FSA clamps down on sale and rent back

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The FSA is to extend the regulation of sale and rent back (SRB) agreements to all providers, in an effort to clamp down on the "considerable" number of unregulated transactions still taking place.

The FSA's quarterly consultation paper proposes that, in line with Treasury proposals, anyone offering sale and rent back agreements will be regulated regardless of whether such transactions form a firm or investor's main source of business. The FSA has regulated SRB since 2009, but only people that did SRB "by way of business" fell under its remit, enabling many to avoid regulation. The changes mean that even if a firm or individual does just one SRB agreement or acts as a provider for a friend, they will be viewed by the FSA as engaging in regulated activity and require authorisatio...

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