Transitional Provisions and Schedules
SUP TP 1
Transitional provisions
Transitional provisions applying to the Supervision manual only
Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 16 of the table. |
(1) | (2) Material to which the transitional provision applies | (3) | (4) Transitional provision | (5) Transitional provision: dates in force | (6) Handbook provision: coming into force | |||
1 | SUP 3.3.2 R (1) | R |
Auditors
A firm will not contravene SUP 3.3.2 R (1), if the office of auditor is filled at commencement. The auditor filling the office at that time will be deemed to be appointed under SUP 3.3.2 R. | From commencement | Commencement | |||
2 | SUP 3.9 and SUP 3.10 | R | Expired | |||||
3 | SUP 3.9.4 R | R | Expired | |||||
3A | SUP 3.10 | R | Expired | |||||
3B | SUP 3.10.6 R, SUP 3.10.7 R | G | Expired | |||||
3C | SUP 3.10 | R | Expired | |||||
4 | SUP 4.3.1 R (1) and SUP 4.4.1 R (1) | R |
Actuaries
A firm will not contravene SUP 4.3.1 R (1) or SUP 4.4.1 R (1) to the extent that the office of actuarial function holder, with-profits actuary or appropriate actuary is filled by an actuary appointed on or before 31 December 2004, provided that that actuary was appointed in accordance with the statutory requirements, or the requirements of the regulatory system, in force at that time. | From commencement | Commencement | |||
4A | SUP 4 | R | Anything done before 31 December 2004 for the purposes of an amended provision in SUP 4 has effect as if done under that provision. | From 31 December 2004 | 31 December 2004 | |||
4B | [deleted] | |||||||
4BA | SUP 4.3.16AR (3) and SUP 4.3.16AR (4) | R | The rules apply in respect of each financial year commencing on or after 1 January 2005. | From 31 December 2004 | 31 December 2004 | |||
4C | [deleted] | |||||||
4D | [deleted] | |||||||
4E | [deleted] | |||||||
5 | SUP 4.3.3 R | R | If a firm'sactuary has been appointed by a previous regulator under statutory or contractual powers and remains in office immediately before commencement, that appointment will be deemed to have been made under SUP 4.3.3 R, but on the terms of the actual appointment. | From commencement | Commencement | |||
6 | SUP 8.6.1 G | R | Expired | |||||
6A | SUP 9.4 | G | Individual guidance | From 19 July 2001 | 21 June 2001 | |||
(1) | If a person acts in accordance with individual written guidance: | |||||||
(a) | given to him by any previous regulator (or body whose functions were assumed by a previous regulator); | |||||||
(b) | relating to any pre-commencement provision; and | |||||||
(c) | in the circumstances contemplated by that guidance; | |||||||
then the FSA will proceed on the footing that the person has complied with the aspects of any provision in or under the Act (including a rule or guidance in the Handbook) to which the guidance relates if: | ||||||||
(d) | that provision is substantially similar to the pre-commencement provision in relation to the matter with which the guidance is concerned; | |||||||
(e) | the guidance was current immediately before commencement; and | |||||||
(f) | the guidance has not been superseded. | |||||||
(2) | SUP 9.4.2 G - SUP 9.4.4 G are relevant for individual guidance in (1) in the same way as for individual written guidance given by the FSA . | |||||||
(3) | References to "individual written guidance" in (1) and (2) include a written concession from a pre-commencement provision which is substantially similar to guidance in the Handbook. | |||||||
8 | SUP 10.13.6 R | R | Expired | |||||
9 |
SUP 12.5.5 R
SUP 12.5.7 R | R | Expired | |||||
9A | SUP 15.8.4 G | R | Notification of Delegation | From 13 February 2004 to 13 February 2007 | 13 February 2004 | |||
(1) | Subject to (2), SUP 15.8.4 G does not apply to a UCITS management company which became authorised before 13 February 2004. | |||||||
(2) | Paragraph (1) does not apply in relation to any UK firm which exercises an EEA right under the UCITS Directive (in which event the rule applies in relation to acts of delegation occurring on or after the date on which the firm begins to exercise such rights). | |||||||
9B | SUP 12.5 | R | A firm conducting designated investment business need not amend its written contract with an appointed representative (appointed before 15 January 2004) to take account of amendments to SUP 12.5 coming into force between 30 June 2004 and 30 June 2005, until 30 June 2005 or the date on which the contract is next updated (whichever is earlier). | From 30 June 2004 until 30 June 2005, that is, 12 months. | Commencement, and as amended with effect from 30 June 2004 | |||
10 |
SUP 16.4.5 R
SUP 16.5.5 G | R | Expired | |||||
10A |
SUP 16.4
SUP 16.5 | R | SUP 16.4 (Annual controllers report) and SUP 16.5 (Annual close links report) do not apply to a firm with permission to carry on only insurance mediation activity, mortgage mediation activity, or both. | (1) in respect of mortgage mediation activities, 31 October 2004 - 31 March 2005; (2) in respect of insurance mediation activities, 14 January 2005 - 31 March 2005, | 1 April 2005 | |||
11 |
SUP 16.6
SUP 16.7 SUP 16.8 | R | Expired | |||||
12 |
SUP 16.7.7 R; SUP 16.7.9 R, SUP 16.7.11 R, SUP 16.7.16 R, SUP 16.7.24 R, SUP 16.7.26 R, SUP 16.7.35 R, SUP 16.7.44 R, SUP 16.7.46 R, SUP 16.7.48 R, SUP 16.7.57 R | R | Expired | |||||
12A | SUP 16.7.38 R | R | An investment management firm which, before 1 December 2003, was already submitting consolidated financial returns in the form in: (a) SUP 16 Ann 10R; or (b) SUP 16 Ann 7R (with associated guidance in SUP 16 Ann 8G); may continue to use these forms instead of the consolidated financial resources return in SUP 16 Ann 5R. | From 1 December 2003 until, but not including, the date on which the provisions of the Financial Groups Directive take effect in the United Kingdom. | 1 December 2003 | |||
12B | SUP 16.7.54 R; SUP 16.7.76 R SUP 16.7.79 R SUP 16.7.80 R | R | (1) | Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has: | From 1 April 2005 | 1 April 2005 | ||
(a) | annual income of less than £5m but more than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm, and | |||||||
(b) | an accounting reference date which | |||||||
(i) | falls between 31 December 2004 and 31 March 2005; or | |||||||
(ii) | falls between 30 June 2005 and 30 September 2005 | |||||||
this must be read as a reference to providing the first return in accordance with SUP TR 12CR. | ||||||||
(2) | Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has: | |||||||
(a) | annual income of less than £5m but more than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm, and | |||||||
(b) | an accounting reference date which is not within (1)(b); | |||||||
the first return must cover the firm's first full financial half-year which starts on or after 1 April 2005 and be submitted 30 business days after period end. | ||||||||
(3) | Where a firm is carrying on regulated activities before 1 April 2005 and is required under a rule in SUP 16.7 to submit information using the MLAR, the first return must cover the firm's first full financial quarter which starts on or after this date and be submitted 20 business days after period end. | |||||||
(4) | Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has: | |||||||
(a) | annual income of less than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm, and | |||||||
(b) | an accounting reference datewhich falls between 31 December 2004 and 30 December 2005, | |||||||
the relevant rule must be read as requiring the first return to be provided in accordance with SUP TR 12DR. | ||||||||
(5) | Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a quarterly basis, and the firm has an accounting reference date which falls between 31 December 2004 and 30 December 2005 the relevant rule must be read as requiring the first return to be provided with SUP TR 14B. | |||||||
12C | R | If SUP TR 12B R (1) - (3) applies, the firm's first return must be provided as follows: | ||||||
Accounting reference date | Reporting period starts | Reporting period ends | Return to be provided | |||||
Between 30 June 2005 and 30 September 2005 | 1 April 2005 | Accounting reference date within 2005 | 30 business days after period end. | |||||
31 December 2004 | 1 April 2005 | 30 June 2005 | 30 business days after the period end | |||||
Between 1 January 2005 and 31 March 2005 | 1 April 2005 | 6 months after the accounting reference date within 2005 | 30 business days after period end | |||||
12D | R | (1) | If SUP TR 12BR (4)SUP TR 12BR (4) applies, the firm's first return must be provided as follows: | |||||
Accounting reference date | Reporting period starts | Reporting period ends | Return to be provided | |||||
31 December 2004 | 1 April 2005 | 30 June 2005 | 30 business days after period end (Note 1) | |||||
Between 1 January 2005 and 31 March 2005 | 1 April 2005 | 6 months after the accounting reference date within 2005 | 30 business days after period end (Note 1) | |||||
Between 1 April 2005 and 29 June 2005 | the day following the accounting reference date within 2005 | 6 months after the accounting reference date within 2005 | 30 business days after period end (Note 1) | |||||
Between 30 June 2005 and 29 September 2005 | 1 April 2005 | Accounting reference date within 2005 | 30 business days after period end | |||||
Between 30 September 2005 and 30 December 2005 | The day after 6 months preceding the accounting reference date within 2005 | Accounting reference date within 2005 | 30 business days after period end | |||||
