MEMA Scope · Assessment

Do international firms entering the UK need FCA authorisation?

A firm based outside the UK plans to serve UK customers, open a UK office or branch, or market to UK consumers. Review the initial view below and answer a few questions to refine it.

  • Personalised to your business
  • FCA rule references
  • Follow-up questions available
Initial viewProvisional assessment

Outcome depends on the detail

Whether you need UK authorisation depends on what you do and for whom

UK regulation is triggered by regulated activity carried on in the UK, or offered to UK customers, and by financial promotions to UK persons. Overseas persons exclusions are narrow.

Route to consider: Depends on facts we still need

Why this was flagged

  • 1UK rules can apply to regulated activities provided to customers in the UK even from outside it.
  • 2Marketing a regulated product to UK persons is restricted unless approved or exempt.

Questions still to resolve

Answer to refine the view. The result updates as you go.

  • ?

    Will you deal with or advise customers located in the UK?

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    Will you have a UK office, branch or staff?

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    Will you advertise or market to people in the UK?

  • ?

    Do you only deal through or with UK authorised firms or on their initiative, and never solicit UK customers directly?

Regulatory basis to examine

FSMA 2000 s.19 The general prohibitionThe general prohibition (opens in a new tab)FSMA 2000 s.21 Restrictions on financial promotionRestrictions on financial promotion (opens in a new tab)RAO Art.72 Overseas persons (exclusion)Overseas persons (exclusion) (opens in a new tab)FCA: AuthorisationFCA: authorisation (opens in a new tab)

Your next steps

  1. 1Describe the services you plan to offer and to whom in the UK
  2. 2Test each service against the UK perimeter by activity
  3. 3Check how your marketing to UK persons will be approved
  4. 4Compare establishing a UK entity or branch with partnering with a UK authorised firm

Where applications for this model most often fall short

  • A UK activity and customer map
  • A view on territorial scope for each service
  • Governance for a UK entity that meets FCA expectations
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This is an initial indication from published FCA material, not an FCA determination or legal advice.

Continue with a more detailed readiness assessment

If authorisation is required, check the firm’s governance, policies, resources and application preparedness.

Will the FCA Authorise Us?

MEMA Scope gives an initial view from published FCA material. It is not legal advice or an FCA determination. Automatic matching and typed questions use AI only to choose a profile and to answer from vetted guidance; the assessment itself is never written by AI.

About this business model

A firm based outside the UK plans to serve UK customers, open a UK office or branch, or market to UK consumers.

UK regulation is triggered by regulated activity carried on in the UK, or offered to UK customers, and by financial promotions to UK persons. Overseas persons exclusions are narrow.

This page gives an initial view from published FCA and legislation sources. It is not an FCA determination or legal advice. Not your business model? Describe your business in MEMA Scope.

International firm entering the UK: frequently asked questions

Does an overseas firm need FCA authorisation to serve UK customers?

Regulated activity carried on in the UK, or in some cases provided to UK customers, can need UK authorisation. Exclusions for overseas persons are limited, and financial promotions to UK persons are separately restricted.

Can I market to UK customers from abroad?

Communicating an invitation or inducement to engage in regulated activity is restricted by FSMA s.21 unless approved by an authorised person or exempt.

What could change the answer for international firms entering the UK?

UK regulation is triggered by regulated activity carried on in the UK, or offered to UK customers, and by financial promotions to UK persons. Overseas persons exclusions are narrow. It can change depending on the answers to questions such as: Will you deal with or advise customers located in the UK? Will you have a UK office, branch or staff? Will you advertise or market to people in the UK? Do you only deal through or with UK authorised firms or on their initiative, and never solicit UK customers directly?

Which FCA rules should international firms entering the UK look at first?

Start with: The general prohibition; Restrictions on financial promotion; Overseas persons (exclusion); FCA: authorisation. This is an initial view from published FCA material, not an FCA determination.

What are the first steps for international firms entering the UK?

Describe the services you plan to offer and to whom in the UK. Test each service against the UK perimeter by activity. Check how your marketing to UK persons will be approved. Compare establishing a UK entity or branch with partnering with a UK authorised firm.

Businesses we check

MEMA Scope covers 32 common business models. Each page explains whether that kind of business may need FCA authorisation, the rules to look at and the routes to consider.

Want a consultant to look at your facts?

Book a free scoping call and we will map the permissions, evidence and timeline for your firm.

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