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Designated Professional Body meaning

What does Designated Professional Body mean?
In financial services regulation, a designated professional body is a professional regulator (for example, a law society, bar council or accountancy body) whose members may carry on limited, incidental investment or insurance-related activities without full financial services authorisation, because the body has been formally designated and oversees those activities. In the UK, the term is defined in legislation under the Financial Services and Markets Act 2000 (FSMA), with designation made by HM Treasury. Members regulated by a designated professional body can act as “exempt professional firms” for specified, ancillary regulated activities (such as giving incidental investment advice or arranging transactions) provided statutory conditions are met and the professional body operates an appropriate supervisory regime. The Financial Conduct Authority (FCA) oversees compliance with the Part XX FSMA framework. In Ireland, a broadly equivalent concept exists under the Investment Intermediaries Act 1995, under which certain professional bodies are designated, enabling their regulated members to provide incidental investment business subject to conditions and oversight by the Central Bank of Ireland. This status is practically significant for law and accountancy firms structuring ancillary financial services, financial promotions and insurance distribution, reducing the need for separate FCA/Central Bank authorisation while maintaining professional-body regulation.
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View the related Practice Notes about Designated Professional Body

PRACTICE NOTES
UK Designated Professional Bodies (DPBs) under FSMA 2000: scope, exemptions for exempt professional firms, prohibited activities, insurance distribution registration, disclosure requirements, and AML/CTF supervision reforms

Scope of this Practice Note This Practice Note explores the function of designated professional bodies (DPBs)—covering solicitors, accountants, actuaries, licensed conveyancers and chartered surveyors—as provided in Part 20 of the Financial Services and Markets Act 2000 (FSMA 2000). DPBs supervise and regulate members of these professions, who are regarded as exempt professional firms (EFPs) under FSMA 2000, s 327. It outlines: the criteria a professional body must meet to be treated as a DPB; the exemptions that apply to members of these professions; and the disclosures such firms must make to the public. What is a Designated Professional Body? A Designated Professional Body is a body that regulates and oversees members of the professions listed above, who are EFPs under FSMA 2000, s 327. An exempt professional firm is a person to whom the general prohibition does not apply. A person must not carry on a regulated activity in the UK, or hold themselves out as doing so, unless authorised...

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PRACTICE NOTES
Ethical duties for UK immigration solicitors and IAA advisers acting for clients without leave: regulation, criminal risks, confidentiality, candour to courts and Home Office, conflicts and withdrawal

The statutory regulation of immigration advice and services Immigration advice in the UK is regulated by the Immigration and Asylum Act 1999 (IAA 1999), which stipulates that—save for narrow exceptions—anyone offering immigration advice or services to individuals must be a ‘qualified person’. Section 84(2)(c) of the IAA 1999 originally treated as qualified those authorised to practise in the UK by an equivalent designated professional body in another EEA state; however, from 31 December 2020, that provision was removed by virtue of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019, SI 2019/745. A Ministerial exemption from registering with the Immigration Advice Authority (IAA) continues to cover licensed sponsors where they supply immigration advice or services at no cost to employees, prospective employees and students. Comparable Ministerial exemptions extend to specified educational institutions and health sector bodies. See Practice Note: Giving immigration advice in the UK...

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PRACTICE NOTES
Singapore Private Limited Company: Incorporation, Governance, Ownership, Filings, Distributions, Audit and Tax—Multilaw Global Business Entities Guide (as at 13 January 2023)

This Practice Note forms part of a multi-jurisdictional guide that addresses the essential aspects of establishing specific business entities across global jurisdictions. Leading firms within the Multilaw global law firm network provide responses to key questions on this topic. This guide sets out the main considerations when forming a private limited company in Singapore. Current as of 13 January 2023. Authors: Lau Kiat Wee and Amos Tan, Quahe Woo and Palmer LLC, a Multilaw member firm. Common entities What form of entity is the subject of this questionnaire? What other forms of entities are commonly used in this jurisdiction and are the subject of another questionnaire response? The most prevalent corporate form in Singapore is a company limited by shares that is privately held, commonly referred to as a private limited company (the subject of this response). Identify other types of entities in your jurisdiction that exist but will not be the subject of a questionnaire response at this time ...