12E | R | (2) | If SUP TR 12BR (4) applies, the firm's second return must be provided as follows: | |||||
Accounting reference date | Reporting period starts | Reporting period ends | Return to be provided | |||||
Between 30 June 2005 and 29 September 2005 | the day following the accounting reference date within 2005 | 6 months after the accounting reference date within 2005 | 30 business days after period end (Note 1) | |||||
12F | SUP 16.7.77 R | R | A mortgage administrator or mortgage lender must submit an annual report and audited accounts annually, 3 months after the firm's accounting reference date | 31 October 2004 - 31 March 2005 | 1 April 2005 | |||
13 | SUP 16.8 | R | In Forms 1R(1) to (3) in SUP 16 Annex 6R , for any life policy promoted beforecommencement, a reference to "direct offer financial promotion" must be read as a reference to "direct offer advertisement", as defined in the rulebook of the PIA at the time the policy was promoted. | From commencement for 6 years | Commencement | |||
14 | SUP 16.8 | R | SUP 16.8 does not apply to an insurer (including a friendly society) which was not a member of the PIA immediately before commencement. | From commencement for 6 years | Commencement | |||
14A | SUP 16.11.7 R | R | Until 1 July 2006, a firm will not contravene SUP 16.11.7 R if it does not complete the data reporting field 'Advice at the point of sale' (see SUP 16 Annex 21). | 1 April 2005 - 30 June 2006 | 1 April 2005 | |||
14B | R | If SUP TR 12B R (5) applies, the firm's first return must be provided as follows: | ||||||
Accounting reference date | Reporting period starts | Reporting period ends | Return to be provided | |||||
31 December 2004 | 1 April 2005 | 30 June 2005 | 30 business days after period end | |||||
Between 1 January 2005 and 31 March 2005 | 1 April 2005 | 6 months after the accounting reference date within 2005 | 30 business days after period end (Note 2) | |||||
Between 1 April 2005 and 29 June 2005 | The day following the accounting reference date within 2005 | 3 months after the accounting reference date within 2005 | 30 business days after period end (Note 2) | |||||
Between 30 June 2005 and 29 September 2005 | 1 April 2005 | Accounting reference date within 2005 | 30 business days after period end (Note 2) | |||||
Between 30 September 2005 and 30 December 2005 | The day after 6 months preceding the accounting reference date within 2005 | 3 months preceding the accounting reference date within 2005 | 30 business days after period end (Note 3) | |||||
14C | 16.10.4 | R | A firm whose accounting reference date falls between 1 April 2005 and 30 June 2005 (inclusive) need not comply with SUP 16.10.4 R until its accounting reference date in 2006. | 1 April 2005-30 June 2005 | 1 April 2005 | |||
14D | 16.11.3 | R | The report under SUP 16.11.3R (1) for the quarter 1 April to 30 June 2005, together with the report for the quarter 1 July to 30 September 2005 must be submitted within 20 business days after the end of the 1 July-30 September 2005 quarter. | 1 April 2005-30 June 2005 | 1 April 2005 | |||
15 | SUP 17 | R | Transaction Reporting | From commencement | Commencement | |||
(1) | A firm: to whom SUP 17 applies under SUP 17.1.1 (1)(c); and | |||||||
(2) | which was authorised under the Financial Services Act 1986 immediately before commencement otherwise than through membership of the SFA; | |||||||
must comply with SUP 17 as if it were: | ||||||||
(1) | an investment management firm, if it was a member of IMRO immediately before commencement, or | |||||||
(2) | a personal investment firm, otherwise. | |||||||
15A | Rules in SUP 20 | R | Expired | |||||
15B | Transitional ruleSUP 15A | G | Expired | |||||
16 | Paragraphs 1 to 15 | R | Definitions | From commencement | Commencement | |||
In these transitional provisions: | ||||||||
(1) | "pre-commencement provision" means a provision repealed or revoked by or under the Act or a rule or guidance of the firm's previous regulator, including (where the context permits) any relevant provision which it replaced before commencement; and | |||||||
(2) | "substantially similar" means substantially similar in purpose and effect. | |||||||
17 | SUP 20.4.4 R (4) | R | The periodic fee modification set out in SUP 20.4.4 R (4) does not apply to the A.2, A.18 and A.19 activity groups until 1 April 2005. | From 31 October 2004 to 31 March 2005 | 1 April 2002 | |||
SUP | G | GEN contains some technical transitional provisions that apply throughout the Handbook and which are designed to ensure a smooth transition at commencement . These include transitional provisions relevant to record keeping and notification rules. | From commencement of the relevant provision in SUP | Various dates | ||||
Note 1 = The return need not provide data for sections A, B, C, D, E of the RMAR. | ||||||||
Note 2 = Sections A, B, C, D, E of the RMAR should be reported for the 3 months to the reporting end date. | ||||||||
Note 3 = This should only cover sections A, B, C, D, E of the RMAR |
Transitional provisions relating to written concessions
1. | The purpose of the transitional provisions in the following table is to carry forward existing written concessions relating to pre-commencement provisions - for example, formal waivers or modifications given by IMRO, PIA or SFA ("an SRO") and the recognised professional bodies, written concessions from the standards in the FSA's Guide to Banking Supervisory Policy, and formal written consents and determinations made by an SRO under an SRO rule. | |
2. | An existing written concession is only carried forward if the pre-commencement provision to which it relates is substantially similar to a rule in the Handbook. The substantially similar test should be applied to the specific element of the rule to which the written concession relates. An existing written concession from a pre-commencement provision which is substantially similar to written guidance in the Handbook is carried forward in the same way as pre-commencement individual guidance; see transitional provision 6A (Individual guidance) in the schedule of Transitional provisions applying to the Supervision manual only. | |
3. | An existing written concession is carried forward on a temporary basis only - for 12 months from commencement or, in the case of modifications relating to the Interim Prudential sourcebooks or SUP 16.6 (Compliance reports) or SUP 16.7 (Financial reports), until the relevant provisions cease to apply. A firm wishing to retain the benefit of a concession after that time will need to apply in good time for a waiver (see SUP 8 (Waiver and modification of rules)). | |
4. | An existing written concession is carried forward as an amendment to the rule to which it relates. Any such amendment has effect for all purposes (including FSA enforcement action and actions for damages under section 150 of the Act). | |
5. | An existing written concession is not carried forward if, and to the extent that, doing so would be inconsistent with a community obligation of the United Kingdom, in particular with the proper implementation of a directive. | |
6. | These transitional provisions do not apply to rules which are continued by designation of pre-commencement provisions rather than made as new rules. Written concessions of such rules are carried forward, to similar effect, as waivers (given under section 148 of the Act) by article 8 of The Financial Services and Markets Act 2000 (Transitional Provision and Savings) (Rules) Order 2001 (SI 2001/1534). The relevant rules are: | |
(1) | in IPRU(BANK), 3.3.15R in chapter GN; and | |
(2) | in IPRU(INV), those identified as designated rules in the schedule to IPRU(INV) entitled "Powers exercised". | |
7. | Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 4 of the table. |
(1) | (2) Material to which the transitional provision applies | (3) | (4) Transitional provision | (5) Transitional provision: dates in force | (6) Handbook provision: coming into force | ||
1 | Rules in: IPRU, SUP 16.6 and SUP 16.7 | R | (1) | A rule listed in column (2) (including evidential provisions, transitional rules and relevant defined expressions) is disapplied, or is modified in its application, to a firm: | from commencement until revoked. | Commencement | |
(a) | in order to produce the same effect, including any conditions, as a written concession had on a pre-commencement provision listed in paragraph 2; and | ||||||
(b) | for the same period as the written concession would have lasted, if shorter than the period in column (5); | ||||||
if | |||||||
(c) | the rule is substantially similar to the pre-commencement provision in relation to the matter with which the written concession is concerned; | ||||||
(d) | the written concession was current as respects the firm immediately before commencement; | ||||||
(e) | there is no specific transitional rule relating to the written concession; and | ||||||
(f) | the written concession has not been superseded by a waiver from the FSA. | ||||||
(2) | Paragraph (1) does not have effect if, and to the extent that, it would be inconsistent with any community obligation of the United Kingdom. | ||||||
2 | Rules in: IPRU, SUP 16.6 and SUP 16.7 | R | The pre-commencement provisions referred to in paragraph 1(1) are those contained in any of the following (including relevant defined expressions): | from commencement until revoked. | firm | ||
