may be relevant to the stability of a relevant financial system operating in the country or territory of the overseas regulator.

[Note: Section 169A of the Act]

FINMAR 1.2.7

See Notes

handbook-guidance
If the overseas regulator is a competent authority and the request relates to an obligation of the FSA under EU law, the FSA will take into account whether it is necessary to exercise the overseas financial stability information power to comply with that obligation.

FINMAR 1.2.8

See Notes

handbook-guidance

In deciding whether to exercise the overseas financial stability information power, the FSA may take into account in particular:

  1. (1) whether corresponding assistance would be given to a UK regulatory authority in the country or territory of the overseas regulator; and
  2. (2) whether it is otherwise appropriate in the public interest to give the assistance sought.

FINMAR 1.2.9

See Notes

handbook-guidance
The FSA may decide not to exercise the overseas financial stability information power unless the overseas regulator undertakes to make such contribution towards the cost to the FSA of its exercise as the FSA considers appropriate.

FINMAR 1.2.10

See Notes

handbook-guidance
FINMAR 1.2.8 G and FINMAR 1.2.9 G do not apply if the FSA considers that it must use the overseas financial stability information power to comply with an obligation upon the FSA under EU law.

FINMAR 1.3

Providing notice before imposing a financial stability information requirement

Giving notice

FINMAR 1.3.1

See Notes

handbook-guidance

The FSA will give a person a notice in writing if it proposes to impose a financial stability information requirement unless the FSA is satisfied that information or documents are required without delay. The notice will include:

  1. (1) the reasons why the FSA proposes to impose the financial stability information requirement; and
  2. (2) the time period in which the person may make representations to the FSA in respect of the proposal.

Right to make representations

FINMAR 1.3.2

See Notes

handbook-guidance

The notice referred to in FINMAR 1.3.1 G will specify a reasonable period in which to make representations. In determining the period for representations the FSA will take into account:

  1. (1) the nature, type and number of documents likely to be required;
  2. (2) the reasons for imposing the requirement;
  3. (3) whether the person is likely to wish to seek legal advice;
  4. (4) whether the person is an authorised person;
  5. (5) any cost implications for the person.

FINMAR 1.3.3

See Notes

handbook-guidance

The FSA will generally invite the recipient of a notice to make representations in writing to the address provided in the notice. The FSA will consider a request by a person to make oral representations and will take into account:

  1. (1) whether oral representations would be likely to:
    1. (a) improve the FSA's understanding of the representations;
    2. (b) be more convenient or less costly than written representations; and
    3. (c) assist the FSA in making a decision more quickly; and
  2. (2) as in other cases, and in accordance with the Disability Discrimination Act 1995, any reason relating to the disability of the person which would mean that they could not otherwise have a fair hearing.

FINMAR 1.3.4

See Notes

handbook-guidance
Once the period for making representations has expired the FSA will determine within a reasonable period whether to impose the financial stability information requirement.

FINMAR 1.3.5

See Notes

handbook-guidance
If the FSA does not receive any representations during the period specified in the notice it will determine whether to impose the financial stability information requirement based on the information available to it.

FINMAR 1.4

Imposing a financial stability information requirement without prior notice

FINMAR 1.4.1

See Notes

handbook-guidance
If the FSA proposes to impose a financial stability information requirement and is satisfied that it is necessary for the information or documents covered by a financial stability information requirement to be provided or produced without delay, the FSA may impose the financial stability information requirement on a person without taking the steps described in FINMAR 1.3 (see section 165B (4) of the Act).

FINMAR 1.4.2

See Notes

handbook-guidance

The FSA will determine whether to impose a financial stability information requirement without prior notice based on the facts of each case and after taking into account the information before it concerning:

  1. (1) the nature of the risk to financial stability and whether the risk appears to be increasing rapidly;
  2. (2) the extent of the risk to financial stability;
  3. (3) whether it is fair to impose the requirement without notice; and
  4. (4) whether the information sought may lead to prompt action by the FSA.

FINMAR 1.4.3

See Notes

handbook-guidance
A person who receives a financial stability information requirement without prior notice should consider whether to contact the FSA concerning the requirement. The person should raise any proposal to make representations with the FSA at the earliest opportunity.

FINMAR 1.5

Imposing a requirement

Deciding to impose a requirement

FINMAR 1.5.1

See Notes

handbook-guidance

In deciding whether to impose a financial stability information requirement the FSA will:

  1. (1) review the material before it;
  2. (2) consider any representations received from the proposed recipient of the requirement; and
  3. (3) take into account:
    1. (a) the nature and extent of the risks to financial stability;
    2. (b) whether the information is more readily available from another source, taking into account the likely time and cost implications of seeking information from that source;
    3. (c) whether the information may assist the FSA in fulfilling its functions, for example if the information relates to the exercise of the FSA's statutory powers.

