Financial Services and Markets Act 2000, Schedule 6, paragraph 2D

SCHEDULE 6 Threshold Conditions

2D.(1)The resources of A must be appropriate in relation to the regulated activities that A carries on or seeks to carry on.

(2)The matters which are relevant in determining whether A has appropriate resources include—

(a)the nature and scale of the business carried on, or to be carried on, by A;

(b)the risks to the continuity of the services provided by, or to be provided by, A;

(c)A’s membership of a group and any effect which that membership may have.

(3)[F3667 Except in a case within sub-paragraph (3A), the mattersF3667] which are relevant in determining whether A has appropriate financial resources include—

(a)the provision A makes and, if A is a member of a group, which other members of the group make, in respect of liabilities;

(b)the means by which A manages and, if A is a member of a group, by which other members of the group manage, the incidence of risk in connection with A’s business.

[F3668 (3A)Where the only regulated activities that A carries on or seeks to carry on are—

(a)relevant credit activities, and

(b)if any, activities to which, by virtue of section 39(1D), sections 20(1) and (1A) and 23(1A) do not apply when carried on by A,

A has adequate financial resources if A is capable of meeting A’s debts as they fall due.F3668]

(4)The matters which are relevant in determining whether A has appropriate non-financial resources include—

(a)the skills and experience of those who manage A’s affairs;

(b)whether A’s non-financial resources are sufficient to enable A to comply with—

(i)requirements imposed or likely to be imposed on A by the FCA in the exercise of its functions, or

(ii)any other requirement in relation to whose contravention the FCA would be the appropriate regulator for the purpose of any provision of Part 14 of this Act.

Definitions used in Schedule 6, paragraph 2D

regulated activity

“regulated activity” has the meaning given in section 22;

Defined in s.417(1) · see it in the full Act
group

(1) In this Act “group”, in relation to a person (“A”), means A and any person who is—

(a)a parent undertaking of A;

(b)a subsidiary undertaking of A;

(c)a subsidiary undertaking of a parent undertaking of A;

(d)a parent undertaking of a subsidiary undertaking of A;

(e)an undertaking in which A or an undertaking mentioned in paragraph (a), (b), (c) or (d) has a participating interest;

(f)if A or an undertaking mentioned in paragraph (a) or (d) is a building society, an associated undertaking of the society; or

(g)if A or an undertaking mentioned in paragraph (a) or (d) is an incorporated friendly society, a body corporate of which the society has joint control (within the meaning of section 13(9)(c) or (cc) of the Friendly Societies Act 1992).

Defined in s.421(1) · see it in the full Act
liabilities

“liabilities” includes contingent liabilities;

Defined in Sch.6 para.1A(1) · see it in the full Act
relevant credit activity

2G. (1) In this Part of this Schedule, each of the following is a “relevant credit activity”—

(a)an activity of the kind specified by article 36A of the Regulated Activities Order (credit broking) when carried on in the case specified in sub-paragraph (3), (4) or (5),

(b)an activity of the kind specified by article 39D of that Order (debt adjusting) when carried on—

(i)in the case specified in sub-paragraph (3), by a person who also carries on an activity of the kind specified by paragraph (a),

(ii)by a person in connection with an activity of the kind specified by paragraph (d) or (e) which the person also carries on,

(iii)by a not-for-profit body,

(c)an activity of the kind specified by article 39E of that Order (debt-counselling) when carried on—

(i)in the case specified in sub-paragraph (3), by a person who also carries on an activity of the kind specified by paragraph (a),

(ii)by a person in connection with an activity of the kind specified by paragraph (d) or (e) which the person also carries on,

(iii)by a not-for-profit body,

(d)an activity of the kind specified by article 60B of that Order (regulated credit agreements) if—

(i)it is carried on by a supplier,

(ii)no charge (by way of interest or otherwise) is payable by the borrower in connection with the provision of credit under the regulated credit agreement, and

(iii)the regulated credit agreement is not a hire-purchase agreement or a conditional sale agreement,

(da)an activity of the kind specified by article 60B of that Order (regulated credit agreements) if carried on by a local authority,

(e)an activity of the kind specified by article 60N of that Order (regulated consumer hire agreements),

Defined in Sch.6 para.2G(1) · see it in the full Act
non-financial resources

(2) For the purposes of this Schedule, the “non-financial resources” of a person include any systems, controls, plans or policies that the person maintains, any information that the person holds and the human resources that the person has available.