(1) | the legislative provisions of the FSA as designated agency under the Financial Services Act 1986; | ||||||
(2) | the rules of IMRO, PIA, SFA and the recognised professional body; | ||||||
(3) | the Insurance Companies Act 1982 and relevant secondary legislation; | ||||||
(4) | the Friendly Societies Act 1992, and relevant secondary legislation; | ||||||
(5) | the Banking Act 1987, relevant secondary legislation and the FSA's Guide to Banking Supervisory Policy; | ||||||
(6) | the Building Societies Act 1986, relevant secondary legislation and the Building Societies Commission's Prudential Notes, Guidance Notes and DCE (Dear Chief Executive) letters. | ||||||
3 | Rules in: IPRU, SUP 16.6 and SUP 16.7 | R |
Notification of relevance etc of concession
A firm which has the benefit of a written concession to which paragraph 1 applies must notify the FSA immediately if it becomes aware of any matter which is material to the relevance or appropriateness of the written concession. | from commencement until revoked. | Commencement | ||
4 | Rules in: IPRU, SUP 16.6 and SUP 16.7 | R | Definitions | from commencement until revoked. | Commencement | ||
In these transitional provisions: | |||||||
(1) | "substantially similar" means substantially similar in purpose and effect; and | ||||||
(2) | "written concession" means a waiver, exemption, concession, modification, consent, approval, determination or similar exercise of discretion which: | ||||||
(a) | disapplied, or tended to reduce the burden of complying with, a pre-commencement provision (with or without conditions); and | ||||||
(b) | was evidenced in writing. |
- 01/10/2005
SUP Sch 1
Record keeping requirements
- 31/12/2004
SUP Sch 1.1
See Notes
The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record keeping requirements. |
It is not a complete statement of those requirements and should not be relied on as if it were. |
- 01/12/2004
SUP Sch 1.2
See Notes
Handbook reference | Subject of record | Contents of record | When record must be made | Retention period |
SUP 4.3.17 R (3) | Data for actuary (or actuaries appointed under SUP 4 (Actuaries) | Such data as the actuary (or actuaries) appointed under SUP 4 (Actuaries) reasonably require | Not specified | Not specified |
SUP 12.9.1 R, SUP 12.9.2 R | Appointed representatives | (1) Appointed representative's name | On appointment, amendment of contract or termination of contract | 3 years from termination or amendment of the contract |
(2) Copy of the original contract with the appointed representative and any subsequent amendments to it (including details of any restrictions placed on the activities which the appointed representative may carry on) | ||||
(3) Date and reason for terminating or amending the contract | ||||
(4) arrangements agreed with other principals under SUP 12.4.5B R | ||||
SUP 13.11 | UK firm exercising EEA right | (a) the services or activities it carries on from a branch in, or provide cross border services into, another EEA State under that EEA right; and the requisite details or relevant details relating to those services or activities (if applicable) | Not specified | Three years from the earlier of the date on which:(a) it was superseded by a more up-to-date record; or |
(a) the UK firm ceased to have a branch in, or carry cross border services into, any EEA State under an EEA right | ||||
SUP 13.11.1 R | Exercise of passport rights by UK firms | (1) Services or activities carried on from a branch in, or cross-border into, another EEA State under an EEA right | Not specified | Three years from earlier of:(1) record being superseded; |
(2) The requisite details or relevant details (if applicable) | (2) firm ceasing to have any EEA branches or cross- border services. | |||
SUP 16.8.23 R | Persistency reports and data reports | Records to enable the firm to monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives and make the required reports to the FSA . | Not specified | Not specified |
- 01/10/2005
SUP Sch 2
Notification requirements
- 01/12/2004
SUP Sch 2.1
See Notes
The aim of the guidance in the following table is to give the reader a quick overall view of the relevant requirements for notification and reporting. |
It is not a complete statement of those requirements and should not be relied on as if it were. |
- 01/01/2005
SUP Sch 2.2
See Notes
Handbook reference | Matter to be notified | Contents of notification | Trigger event | Time allowed |
SUP 3.3.2 R (2) | Vacancy in the office of auditor. | The fact of the vacancy and the reason for it. | Vacancy in the office of auditor will arise or has arisen. | Without delay. |
SUP 3.3.2 R (5) | Appointment of auditor. | The fact of the appointment, name and business address of the auditor and the date the appointment takes effect. | Appointment of auditor. | Not specified. |
SUP 3.3.5 R | Vacancy in the office of auditor to a Lloyd's underwriting agent or the auditor of the insurance business of a Lloyd's syndicate. | The fact of the vacancy and the reason for it | Vacancy in the office of auditor will arise or has arisen. | Without delay. |
Appointment of auditor by Lloyd's underwriting agent. | The fact of the appointment, name and business address of the auditor and the date the appointment takes effect. | Appointment of auditor. | Not specified. | |
SUP 3.5.3 R | Auditor not independent of the firm. | The fact of the lack of independence. | Firm aware that its auditor not independent of the firm. | A reasonable time. |
SUP 3.7.2 G (1) | Expectation that auditor will qualify his report on the audited annual financial statements or add an explanatory paragraph. | Fact of expectation. | Firm decides qualification or explanatory paragraph is probable and the matter justifies notifying the FSA. | Not specified. |
SUP 3.7.2 G (2) | The firm receives a written communication from its auditor commenting on internal controls. | Content of written communication. | Firm receives written communication and decides that it is appropriate that the FSA should be informed. | Not specified. |
SUP 3.8.10 G | Matters requiring reporting under sections 342(5) and 343(5) of the Act. | Information on or the auditor's opinion on the matters which have caused the auditor to believe the circumstances set out in Statutory Instrument 2001 No. 2587 apply. | Auditor believes that the circumstances set out in Statutory Instrument 2001 No.2587 paragraph 2 apply. | Not specified. |
SUP 3.8.11 R | Auditor: termination of office. | The fact of the termination. | Auditor removed from office by the firm, resigns before his term of office expires or is not re-appointed by the firm. | Without delay. |
SUP 3.8.12 R | Auditor: termination of office. | Any matter connected with ceasing which he thinks ought to be drawn to the FSA's attention; or the fact that there is no such matter. | Auditor ceasing to be (or being formally notified that he will cease to be) auditor of the firm. | Without delay. |
SUP 3.9 | Auditor: certain investment business firms - annual report. | Various matters including relevant financial reporting statements and adequacy of financial resources and whether proper accounting records kept. | After each accounting reference date. | Securities and futures firms: three months; Personal investment firms and investment management firms: four months. |
SUP 3.9.8 R | Auditor: certain investment business firm - inability to prepare annual report. | Inability to report on matters set out in SUP 3.9; reasons why unable to meet the requirements. | Inability to report within timetable (see time allowed). | Securities and futures firms: three months; Personal investment firms and investment management firms: four months. |
SUP 3.10 | Auditor: client assets. | Either: (1) Whether firm has: maintained systems to comply with CASS (client assets), is in compliance with the client asset rules at the report date, and nominee company records are adequate; or (2) if the firm claims not to hold client money or custody assets whether anything has come to the auditor's attention that causes him to believe that they were held. |
Report period must end no more than 53 weeks after previous report. | Four months |
SUP 3.10.8 R | Failure by auditor to report under SUP 3.10.4 R. | Auditor to report the failure and the reasons why it has been unable to meet the requirements of SUP 3.10.7 R. | Failure by the auditor to deliver a report under SUP 3.10.4 R to the FSA so as to be received within four months of the end of each period covered by the report. | Not specified. |
SUP 4.3.1 R (2) | Vacancy in the office of actuary. | The fact of the vacancy and the reason for it. | Vacancy in the office of actuary will arise or has arisen. | Without delay. |
SUP 4.3.1 R (3) and SUP 4.3.2 G | Appointment of actuary . | Matters specified in SUP 10 (because the actuarial function and the with-profits actuary function are specified as controlled functions). | Appointment of actuary. | Before appointment. |
SUP 4.5.9 R | Actuary: termination of office. | The fact of the termination. | Actuary removed from office by the firm, resigns before his term of office expires or is not re-appointed by the firm. | Without delay. |
SUP 4.5.10 R | Actuary: ceasing to hold office. | Any matter connected with ceasing which he thinks ought to be drawn to the FSA's attention; or the fact that there is no such matter. | Actuary ceasing to be (or being formally notified that he will cease to be) actuary of the firm. | Without delay. |