FINMAR 1.5.2

See Notes

handbook-guidance
A decision to impose the financial stability information requirement will be taken by a member of FSA staff at the appropriate level of seniority.

Scope of the requirement

FINMAR 1.5.3

See Notes

handbook-guidance
The information and documents specified will be appropriate for each case. They may be defined broadly, for example information relating to a trading strategy and its execution, or in a more limited way, for example a contract documenting a particular trade.

Notice of a financial stability information requirement

FINMAR 1.5.4

See Notes

handbook-guidance
The FSA will give a person notice in writing if it decides to impose a financial stability information requirement. The notice will describe the information and documents to which the requirement relates and include the FSA's reasons for imposing the requirement.

Requiring documents to be verified or authenticated

FINMAR 1.5.5

See Notes

handbook-guidance

The FSA may, where it is reasonable to do so, require a person subject to a financial stability information requirement to provide:

  1. (1) verification of any information; or
  2. (2) authentication of any document;

that the person provides to the FSA in accordance with that requirement.

FINMAR 1.5.6

See Notes

handbook-guidance

When deciding whether to require verification or authentication the FSA will take into account the circumstances of each case, including:

  1. (1) the type of information or documents required and whether there is a particular need for the information to be exactly accurate;
  2. (2) the likely additional cost to the person providing the information or documents;
  3. (3) the extent to which verification or authentication may improve the quality or reliability of the information or documents; and
  4. (4) the nature of any previous communications between the person and the FSA.

FINMAR 1.5.7

See Notes

handbook-guidance

The FSA may, where it is reasonable to do so, require the information or documents to be verified or authenticated in any manner. Examples of verification or authentification include:

  1. (1) a signed declaration by an officer or employee of a body corporate;
  2. (2) a declaration by a commissioner for oaths that a copy of a document is a true copy of the original; and
  3. (3) a declaration by the person's accountant or auditor that the information provided appears to be accurate.

FINMAR 2

Short selling

FINMAR 2.1

Application and purpose

Application

FINMAR 2.1.1

See Notes

handbook-rule

This chapter applies to all persons who:

  1. (1) engage, or are intending to engage, in short selling in relation to relevant financial instruments; or
  2. (2) have engaged in short selling in relation to relevant financial instruments where the resulting short position is still open.

FINMAR 2.1.1A

See Notes

handbook-guidance
This chapter is relevant to all natural and legal persons to whom the short selling regulation applies, whether or not they are regulated by the FSA.

Purpose

FINMAR 2.1.2

See Notes

handbook-guidance

The purpose of this chapter is to provide guidance in relation to the FSA's functions under the short selling regulation.

Note: Other parts of the Handbook that may also be relevant to natural and legal persons to whom the short selling regulation applies include:

Chapter 2 of SUP (the Supervision manual) and DEPP (the Decision Procedure and Penalties manual).

The following Regulatory Guides are also relevant:

  1. 1. the Enforcement Guide (EG)

FINMAR 2.5

Measures to prohibit, restrict or limit transactions in short selling

Approach to imposing measures

FINMAR 2.5.1

See Notes

handbook-guidance

The FSA is required by article 23 of the short selling regulation to consider whether to impose measures to prohibit or restrict short selling or otherwise limit transactions in a financial instrument on a trading venue where the price of that financial instrument on that trading venue has fallen significantly during a single trading day in relation to the closing price on that venue on the previous trading day. In fulfilling this obligation, the FSA will assess:

  1. (1) whether the price fall is or may become disorderly; and, if so in either case,
  2. (2) whether the imposition of measures to prohibit, restrict or limit transactions will prevent a further disorderly decline in the price of the financial instrument.

FINMAR 2.5.2

See Notes

handbook-guidance

The FSA will assess whether the price fall in a financial instrument on a trading venue is or may become disorderly having regard to at least the following factors:

  1. (1) whether there have been violent movements in the price of the particular financial instrument on a particular trading venue, including any sudden or significant movements in price of a financial instrument during the trading day;
  2. (2) whether there is evidence of unusual or improper trading in the financial instrument on a particular trading venue which could indicate that there was pressure to set the price of the financial instrument at a level that would be considered abnormal for that financial instrument; and
  3. (3) whether there are unsubstantiated rumours or dissemination of false or misleading information regarding the financial instrument.