Defined in Sch.6 para.1A(2) · see it in the full Act
the FCA

(2) The Financial Conduct Authority is in this Act referred to as “the FCA”.

Defined in s.1A(2) · see it in the full Act

“the FCA” means the Financial Conduct Authority;

Defined in s.417(1) · see it in the full Act
functions

(4) Neither section 2AB(3)(d) nor the definition of “functions” in paragraph 1 applies for the purposes of sub-paragraph (2).

Defined in Sch.1ZB para.31(4) · see it in the full Act

“functions”, in relation to the FCA or the PRA , means functions conferred on that regulator by or under this Act;

Defined in Sch.6 para.1A(1) · see it in the full Act

(2A) The functions referred to in sub-paragraph (1)(a) include functions of the FCA under the Competition Act 1998 or the Enterprise Act 2002 as a result of Part 16A of this Act ; but this sub-paragraph is not to be regarded as limiting the effect of the definition of “functions” in paragraph 1.

Defined in Sch.1ZA para.23(2A) · see it in the full Act

(4) Neither section 1A(6)(d) nor the definition of “functions” in paragraph 1 applies for the purposes of sub-paragraph (2).

Defined in Sch.1ZA para.23(4) · see it in the full Act
appropriate regulator

(11) The FCA is the “appropriate regulator” in the case of a contravention of any other requirement , other than a case falling within paragraph 26 of Schedule 17A .

Defined in s.380(11) · see it in the full Act

Cases considering Schedule 6, paragraph 2D (3)

EAK Group Ltd v The Financial Conduct Authority

[2025] UKUT 82 (TCC) · 10 March 2025

Applies the appropriate resources condition. The FCA’s conclusion concerning financial resources was unsupported on the supplied projections, but the absence of information about compliance and customer-suitability systems justified its conclusion concerning non-financial resources (see paras [69]-[77]). Applies the factors relevant to appropriate non-financial resources, including managerial skills and experience and the ability to comply with FCA requirements. The applicant had not demonstrated adequate compliance and customer-protection systems (see paras [70], [73]-[77]).

Ashraf Wealth Management Limited v The Financial Conduct Authority

[2024] UKUT 265 (TCC) · 2 September 2024

The Tribunal applies Threshold Condition 2D to the Applicant’s non-financial resources, including the skills, experience and compliance capacity of those managing its affairs. (see paras [8],[108]) The Tribunal treats the matters in Threshold Condition 2D(4) as relevant to assessing appropriate non-financial resources, including management skills and the ability to comply with regulatory requirements. (see para [8]) The Tribunal considers the skills and experience of those managing the applicant’s affairs as a relevant non-financial resource. (see paras [8],[100],[108]) The Tribunal considers whether the applicant’s non-financial resources are sufficient to enable compliance with regulatory and other applicable requirements. (see para [8]) The Tribunal includes compliance with requirements imposed or likely to be imposed by the FCA among the relevant indicators of appropriate non-financial resources. (see para [8]) The Tribunal includes compliance with other requirements for which the FCA would be the appropriate regulator among the relevant indicators of appropriate non-financial resources. (see para [8])

Robin Crispin Odey v The Financial Conduct Authority

[2026] UKUT 351 (TCC) · 14 September 2026

The Tribunal identified appropriate resources as a threshold condition and found that Odey’s actions put OAM’s compliance with threshold conditions at risk. (see paras [71]; [1184]-[1185]) Cited only.

What each judgment says about Schedule 6, paragraph 2D is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F3667Words in Sch. 6 para. 2D(3) substituted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 10(19)(b)(i)
  2. F3668Sch. 6 para. 2D(3A) substituted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(3)(4), 5(3)