SUP 4.5.11 G | Actuary: ceasing to hold office. | Matters specified in SUP 10.13.6 R and SUP 10.13.7 R (because the actuarial function and the with-profits actuary function are specified as controlled functions).. | Actuary ceasing to hold office. | Seven business days; or, if approved persons Form C is qualified, as soon as reasonably practicable. |
SUP 4.6.1 R | Vacancy in the office of Lloyd's actuary will arise or has arisen. | Fact of the vacancy and the reason for the vacancy. | The Society of Lloyd's becomes aware that a vacancy will arise or has arisen. | Without delay. |
SUP 4.6.17 R | Syndicate actuary of a general insurance business syndicate will or may be unable to produce an unqualified opinion under SUP 4.6.16 R. | Fact that the syndicate actuary will or may be unable to produce an unqualified opinion (to be notified by the managing agent to the FSA). | The managing agent becomes aware that the syndicate actuary will or may be unable to produce an unqualified opinion. | Notification to be made promptly. |
SUP 5.4.12 G | Delay in producing a skilled person report. | Skilled person: inform the FSA and the person in SUP 5.2.1 G that the report may not be delivered on time. | The skilled person becomes aware that the report may not be delivered on time. | As soon as possible. |
SUP 5.5.1 R | Matters which the skilled person is required and permitted to report to the FSA. | As set out in SUP 5.5.1 R. | Skilled person becomes aware of reportable matter. | Not specified. |
SUP 5.5.8 G | Cost of skilled person report. | As set out in SUP 5.5.8 G. | On request. | Not specified. |
SUP 6.2.6 G | Firm seeking to vary its Part IV permission substantially or cancel its Part IV permission. | The fact of seeking such applications to initiate discussion. | Firm seeking to vary its Part IV permission substantially or cancel its Part IV permission. | As early as possible before making the application. |
SUP 6.2.7 G | Firm intending to cease carrying on one or more regulated activities permanently. | The fact of intending to cease carrying on one or more regulated activities permanently. | Firm intending to cease carrying on one or more regulated activities permanently. | Prompt notice. |
SUP 6.2.10 G | Firm winding down (running off) its activities. | The fact of winding down (running off) its activities. | Firm winding down (running off) its activities. | Before making an application for variation of or cancellation of Part IV permission. |
SUP 6.3.15 D | Variation of permission. | The desired variation and the regulated activity or regulated activities which the firm proposes to carry on. The FSA will advise the firm of any additional information required (see SUP 6.3.15 D to SUP 6.3.27 G). | Firm wishes to vary its Part IV permission. | Before variation is required; the FSA has six months to consider a completed application. |
SUP 6.3.15 D (3) | Variation of permission- any significant change in information provided. | Any significant change in the information given in the application. | Until the application has been determined, a change in information provided on the application for variation of Part IV permission. | Immediately. |
SUP 6.4.5 D | Cancellation of Part IV permission. | Reasons for the application, the date on which the firm has ceased, or expects to cease, to carry on regulated activities and an explanation of the full circumstances of its application. | Firm wishes to cancel its Part IV permission. | Before cancellation is required; the FSA has six months to consider a completed application. See SUP 6.4.3 G. |
The FSA will advise the firm of any additional information required (see SUP 6.4.8 G to SUP 6.4.17 G). | ||||
SUP 6.4.5 D (4) | Cancellation of Part IV permission- any significant change in information provided. | Any significant change in the information given in the application. | Until the application has been determined, a change in information provided on the application for a cancellation of Part IV permission. | Immediately. |
SUP 8.3.3 D | Application for a waiver. | The form in SUP 8 Annex 2(Application form for a waiver or modification). | Firm seeks a waiver. | Before the waiver is required; the FSA will aim to give a waiver decision within 20 business days of receiving the application. |
SUP 8.5.1 R | Waiver: altered circumstances. | The matter that affects the continuing relevance or appropriateness of the application or waiver. | Firm that has applied for or has been granted a waiver becoming aware of any matter which could affect the continuing relevance or appropriateness of the application or waiver. | Immediately. |
SUP 9.2.6 G | Guidance request. | Sufficient information to enable the FSA to properly evaluate the situation and respond. In particular, identification of the rule, general guidance or other matter on which the individual guidance is sought and a description of the circumstances relating to the request. | A firm seeks individual guidance. | Before individual guidance required (the FSA will aim to respond quickly and fully to reasonable request). |
SUP 10.12.2 D | Approved persons- application. | Approved persons Form A Application to perform controlled functions under the approved persons regime (see SUP 10 Annex 4). | Firm wishes to appoint a person to a controlled function. | Before appointment takes effect (the FSA has three months to consider a properly completed application but will deal with cases more quickly whenever circumstances allow). |
SUP 10.12.13 R | Approved persons- withdrawal of an application. | Approved persons Form B Notice to withdraw an application to perform controlled functions under the approved persons regime (see SUP 10 Annex 5). | Firm wishes to withdraw an application for approved person status. | Not specified. |
SUP 10.13.1 G | Approved persons- moving within a firm. | Approved persons Form E Internal transfer of an approved person (see SUP 10 Annex 8). | An approved person is both ceasing to perform one or more controlled functions and needs to be approved in relation to one or more new controlled functions within the same firm. | Before appointment takes effect (the FSA has three months to consider a properly completed application but will deal with cases more quickly whenever circumstances allow). |
SUP 10.13.6 R | Approved persons- ceasing to perform a controlled function. | Approved persons Form C Notice of ceasing to perform controlled functions (see SUP 10 Annex 6). | An approved person ceasing to perform a controlled function. | Seven business days after an approved person ceases to perform a controlled function. |
SUP 10.13.7 R | Approved persons- ceasing to perform a controlled function- qualified withdrawal. | The fact of the qualified withdrawal. | An approved person ceasing to perform a controlled function and the firm becoming aware, or has information which reasonably suggests, that it will submit a qualified Form C in respect of that approved person(qualified defined in SUP 10.13.7 R (2): approved person dismissed; approved person under investigation; approved person's fitness and propriety affected). | As soon as practicable (guidance in SUP 10.13.8 Gstates, where possible, within one business day). |
SUP 10.13.14 R | Approved persons- change to personal details - title, name or national insurance number. | Approved persons Form D Notification of changes in personal information or application details (see SUP 10 Annex 7). | An approved person's title, name or national insurance number changes. | Seven business days of the firm becoming aware. |
SUP 10.13.16 R | Approved persons- change to personal details - information reasonably material to fitness and propriety. | Approved persons Form D Notification of changes in personal information or application details (see SUP 10 Annex 7). | Firm becomes aware of information which would reasonably be material to the assessment of an approved person's, or a candidate's, fitness and propriety. | As soon as practicable. |
SUP 11.3.7 D | Controllers - person proposing to acquire or increase control- notification from controller or proposed controller. | If the controller or proposed controller is an authorised person: those sections of Controllers Form A which deal with details of the proposed change in control, joint notifications and supplementary information (see SUP 11 Annex 4D) If the controller or proposed controller is an authorised person and a fund manager which satisfies SUP 11.3.5 G: notification in accordance with SUP 11.3.5 G. |
Proposing to take a step which would result in acquiring the specified control. | Before acquiring control (the FSA has up to three months to consider whether to approve control). |
In other cases: all of Controllers Form A (see SUP 11 Annex 4) and one or more of Controllers Form B (see SUP 11 Annex 5) for relevant individuals (see SUP 11.3.8 D). | ||||
SUP 11.3.10 D | Controllers- correction to previously submitted information by controller. | Details of the information which may be false, misleading, incomplete or inaccurate, or has or may have changed. | A person who submitted a notification under SUP 11.3.7 D becoming aware, or has information which reasonably suggests, that he has or may have provided the FSA with information which was or may have been false, misleading, incomplete or inaccurate or has or may have changed, in a material particular. | Immediately. |