The list above is not exhaustive and the FSA will consider such other factors as it considers appropriate.

FINMAR 2.5.3

See Notes

handbook-guidance
The FSA may consider that the price fall in a financial instrument is not disorderly, for example, if the FSA considers that there is legitimate cause for a price fall in trading, such as the announcement of poor financial results.

FINMAR 2.5.4

See Notes

handbook-guidance

The FSA will consider at least the following factors when assessing whether measures to prohibit or restrict short selling or otherwise limit transactions are necessary or likely to prevent a further disorderly decline in the price of the financial instrument:

  1. (1) the volume of trading in that financial instrument on the trading venue as compared with the total trading volume in the financial instrument over at least that trading day; and
  2. (2) whether the price of the financial instrument has stabilised after the significant fall in price.

The list above is not exhaustive and the FSA will consider such other factors as it considers appropriate.

FINMAR 2.5.5

See Notes

handbook-guidance
Where the FSA imposes measures under article 23 of the short selling regulation it will normally specify that the measures will not apply to natural or legal persons who have satisfied the criteria to use the market maker exemption or the authorised primary dealer exemption and who are included on the list maintained and published by ESMA pursuant to article 17(13) of the short selling regulation.

Exchange rate calculations

FINMAR 2.5.6

See Notes

handbook-guidance
  1. (1) For the purposes of article 23(1)(b) of Commission Delegated Regulation (EU) No 918/2012 the FSA will convert the figure of EUR 0.50 into pounds sterling using the daily spot foreign exchange rate of Sterling to Euro of the Bank of England applicable at the end of the first business day of October 2012 rounded up to the nearest £0.01. The FSA will state this figure (the 'sterling figure') on its public website.
  2. (2) The rate will be calculated on the same basis at the end of the first business day of October every subsequent year, unless the situation in (3) occurs in the intervening period, in which case the FSA will recalculate the sterling figure.
  3. (3) The situation referred to in (2) is if the daily spot foreign exchange rate of the Bank of England of Sterling to Euro fluctuates for a period of 20 consecutive business days by more than 10% from the rate last used to calculate the sterling figure.
  4. (4) If the situation in (3) occurs more than once in a year, the FSA will convert the figure of EUR 0.50 into pounds sterling using the daily spot foreign exchange rate of Sterling to Euro of the Bank of England applicable at the end of the 20th business day of the period referred to in (3).

FINMAR 2.5.7

See Notes

handbook-guidance
The FSA will treat the FTSE 100 index as the main national equity index of the Member State for the purposes of article 6(4) of Commission Implementing Regulation (EU) No 827/2012 and article 4 of Commission Delegated Regulation (EU) No 826/2012 and article 23(1) of Commission Delegated Regulation (EU) No 918/2012, all subject to approval by European Parliament and Council.

FINMAR 2.6

Procedures relating to the market maker exemption and the authorised primary dealer exemption

[Note: The FSAhas powers under the short selling regulation to prohibit a natural or legal person from using the market maker exemption and the authorised primary dealer exemption if the FSAconsiders that that person does not satisfy the conditions of the exemption that that person has notified the FSAit intends to use.]

FINMAR 2.6.1

See Notes

handbook-guidance
Pursuant to the Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (SI 2012/2554), the FSA will direct how notifications to use the market maker exemption or the authorised primary dealer exemption shall be made. Such directions will be published on the FSA website and listed in FINMAR 2 Annex 1 G.

FINMAR 2.6.2

See Notes

handbook-guidance
  1. (1) If the FSA considers that a natural or legal person ('P') who has notified the FSA of his intention to use either the market maker exemption or the authorised primary dealer exemption does not satisfy the criteria to use the market maker exemption or the authorised primary dealer exemption, the FSA will send a letter to P setting out the reasons why it is minded to prohibit P from using the market maker exemption or the authorised primary dealer exemption.
  2. (2) P will be given the opportunity to make written representations to the FSA concerning P's use of the market maker exemption or the authorised primary dealer exemption.
  3. (3) The FSA will decide whether to prohibit P's use of either the market maker exemption or the authorised primary dealer exemption having regard to P's notification and any written representations made by P. The decision whether or not to prohibit the use by P of either the market maker exemption or the authorised primary dealer exemption will be made by senior staff members of the FSA who were not involved in the initial consideration of P's notification.

