SRA Handbook

Prohibited activities

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Rule 3: Prohibited activities

3.1

A firm must not carry on, or agree to carry on, any of the following activities:

(a)

market making in investments;

(b)

buying, selling, subscribing for or underwriting investments as principal where the firm:

(i)

holds itself out as engaging in the business of buying such investments with a view to selling them;

(ii)

holds itself out as engaging in the business of underwriting investments of the kind to which the transaction relates; or

(iii)

regularly solicits members of the public with the purpose of inducing them, as principals or agents, to enter into transactions and the transaction is entered into as a result of the firm having solicited members of the public in that manner.

(c)

buying or selling investments with a view to stabilising or maintaining the market price of the investments;

(d)

acting as a stakeholder pension scheme manager;

(e)

entering into a broker funds arrangement;

(f)

effecting and carrying out contracts of insurance as principal;

(g)

establishing, operating or winding up a collective investment scheme;

(h)

establishing, operating or winding up a stakeholder pension scheme or a personal pension scheme;

(i)

managing the underwriting capacity of a Lloyds syndicate as a managing agent at Lloyds;

(j)

advising a person to become a member of a particular Lloyd's syndicate;

(k)

entering as provider into a funeral plan contract;

(l)

entering into a regulated mortgage contract as lender or administering a regulated mortgage contract (unless this is in the firm's capacity as a trustee or personal representative and the borrower is a beneficiary under the trust, will or intestacy);

(m)

entering into a regulated home purchase plan as provider or administering a regulated home purchase plan (unless this is in the firm's capacity as a trustee or personal representative and the home purchaser is a beneficiary under the trust, will or intestacy);

(n)

entering into a regulated home reversion plan as a provider or administering a regulated home reversion plan (unless this is in the firm's capacity as a trustee or personal representative and the reversion seller is a beneficiary under the trust, will or intestacy);

(o)

entering into a regulated sale and rent back agreement as an agreement provider or administering a regulated sale and rent back agreement (unless this is in the firm's capacity as a trustee or personal representative and the agreement seller is a beneficiary under the trust, will or intestacy);

(p)

entering into a regulated credit agreement as lender except where the regulated credit agreement relates exclusively to the payment of disbursements or professional fees due to the firm;

(q)

exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement except where the regulated credit agreement relates exclusively to the payment of disbursements or professional fees due to the firm;

(r)

entering into a regulated consumer hire agreement as owner;

(s)

exercising, or having the right to exercise, the owner's rights and duties under a regulated consumer hire agreement;

(t)

operating an electronic system in relation to lending within the meaning of article 36H of the Regulated Activities Order; or

(u)

carrying on the activity of providing credit references within the meaning of article 89B of the Regulated Activities Order.

Note

(i)

The Treasury has made the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 which sets out those activities which cannot be provided by professional firms under the Part XX exemption. These activities are also restricted in Rules 3 and 5 of the SRA Financial Services (Scope) Rules 2001.