SUP 11.3.15 G | Controllers- proposing to reduce control- notification from controller. | Extent of control (if any) which the controller will have following the change in control If the controller is a fund manager which satisfies SUP 11.3.5 G: notification in accordance with SUP 11.3.5 G. |
Reduction in control. | Before reducing control. |
SUP 11.3.16 G | Controllers- change in control occurs - notification from controller. | Date relevant change of control occurred. If a person has reduced control, details of the extent of control retained (if any). | Change in control has occurred. | Not specified. |
SUP 11.4.2 R | Controllers- proposed change of control- notification from a UK domestic firm. | When acquiring or increasing control: (1) the name of the firm; (2) the name of the controller or proposed controller and, if it is a body corporate and is not an authorised person, the names of its directors and its controllers; (3) a description of the proposed event including the shareholding and voting power of the person concerned, both before and after the proposed event; and (4) any other information of which the FSA would reasonably expect notice, including information which could have a material impact on any of the approval requirements in section 186(2) of the Act and any relevant supporting documentation. The notification need only contain as much of the information the firm is able to provide, having made reasonable enquiries from persons and other sources as appropriate. When reducing control: (1) the name of the controller; and (2) details of the extent of control (if any) which the controller will have following the change in control. |
(1) a person acquiring control or ceasing to have control; (2) an existing controller acquiring an additional kind of control or ceasing to have a kind of control; (3) an existing controller increasing or decreasing a kind of control which he already has so that the percentage of shares or voting power concerned becomes or ceases to be equal to or greater than 20, 33 or 50 (4) an existing controller becoming or ceasing to be a parent undertaking. |
As soon as the firm becomes aware that a person is proposing to take a step that would result in the event concerned; or if the event takes place without the knowledge of the firm, within 14 days of the firm becoming aware of the event concerned. |
SUP 11.4.2A R | Controllers - proposed change of control notification from a UK insurance intermediary. | When acquiring control: (1) the name of the firm; (2) the name of the controller or proposed controller and, if it is a body corporate and is not an authorised person, the names of its directors and its controllers; (3) a description of the proposed event including the shareholding and voting power of the person concerned, both before and after the proposed event; and (4) any other information of which the FSA would reasonably expect notice, including information which could have a material impact on any of the approval requirements in section 186(2) of the Act and any relevant supporting documentation. The notification need only contain as much of the information the firm is able to provide, having made reasonable enquiries from persons and other sources as appropriate. When reducing control: (1) name of the controller; and (2) details of the extent of control (if any) which the controller will have following the change in control. |
(1) a person acquiring control or ceasing to have control; (2) a person becoming or ceasing to be a parent undertaking. |
As soon as the firm becomes aware that a person is proposing to take such a step that would result in the event concerned; or if the event takes place without the knowledge of the firm, 14 days of the firm becoming aware of the event concerned. |
SUP 11.4.4 R | Controllers- proposed change of control- notification from an overseas firm. | When acquiring or increasing control:(1) the name of the firm; (2) the name of the controller or proposed controller and, if it is a body corporate and is not an authorised person the names of its directors and its controllers; (3) a description of the proposed event including the shareholding and voting power of the person concerned, both before and after the proposed event; and (4) any other information of which the FSA would reasonably expect notice, including information which could have a material impact on any of the approval requirements in section 186(2) of the Act and any relevant supporting documentation. The notification need only contain as much of the information the firm is able to provide, having made reasonable enquiries from firm and other sources as appropriate. When reducing control: (1) the name of the controller; details of the extent of control (if any) which the controller will have following the change in control. |
(1) a person acquiring control or ceasing to have control; (2) an existing controller becoming or ceasing to be a parent undertaking. |
As soon as the firm becomes aware that a person is proposing to take a step that would result in the event concerned; or if the event takes place without the knowledge of the firm, within 14 days of the firm becoming aware of the event concerned. |
SUP 11.4.8 G | Controllers- notification under Principle 11 by firms. | Proposed change of control. | Any prospective changes of which the firm is aware, in controllers' or proposed controllers' shareholdings or voting power (if the change is material). | The earliest opportunity and before the formal notifications . As a minimum, the FSA considers such discussions should take place before a person: (1) enters into any formal agreement in respect of the purchase of shares or a proposed acquisition or merger which would result in a change in control (whether or not the agreement is conditional upon any matter, including the FSA's approval) or (2) purchases any shareoptions, warrants or other financial instruments, the exercise of which would result in the person acquiring control or any other changes in control. |
SUP 11.6.2 R to SUP 11.6.5 R | Controllers- change in information provided by a UK domestic firm. | (1) Details of the information which is or may be false, misleading, incomplete or inaccurate, or has or may have changed (2) An explanation why such information was or may have been provided; and (3) The correct information. |
After submitting a notification under SUP 11.4.2 Ror SUP 11.4.2A R and until the change in control occurs, the firm becomes aware, or has information that reasonably suggests, that information provided by the controller or proposed controller is false, misleading, incomplete or inaccurate, or has or may have changed in a material particular. | Immediately. |
SUP 11.6.4 R | Controllers- change in notification has taken place - notification by firm. | The fact that the change in control has taken place or that there are grounds for reasonably believing that the event will not now take place. | A change in control previously notified under SUP 11.4.2 R, SUP 11.4.2A R, SUP 11.4.4 Ror taking place; or the firm having grounds for reasonably believing that the event will not now take place. | 14 days of the change in control or having grounds for reasonably believing that the event will not now take place. |
SUP 11.8.1 R | Controllers- changes in the circumstances of existing controllers. | The fact of: (1) a controller, or any entity subject to his control, being the subject of any legal action or investigation which might put into question the integrity of the controller; |
The firm becoming aware of: (1) a controller, or any entity subject to his control, is or has been the subject of any legal action or investigation which might put into question the integrity of the controller; |
Immediately. |
(2) a significant deterioration in the financial position of a controller; | (2) a significant deterioration in the financial position of a controller; | |||
(3) a corporate controller undergoing a substantial change or series of changes in its governing body; | (3) a corporate controller undergoing a substantial change or series of changes in its governing body; | |||
(4) a controller, who is authorised in another EEA State as an ISD investment firm or BCD credit institution or under the Insurance Directives or the Insurance Mediation Directive, ceasing to be so authorised (registered in the case of an IMD insurance intermediary). | (4) a controller, who is authorised in another EEA State as an ISD investment firm or BCD credit institution or under the Insurance Directives or the Insurance Mediation Directive, ceasing to be so authorised (registered in the case of an IMD insurance intermediary). | |||
SUP 11.9.1 R | Close links. | (a) the name of the person (b) the nature of the close links (c) if the close link is with a body corporate, its country of incorporation, address and registered number; and (d) if the close links is with an individual, his date and place of birth. |
The firm becoming aware that it has become or ceased to be closely linked with any person. | As soon as reasonably practicable and no later than one month after the firm becomes aware that it has become or ceased to be closely linked or if the firm has elected to report monthly, within 15 business days of the end of each month (see SUP 11.9.4 R). |