Review of a decision to prohibit the market maker exemption or the authorised primary dealer exemption

FINMAR 2.6.3

See Notes

handbook-guidance
If P is not satisfied with the FSA's decision to prohibit P's use of the market maker exemption or the authorised primary dealer exemption, P may seek a review of the decision. This will be conducted by a group of at least three senior FSA staff. None of the group conducting the review will have been connected with the earlier decision taken in respect of P's use of the market maker exemption or the authorised primary dealer exemption. The review may take place after the expiry of the 30 day period in which the notification should be made under the short selling regulation, but within 3 months of the decision referred to in FINMAR 2.6.2 G (3).

FINMAR 2 Annex 1

List of directions on how notifications to use the market maker exemption or authorised primary dealer exemption should be made

See Notes

handbook-guidance
This table belongs to FINMAR 2.6.1 G



[to follow]

FINMAR 3

Banking Act 2009

FINMAR 3.1

Application and purpose

Application

FINMAR 3.1.1

See Notes

handbook-guidance
FINMAR 3 is relevant to firms subject to the powers in Parts 1 to 3 of the Banking Act 2009 (the Banking Act), that is, UK incorporated firms with a Part IV permission to carry on the regulated activity of accepting deposits, other than credit unions, firms with a Part IV permission to effect or carry out contracts of insurance and any other class of institution specified in secondary legislation.

Purpose

FINMAR 3.1.2

See Notes

handbook-guidance
The purpose of FINMAR 3 is to provide guidance on assessing Condition 2 under section 7(3) of the Banking Act.

FINMAR 3.2

Assessing Condition 2 under section 7(3) of the Banking Act 2009

Introduction

FINMAR 3.2.1

See Notes

handbook-guidance
The Banking Act introduces new powers for HM Treasury, the Bank of England and the FSA to deal with failing banks. The powers, which are set out in Parts 1 to 3 of that Act, can be used to deal with UK incorporated firms with a Part IV permission to carry on the regulated activity of accepting deposits, other than credit unions, firms with a Part IV permission to effect or carry out contracts of insurance and any other class of institution specified in secondary legislation. In relation to building societies, the main tools in the Act are applied with modifications. In this section the term "bank" is used to refer to those firms that are potentially subject to the powers in Parts 1 to 3 of the Banking Act. The powers are defined in the Banking Act, and referred to in this section as the "stabilisation powers". The Banking Act contains powers to enable HM Treasury to extend the application of the stabilisation powers to credit unions by secondary legislation.

FINMAR 3.2.2

See Notes

handbook-guidance

Section 7 of the Banking Act sets out the two conditions that must be met before a stabilisation power can be exercised in respect of a bank:

  1. (1) Condition 1 is that the bank is failing, or is likely to fail, to satisfy the threshold conditions.
  2. (2) Condition 2 is that, having regard to timing and other relevant circumstances, it is not reasonably likely that (ignoring the stabilisation powers) action will be taken by or in respect of the bank that will enable it to satisfy the threshold conditions.

FINMAR 3.2.3

See Notes

handbook-guidance
The Banking Act provides that the FSA is to treat Conditions 1 and 2 as met if satisfied that they would be met but for financial assistance provided by either HM Treasury or the Bank of England (disregarding ordinary market assistance offered by the Bank on its usual terms).

Assessing Condition 1

FINMAR 3.2.4

See Notes

handbook-guidance
The matters the FSA will take into account in assessing whether a bank is failing or is likely to fail to satisfy the threshold conditions are described in COND 2.1 to COND 2.5. The options available to the FSA in the case of a breach of the threshold conditions are outlined in Chapter 8 of the Enforcement Guide and SUP 7.2. These tools are available to the FSA at any time, and so may be used before or in conjunction with the stabilisation tools provided by the Banking Act.

Assessing Condition 2

FINMAR 3.2.5

See Notes

handbook-guidance
The Banking Act provides that in considering the test in Condition 2, the FSA should ignore the stabilisation powers. The purpose of this limitation is to make clear that in making its assessment, the FSA is not considering whether the stabilisation powers could successfully resolve the situation, but is considering whether alternative measures might provide for this instead.

Timing

FINMAR 3.2.6

See Notes

handbook-guidance

In assessing Condition 2, the FSA will consider the timeframe during which any actions taken by or in relation to the bank are likely to be available and to have effect. In the view of the FSA, the purpose of the reference to timing in Condition 2 is to require the FSA to consider whether a return to full compliance is likely to occur within a reasonable period of time. The following is a non-exhaustive list of factors the FSA may consider:

  1. (1) the extent of any loss, or risk of loss, or other adverse effect on consumers. The more serious the loss or potential loss or other adverse effect, the more likely it is that the FSA will consider that remedial action will be needed urgently;
  2. (2) the seriousness of any suspected breach of the requirements of the Act or the rules and the steps that need to be taken to correct that breach;
  3. (3) the risk that the bank's conduct or business presents to the stability of the UK financial system and to confidence in that system;
  4. (4) the likelihood that remedial action that could be taken by or in relation to the bank will take effect before consumers, market confidence or financial stability suffers significant detriment.