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View the related Precedents about Designated Professional Body

PRECEDENTS
Sanctions compliance clauses for commercial contracts: long-form warranties, due diligence, suspension/termination, indemnity; short-form performance and affiliates/ownership options

1 Sanctions (long form) For clause 1, the following terms are to be interpreted as set out below: Losses means all damages, liabilities, demands, costs and expenses [including all legal and other professional fees, costs and expenses], claims, actions and proceedings [(including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation))]; Sanctioned Activity means any activity that falls within sanctions imposed by a Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, United Nations, European Union and any other applicable local, national or multinational government agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for imposing and/or administering sanctions; Sanctioned Entity means any person or entity that is, or that is owned or controlled directly or indirectly by a person or entity that is,...

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PRECEDENTS
Sanctions compliance warranties for asset purchase agreements—pro‑buyer, corporate seller—definitions, due diligence and notification provisions for unconditional long‑form APA

Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—pro-buyer—corporate seller—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity means any activity that is subject to sanctions applied by a Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, European Union, and any other relevant local, national or multinational governmental agency, department, official parliament, public or statutory person, or any governmental or professional body, regulatory or supervisory authority, board or other body tasked with imposing and/or administering sanctions; Sanctioned Entity means any person or entity that is, or that is owned or controlled, whether directly or indirectly, by a person or entity that is, the subject of sanctions imposed by, or included on a designated sanctions list of, a Sanctioning Body, and in this clause 1, the words ‘owned or controlled directly or indirectly’ have the meaning...

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PRECEDENTS
Sanctions compliance definitions, warranties, undertakings and notification and due diligence obligations for conditional long-form corporate asset purchase agreement (pro-seller)

Add the following definitions as additional definitions in clause 1 of Precedent: Asset purchase agreement—pro-seller—corporate seller—conditional—long form: 1 Definitions and interpretation Sanctioned Activity means any conduct subject to sanctions enforced by the Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, European Union and any other relevant local, national or multinational governmental agency, department, official parliament, public or statutory person, or any governmental or professional body, regulatory or supervisory authority, board or other body tasked with imposing and/or administering sanctions; Sanctioned Entity means any person or organisation that is, or that is owned or controlled, directly or indirectly, by a person or organisation that is, the target of sanctions imposed by, or on a designated sanctions list by, a Sanctioning Body, and in this clause 1, the words ‘owned or controlled directly or indirectly’ bear the meaning ...

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View the related UK Parliament Acts about Designated Professional Body

UK PARLIAMENT ACTS
326 Designation of professional bodies

(1)     The Treasury may by order designate bodies for the purposes of this Part.(2)     A body designated under subsection (1) is referred to in this Part as a designated professional body.(3)     The Treasury may designate a body under subsection (1) only if they are satisfied that—(a)     the basic condition, and(b)     one or more of the additional conditions,are met in relation to it.(4)     The basic condition is that the body has rules applicable to the carrying on by members of the profession in relation to which it is established of regulated activities which, if

UK PARLIAMENT ACTS
327 Exemption from the general prohibition

(1)     The general prohibition does not apply to the carrying on of a regulated activity by a person (“P”) if—(a)     the conditions set out in subsections (2) to (7) are satisfied; . . .[(aa)     where the activity is the provision of a service listed in [Part 3 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001] relating to a financial instrument, the condition set out in subsection (7A) is also satisfied; and](b)     there is not in force—(i)     a direction under section 328, or(ii)     an order under section 329,which prevents

UK PARLIAMENT ACTS
Financial Services and Markets Act 2000 (2000 c 8)

Financial Services and Markets Act 20002000 CHAPTER 8An Act to make provision about the regulation of financial services and markets; to provide for the transfer of certain statutory functions relating to building societies, friendly societies, industrial and provident societies and certain other mutual societies; and for connected purposes.[14th June 2000]BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Part I . . .1 . . .. . .2 . . .. . .3 . . .[3A . . .]4 . . .5 . . .6 . . .[. . .][6A . . .]. . .7 . . .. . .8 . . .9 . . .10 . . .11 . . .. . .12 . . .13 . . .. . .14 . . .15 . . .16 . . .17 . . .18 . . .[Part 1A The Regulators][Chapter 1 The Financial Conduct Authority][The Financial Conduct Authority][1A The Financial Conduct Authority][The FCA's general duties][1B The FCA's general duties][1C The consumer protection objective][1D The integrity objective][1E The competition objective][Interpretation of terms used in relation to FCA's general duties][1F Meaning of “relevant markets” in strategic objective][1G Meaning of “consumer”][1H Further interpretative provisions for sections 1B to 1G][1I Meaning of “the UK financial system”][Modifications applying if core activity not regulated by PRA][1IA Modifications applying if core activity not regulated by PRA][Power to amend objectives][1J Power to amend objectives][Recommendations][1JA Recommendations by Treasury in...