SUP 12.7.1 R | Appointed representatives. | The notification should give details of the appointed representative and the regulated activities which the firm is, or intends to, carry on through the appointed representative, including: (1) the name of the firm's new appointed representative (if the appointed representative is a body corporate, this is its registered name) (2) any trading name under which the firm's new appointed representative carries on a regulated activity in that capacity; (3) a description of the regulated activities which the appointed representative is permitted or required to carry on and for which the firm has accepted responsibility. |
A firm appointing an appointed representative. | (1) (if the appointment covers insurance mediation activities and the appointed representative is not included on the Register as carrying on such activities in another capacity) before; or (2) (otherwise) ten business days after; the appointed representative begins to carry on regulated activities under the contract. |
SUP 12.7.7 R (1) | Appointed representative - extension of scope of appointment to cover insurance mediation activities for the first time. | That fact. | Extension of scope of appointment to cover insurance mediation activities for the first time and the appointed representative is not included on the Register as carrying on insurance mediation activities in another capacity. | Before the appointed representative begins to carry on insurance mediation activities under the contract. |
SUP 12.7.7 R (2) | Appointed representatives- change in other information. | The information that has changed. | A change being made to other information provided under SUP 12.7.1 R or the firm becoming aware of the change. | Ten business days of a change being made, or if later, as soon as it becomes aware of the change. |
SUP 12.7.8 R | Appointed representatives- belief that appointment conditions not met. | The fact that the firm has reasonable grounds for believing that the appointment conditions are not being met; and: (a) the steps the firm proposes to take to rectify the matter; and (b) the date of the termination of the contract with the appointed representative. |
The firm having reasonable grounds for believing that the conditions in SUP 12.4.2 R, SUP 12.4.6 R or SUP 12.4.8A R are not being satisfied. The SUP 12.4.2 R conditions are that: |
As soon as the firm has reasonable grounds for believing that the approval conditions have not been met. |
(1) the appointment does not prevent the firm from satisfying and continuing to satisfy the threshold conditions; | ||||
(2) the threshold conditionsrepresentative: (a) is solvent; (b) is suitable to act for the firm in that capacity; (c) has no close links which would be likely to prevent the effective supervision of the appointed representative by the firm; and |
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(3) the firm has adequate: (a) controls over the appointed representative'sregulated activities for which the firm has responsibility (see SYSC 3.1); and (b) resources to monitor and enforce compliance by the appointed representative with the relevant requirements applying to the regulated activities for which the firm is responsible and with which the appointed representative is required to comply under its contract with the firm (see SUP 12.5.3 G (2)). |
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The SUP 12.4.6 Rconditions are that: On a continuing basis the firm must take reasonable care to ensure that the appointed representative is suitable to act for the firm in that capacity (having regard, in particular, to other persons connected with the appointed representative who will be, or who are, directly responsible for its activities). | ||||
SUP 12.8.1 R | Appointed representatives- termination of appointment. | (1) Written notice of the notification by the firm or the appointed representative (2) The reason for the termination or amendment, if the termination or amendment is due to misconduct or the appointed representative is resigning while under investigation by the firm, the FSA, another regulator, a clearing house, an exchange, a designated professional body, or a government body or agency (3) If relevant, details of action taken by the firm and, if applicable, its outcome. |
Either the firm or the appointed representative notifying the other that it proposes to terminate the contract of appointment or to amend it so that it no longer meets the requirements contained in or referred to in SUP 12.5. | Ten business days after the date of the decision to terminate or so amend the contract or, if later, as soon as the firm becomes aware that the contract is to be or has been terminated or amended. |
SUP 12.8.1 R | Appointed representatives- termination of appointment. | (1) Written notice of the notification by the firm or theappointed representative (2) The reason for the termination or amendment, if the termination or amendment is due to misconduct or the appointed representative is resigning while under investigation by the firm, the FSA, another regulator, a clearing house, an exchange, a designated professional body, or a government body or agency (3) If relevant, details of action taken by the firm and, if applicable, its outcome. |
Either the firm or the appointed representative notifying the other that it proposes to terminate the contract of appointment or to amend it so that it no longer meets the requirements contained in or referred to in SUP 12.5. | Ten business days after the date of the decision to terminate or so amend the contract or, if later, as soon as the firm becomes aware that the contract is to be or has been terminated or amended. |
SUP 12.8.4 G | Appointed representatives- termination of appointment -approved persons. | Approved persons Form C Notice of ceasing to perform controlled functions (see SUP 10 Annex 6). | An approved person ceasing to perform a controlled function under an arrangement entered into by a firm or its appointed representative. | Seven business days after an approved person ceases to perform a controlled function. |
SUP 12.8.4 G | Appointed representatives- termination of appointment -approved persons (qualified withdrawal). | The fact of the qualified withdrawal. | An approved person ceasing to perform a controlled function under an arrangement entered into by a firm or its appointed representative and the firm becoming aware, or has information which reasonably suggest, that it will submit a qualified Form C in respect of that approved person (qualified defined in SUP 10.13.7 R (2); approved person dismissed, approved person under investigation, approved person's fitness and propriety affected). |
As soon as practicable guidance (in SUP 10.13.8 Gstates, where possible, within one business day). |
SUP 13.3.2 G (1) | Intention to establish a branch in another EEA State. | (a) activities which it seeks to carry on through branch (b) other information as specified in SUP 13.5.1 R. | Decision to establish a branch in other EEA State. | Before establishing a branch. |
SUP 13.4.2 G (1) | Intention to provide cross border services into another EEA State. | (a) identifies activities which it seeks to carry on by way of provision of cross border services (b) other information as specified in SUP 13.5.2 R. |
Decision to provide cross border services into another EEA State. | Before providing cross border services. |
SUP 13.6.5 G (1) | Changes to branches (Firms passporting under the Investment Services Directive, the UCITS Directive and Banking Consolidation Directive). | Details of proposed change. | Change in circumstances within control of UK firm. | Before making change. |
SUP 13.6.7 G (1) | Changes to relevant EEA details of branches (Firms passporting under the Insurance Directives). | Details of proposed change. | Change in circumstances within control of UK firm. | Before making change. |
SUP 13.6.8 G | Changes to relevant UK details of branches (Firms passporting under the Insurance Directives). | Details of proposed change. | Change arising from circumstances within control of UK firm. | At least one month before change is effected. |
SUP 13.6.10 G | Changes to branches | Details of change. | Changes to branch arising from circumstances beyond control of a UK firm. | As soon as reasonably practicable. |
SUP 13.7.3 G | Firms passporting under Investment Services Directive: Change in program of operations, or activities to be carried on under its EEA right. | Details of proposed change. | Change in programme of operations, or activities to be carried on under its EEA right. | (a) change arises from circumstances within control of firm: before making change. (b) change arises from circumstances beyond UK firm's control: as soon as practicable (whether before or after change). |
SUP 13.7.4 G | Firms passporting under Insurance Directive (providing cross border services) - change in relevant details. | Details of proposed change. | Change in relevant details. | (a) change arises from circumstances within control of firm: at least one month before proposed change (b) change arises from circumstances beyond UK firm's control: as soon as reasonably practicable. |
SUP 13A.3.6 G - SUP 13A.3.8 G | Intention of incoming Treaty firm to carry on a regulated activity in the United Kingdom. | Matters relevant to the notice as indicated in SUP 13A.3.6 G. | Intention to carry on a regulated activity. | At least seven days in advance. |
