Page 416 - IOM Law Society Rules Book
P. 416

c.8                 Financial Services Act 2008                119

                                (4) The expressions used in subsection (2)(a) to (f) shall
                           have such meaning as may be specified.

                                (5) In this section, “specified” means specified in an order
                           made by the Treasury.


                                                       Chapter II


                                                The General Prohibition

                            4. (1) A person must not carry on, nor hold themself out as The general
                           carrying on, in or from the Island, a regulated activity —           prohibition


                                  (a) in respect of which no licence is in force; or

                                  (b) if such a licence is in force, other than in accordance
                                      with the conditions, if any, of the licence.


                                (2) Without prejudice to the generality of subsection (1),
                           for the purposes of this Act, a person is treated as carrying on a
                           regulated activity —

                                  (a) in the Island if that person —

                                       (i) carries on a regulated activity from a permanent
                                           place of business maintained by that person in the
                                           Island; or

                                       (ii) engages in the Island in one or more of the
                                           activities which constitute a regulated activity and
                                           doing so constitutes the carrying on by that person
                                           of a business in the Island;

                                  (b) from the Island if that person is —

                                       (i) a limited partnership registered in the Island under
                                           Part II of the Partnership Act 1909;                  [VIII p.327]

                                       (ii) a company incorporated outside the Island that is
                                           registered under Part XI of the Companies Act
                                           1931;                                                 [XIII p.235]

                                      (iii) a limited liability company formed under the
                                           Limited Liability Companies Act 1996; or              [c.19]

                                      (iv) a company incorporated in the Island under the
                                           Companies Acts 1931 to 2004;

                                       (v) a company incorporated under the Companies Act
                                           2006,                                                 [c.13]
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