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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 4 May 2020 - onwards
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Article 36H Operating an electronic system in relation to lending

(1) Where the conditions in paragraphs (2), (2A) and (2C) are satisfied, operating an electronic system which enables the operator ("A") to facilitate persons ("B" and "C") becoming the lender and borrower under an article 36H agreement is a specified kind of activity.

(2) The condition in this paragraph is that the system operated by A is capable of determining which agreements should be made available to each of B and C (whether in accordance with general instructions provided to A by B or C or otherwise).

(2A) The condition in this paragraph is that A, or another person ("X") acting under an arrangement with A or at A’s direction, undertakes to -

(a) receive payments in respect of either interest or capital or both due under the article 36H agreement from C, and

(b) make payments in respect of either interest or capital or both due under the article 36H agreement to B.

(2B) For the purposes of paragraph (2A) -

(a) an agreement by A to appoint X to perform the activities in that pa

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