SUP 14.2.3 G | Change to branch details in circumstances within control of the firm (firms passporting under the Investment Services Directive, the UCITS Directive and Banking Consolidation Directive). | Details of proposed change. | Change to branch details. | Before making the change. |
SUP 14.2.6 G | Change to branch details in circumstances within control of the firm (firms passporting under the Insurance Directives). | Details of proposed change. | Change to branch details. | Before making the change. |
SUP 14.2.8 G | Changes to branch details arising from circumstances beyond control of incoming EEA firm. | Change to branch details. | Details of the change. | As soon as reasonably practicable. |
SUP 14.3.3 G | Changes to cross border services (firms passporting under the Investment Services Directive) | Details of proposed change. | Changes to cross border services. | (a) change arises from circumstances within control of firm: before making change (b) change arises from circumstances beyond UK firm's control: as soon as reasonably practicable. |
SUP 14.6.3 G | Incoming EEA firm - cancelling qualification for authorisation. | Incoming firm ceased, or intends to cease, to carry on regulated activity in the United Kingdom. | ||
SUP 15.3.1 R | Notifications - matters having a serious regulatory impact. | The fact of any of the trigger events occurring. | Becoming aware or having information which reasonably suggests, that any of the following has occurred, may have occurred or may occur in the foreseeable future: | Immediately. |
(1) the firm failing to satisfy one or more of the threshold conditions; | ||||
(2) any matter which could have a significant adverse impact on the firm's reputation; | ||||
(3) any matter which could affect the firm's ability to continue to provide adequate services to its customers and which could result in serious detriment to a customer of the firm; or | ||||
(4) any matter in respect of the firm which could result in serious financial consequences to the financial system or to other firms. | ||||
SUP 15.3.7 G and SUP 15.3.8 G | Notifications - anything relating to the firm of which the FSA would expect notice. | The matters specified in 'trigger events' which must be disclosed appropriately. | A firm must deal with its regulators in an open and co-operative way, and must disclose to the FSA appropriately anything relating to the firm of which the FSA would reasonably expect notice. (Principle 11 and SUP 15.3.7 G ) Compliance with Principle 11 includes, but is not limited to, giving the FSA notice of: | A firm should have regard to the urgency and significance of a matter. (SUP 15.7.2 G ) The period of notice will depend on the event, although the FSA expects a firm to discuss relevant matters with it at an early stage, before making any internal or external commitments. (SUP 15.3.9 G). |
(1) any proposed restructuring, reorganisation or business expansion which could have a significant impact on the firm's risk profile or resources, including, but not limited to: (a) setting up a new undertaking within a firm's group, or a new branch (whether in the UK or overseas); or (b) commencing the provision of cross border services into a new territory; (c) commencing the provision of a new type of product or service (whether in the UK or overseas); (d) ceasing to undertake a regulated activity or ancillary activity, or significantly reducing the scope of such activities; or (e) entering into, or significantly changing, a material outsourcing arrangement; or (f) a substantial change or a series of changes in the governing body of an overseas firm (other than an incoming firm); or (g) any change to the firm's prudential category or sub-category, as used in the Interim Prudential sourcebooks and the Supervision manual and on which guidance is given in SUP App 1; |
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(2) any significant failure in the firm's systems or controls, including those reported to the firm by the firm's auditor; | ||||
(3) any action which a firm proposes to take which would result in a material change in its capital adequacy or solvency, including, but not limited to: | ||||
(a) any action which would result in a material change in the firm's financial resources or financial resources requirement; or | ||||
(b) a material change resulting from the payment of a special or unusual dividend or the repayment of share capital or a subordinated loan; or | ||||
(c) for firms which are subject to the rules on consolidated financial supervision, any proposal under which another group company may be considering such an action; or | ||||
(d) significant trading or non-trading losses (whether recognised or unrecognised). | ||||
SUP 15.3.11 R | Notifications - breaches of rules and other requirements in or under the Act. | (1) information about any circumstances relevant to the breach or offence; (2) identification of the rule or requirement or offence; and (3) information about any steps which a firm or other person has taken or intends to take to rectify or remedy the breach or prevent any future potential occurrence. |
Becoming aware, or having information which reasonably suggests, that any of the following matters has occurred, may have occurred or may occur in the foreseeable future as regards the firm, any of its directors, officers, employees, approved persons, or appointed representatives: (a) a significant breach of a rule (which includes a Principle) or Statement of Principle; or (b) a breach of any requirement imposed by the Act or by regulations or an order made under the Act by the Treasury (except if the breach is an offence, in which case (c) applies); (c) the bringing of a prosecution for, or a conviction of, any offence under the Act. |
Immediately. |
SUP 15.3.15 R | Notifications - civil, criminal or disciplinary proceedings against a firm. | Details of the matter and an estimate of the likely financial consequences, if any. | (1) Civil proceedings being brought against the firm and the amount of the claim being significant in relation to the firm's financial resources or its reputation; or | Immediately. |
(2) any action being brought against the firm under section 71 of the Act (Actions for damages) or section 150 (Actions for damages); or | ||||
(3) disciplinary measures or sanctions being imposed on the firm by any statutory or regulatory authority, professional organisation or trade body (other than the FSA) or the firm becoming aware that one of those bodies has started an investigation into its affairs: or | ||||
(4) the firm being prosecuted for, or convicted of, any offence involving fraud or dishonesty, or any penalties being imposed on it for tax evasion; or | ||||
(5) if it is an OPS firm, which is a trustee, being removed as trustee by a court order. | ||||
SUP 15.3.17 R | Notifications - Fraud, errors and other irregularities. | All relevant and significant details of the incident or suspected incident of which the firm is aware. | The following events arising, if significant: (1) the firm becoming aware that an employee may have committed a fraud against one of its customers; or |
Immediately. |
(2) the firm becoming aware that a person, whether or not employed by it, may have committed a fraud against it; or | ||||
(3) the firm considering that any person, whether or not employed by it, acting with intent to commit a fraud against it; or | ||||
(4) the firm identifying irregularities in its accounting or other records, whether or not there is evidence of fraud; or | ||||
(5) the firm suspecting that one of its employees may be guilty of serious misconduct concerning his honesty or integrity and which is committed with the firm's regulated activities or ancillary activites. | ||||
SUP 15.3.21 R | Notifications - insolvency, bankruptcy and winding up. | The fact of the event. | (1) the calling of a meeting to consider a resolution for winding up the firm; | Immediately. |
(2) an application to dissolve the firm or to strike it off the Register of Companies; | ||||
(3) the presentation of a petition for the winding up of the firm; | ||||
(4) the making of, or any proposals for the making of, a composition or arrangement with any one or more of its creditors; | ||||
(5) an application for the appointment of an administrator or trustee in bankruptcy to the firm; | ||||
(6) the appointment of a receiver to the firm (whether an administrative receiver or receiver appointed over particular property): or | ||||
(7) an application for an interim order against the firm under section 252 of the Insolvency Act 1986 (or, in Northern Ireland, section 227 of the Insolvency (Northern Ireland) Order 1989); or | ||||
(8) if the firm is a sole trader: (a) an application for a sequestration order; or (b) the presentation of a petition for bankruptcy; or |
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(9) anything equivalent to (1) to (8) above in respect of the firm in a jurisdiction outside the UK. | ||||