FINMAR 3.2.7

See Notes

handbook-guidance
If the FSA is satisfied that the breach of threshold conditions is likely to be temporary and to be rectified within a reasonable time, the FSA is unlikely to conclude that Condition 2 has been met.

Other relevant circumstances

FINMAR 3.2.8

See Notes

handbook-guidance

In general the FSA will be concerned to determine whether any remedial action that could be taken by or in relation to the bank will be effective. This will include an assessment of both how likely it is that the action will be taken, and if it is, the impact it will have on the bank's compliance with the threshold conditions. Circumstances that the FSA may take into account include but are not limited to:

  1. (1) where the FSA's concerns relate to adequacy of liquidity:
    1. (a) the availability of market funding to banks generally and any specific circumstances of the bank that may impact on its ability to access the market on terms which are generally available;
    2. (b) whether the bank's current funding structure is adequate and viable; whether the primary sources of funding continue to be available, given current market sentiment, and whether they would still be viable if market sentiment was to change;
    3. (c) the maturity profile of the bank's existing funding and the availability of funding from the market to replace maturing funding as the need arises;
    4. (d) whether liquidity problems call into question adequacy of capital;
    5. (e) the bank's credit rating and the likelihood and impact of any potential downgrade;
    6. (f) the availability and terms of liquidity support from group companies, existing funders and central banks;
  2. (2) where the FSA's concerns relate to capital:
    1. (a) the availability of capital from the market for banks in general and any specific circumstances of the bank that may impact on its ability to access the market on terms which are generally available;
    2. (b) potential sources of capital and the nature of and terms on which capital may be obtained;
    3. (c) the success of any recent attempts by the bank to raise capital on the open market;
    4. (d) the willingness of existing significant institutional investors to provide or assist in a strategic solution to the bank;
  3. (3) where the FSA's concerns relate to the adequacy of non-financial resources or suitability, the FSA will take into account the factors identified in COND 2.4 and COND 2.5, and other Handbook provisions referred to in those chapters. In assessing Condition 2, the circumstances of each case are likely to be different, but the FSA will be concerned to establish the likelihood of achieving a return to full compliance with the threshold conditions, and the timescale in which a return to compliance will be effected;
  4. (4) the prospects of the bank securing a material and relevant transaction with a third party, for example a sale of the bank itself or of all or part of its business. In relation to any transaction, the FSA will have regard to factors including but not limited to:
    1. (a) the status of any ongoing negotiations;
    2. (b) the level of interest expressed and the credibility of potential counterparties;
    3. (c) practical constraints related to the bank itself, for example, management engagement, availability of relevant information and severability of infrastructure;
    4. (d) the sources, availability and firmness of financing for any transaction;
    5. (e) the need for shareholder approval, merger clearances or other consents;
    6. (f) the suitability of the counterparty and the stability of the relevant parties following completion of any transaction.

FINMAR 3.2.9

See Notes

handbook-guidance
When assessing whether the bank will return to compliance with threshold condition 4 (adequate resources) the FSA will also assess the reasons behind the likely or actual failure of compliance. Serious failures of management, systems or internal controls may in themselves call into question the adequacy of the bank's non-financial resources (threshold condition 4) or suitability (threshold condition 5). Therefore, in assessing whether a bank is reasonably likely to satisfy the threshold conditions in the future, the FSA will be concerned to ensure that any such failures have been adequately addressed.

Transitional Provisions and Schedules

FINMAR Sch 1

Record keeping requirements

FINMAR Sch 1.1

See Notes

handbook-guidance

FINMAR Sch 2

Notification requirements

FINMAR Sch 2.1

See Notes

handbook-guidance

FINMAR Sch 3

Fees and other required payments

FINMAR Sch 3.1

See Notes

handbook-guidance

FINMAR Sch 4

Powers Exercised

FINMAR Sch 4.1

See Notes

handbook-guidance

FINMAR Sch 5

Rights of action for damages

FINMAR Sch 5.1

See Notes

handbook-guidance

FINMAR Sch 6

Rules that can be waived

FINMAR Sch 6.1

See Notes

handbook-guidance