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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2019 - onwards
Version 2 of 2

Article 15 Financial institutions exposures: trade finance

DRAFT Text amended Article 3 Amendments to the Financial Services and Markets Act 2000 (Excluded Activities and Prohibitions) Order 2014 of the Draft SI - Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2023
DRAFT Text amended Article 10 Amendments to Part 3: prohibitions and exceptions of the Draft SI - Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2023

(1) A ring-fenced body may incur a financial institution exposure provided that both the following conditions are satisfied -

(a) the purpose of the transaction giving rise to the exposure is -

(i) to provide finance or make a payment in connection with the supply of goods or services by or to a person or an undertaking which is not a relevant financial institution; or

(ii) to guarantee or otherwise provide an indemnity or security for the obligations of a customer of the ring-fenced body or a third party in connection with the supply of goods or services by or to a person or an undertaking which is not a relevant financial institution;

(b) the ring-fenced body enters into an agreement to give effect to the transaction which specifies -

(i) the supplies of goods or services to which the transaction relates, and

(ii) the maximum payments which the ring-fenced body may be required to make under the agreement.

(2) For the purpose of paragraph (1)(b)(ii), the maximum payments payable under the agreement may be expressed -

(a) as a defined sum, or