SUP 15.4.1 R | Notifications - notified person - overseas firm which is not an incoming firm. | Form F Changes in notified person (see SUP 15 Ann 2 R) However, if the person is an approved person, notification giving details of his name, the approved person's FSA individual reference number and the position to which the notification relates, is sufficient. | Any person taking up or ceasing to hold the following positions: (a) the firm's worldwide chief executive (that is, the person who, alone or jointly with one or more others, is responsible under the immediate authority of the person for the whole of its business) if the person is based outside the UK; (b) the person within the overseas firm with a purely strategic responsibility for UK operations; (c) for a bank: the two or more persons who effectively direct its business in accordance with IPRU(BANK) GN 3.3.1R; (d) for an insurer: the authorised UK representative. |
30 business days. |
SUP 15.5.1 R | Notifications - change in name. | Details of the proposed new name and the date on which the firm intends to implement the change of name. | A change in:(1) the firm's name (which is the registered name if the firm is a body corporate); | Reasonable advance notice. |
(2) any business name under which the firm carries on a regulated activity or ancillary activity either from an establishment in the UK or with or for clients in the UK. | ||||
SUP 15.5.4 R | Notifications - change in address. | Details of the new address and the date of the change. | A change in any of the following addresses: (1) the firm's principal place of business in the UK; (2) in the case of an overseas firm, its registered office (or head office) address. |
Reasonable advance notice. |
SUP 15.5.5 R | Notifications - change in legal status. | The fact of the proposed change in liability. | A proposed change in a firm's legal status which limits the liability of any of its members or partners. This includes: |
Reasonable advance notice. |
(1) re-registration as a limited liability company of a company incorporated with unlimited liability; and | ||||
(2) a general partner in a firm becoming a limited partner. | ||||
SUP 15.5.7 R | Notifications - other regulators. | The fact of becoming subject to or ceasing to be subject to the supervision of any overseas regulator (including a Home State regulator). | A firm becoming subject to or ceasing to be subject to the supervision of any overseas regulator (including a Home State regulator). | Immediately. |
SUP 15.6.4 R | Notification - inaccurate, false or misleading information. | (1) details of the information which is or may be false, misleading, incomplete or inaccurate, or has or may have changed; (2) an explanation why such information was or may have been provided; and (3) the correct information. |
A firm becoming aware, or having information that reasonably suggests that it has or may have provided the FSA with information which was or may have been false, misleading, incomplete or inaccurate, or has or may have changed in a material particular. | Immediately If the information required cannot be submitted with the notification (because it is not immediately available), it must instead be submitted as soon as possible afterwards. |
SUP 15.8.1 R | Notification - management of occupational pension scheme assets. | The fact of receiving the request or instruction. | A firm which manages the assets of an occupational pension scheme receiving a request or instruction from a trustee which it knows or on substantial grounds suspects or has cause reasonably to suspect is at material variance with the trustee's duties. | As soon as reasonably practical . |
SUP 15.8.2 R | Administration of individual pension accounts. | If a firm begins or ceases to administer individual pension accounts, notify the FSA. | Event of beginning or ceasing to administer individual pension accounts. | As soon as reasonably practicable. |
SUP 15.8.3 R | Insurers' commission clawback. | As set out in SUP 15.8.3 R. | Any amount of commission due from an intermediary remaining outstanding for four months after date when insurer gave notice to the intermediary that (a) relevant premium had not been paid or (b) that cancellation or overpayment has occurred. |
As soon as reasonably practicable. |
SUP 15.8.4 G | Operating a bureau de change . | That the firm intends to operate a bureau de change. | Intending to operate a bureau de change. | Before the firm begins to operate a bureau de change. |
SUP 15.8.4 G | Operating a bureau de change. | That the firm has ceased to operate a bureau de change. | Ceasing to operate a bureau de change. | As soon as reasonably practicable. |
SUP 15.8.6 R | Delegation by UCITS management company. | The fact that a function of the UCITS management company has been delegated together with (a) the identity of the party to whom the function has been delegated and (b) the period during which the delegation will apply. | The delegation of a function by a UCITS management company. | As soon as reasonably practicable. |
SUP 15.8.8 R | CTF provider status. | The fact of the firm beginning or ceasing to hold itself out as a CTF provider. | Firm beginning or ceasing to hold itself out as a CTF provider. | As soon as reasonably practicable. |
CTF third party administrator. | Engagement of third party administrator. | Third party administrator engaged. | As soon as reasonably practicable. | |
Intention to offer Revenue allocated CTFs | Whether it intends to offer Revenue allocated CTFs | Becoming a CTF provider. | As soon as reasonably practicable. | |
Intention to provide stakeholder CTF. | Whether it intends to provide its own stakeholder CTFs. | Becoming a CTF provider. | As soon as reasonably practicable. | |
SUP 15.9.1 R | Being or ceasing to be a financial conglomerate. | The fact of being or ceasing to be a financial conglomerate. | Being or ceasing to be a financial conglomerate. | Immediately. |
SUP 15.9.2 R | Reasonable likelihood of becoming or ceasing to be a financial conglomerate. | Reasonable likelihood of becoming or ceasing to be a financial conglomerate. | Reasonable likelihood of becoming or ceasing to be a financial conglomerate. | Immediately. |
SUP 16.3.17 R | Reporting - change of accounting reference date. | The fact of a change in accounting reference date. | A change in accounting reference date. | If extending its accounting reference period, before the previous accounting reference date If shortening its accounting period, it must make the notification in (1) before the new accounting reference date. |
SUP 16.4.5 R | Reporting - annual controller report - every firm except: (1) an ICVC; (2) an incoming EEA firm; (3) an incoming Treaty firm; (4) a non-directive friendly Society; (5) a partnership; (6) a sole trader; (7) a service company; (8) a UCITS qualifier. |
If the firm is not aware: (a) that it has any controllers; or (b) of any changes in the identity of its controllers since the submission of its previous report; or If the above does not apply, the report must contain a list of all the controllers as at the firm's accounting reference date of which the firm is aware and, for each such controller, state: (a) its name; (b) the percentage of voting power in the firm, or in the firm's parent undertaking, which it is entitled to exercise or control the exercise of, whether alone or with any associate; (c) the percentage of shares in the firm, or in the firm's parent undertaking, which it holds, whether alone or with any associate; (d) if the controller is a body corporate, its country of incorporation, address and registered number; and (e) if the controller is an individual, his date and place of birth. This information may be provided in the form of a group organisation chart. |
Annually from the accounting reference date If a firm is a friendly society or a building society, then it is required to submit a report only if it is aware that it has a controller. |
Four months. |
SUP 16.5.4 R | Reporting - annual close links report - every firm except: (1) an ICVC; (2) an incoming EEA firm; (3) an incoming Treaty firm; (4) a non-directive friendly society; (5) a partnership; (6) a sole trader; (7) a service company; (8) a UCITS qualifier. |
If a firm is not aware: (a) that it has close links; or (b) of any material changes to the details since the last report; then confirmation of this If the above does not apply, the report must contain a list of all persons with whom the firm has close links as at the firm's accounting reference date of which it is aware, and for each such person state: (a) its name; (b) the nature of the close links; (c) if the close link is with a body corporate, its country of incorporation, address and registered number; and (d) if the close link is with an individual, his date and place of birth. The information may be provided in the form of a group organisation chart. |
Annually from the accounting reference date If a firm is an unincorporated friendly society, then it is only required to submit a report if it is aware that it has close links. |
Four months. |
SUP 16.6.5 R | Reporting - compliance reports -bank- list of overseas regulators. | List of all overseas regulators for each legal entity in the firm's group. | Annually from the accounting reference date. | Six months. |
SUP 16.6.5 R | Reporting - compliance reports -bank-authorised entities in the firm's group. | Organogram showing the authorised entities in the firm's group. | Annually from the accounting reference date. | Six months. |
SUP 16.6.6 R | Reporting - compliance reports - trusteeof an AUT | In relation to the manager of each AUT for which it is a trustee, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared, or might have appeared, that the manager had failed (materially or otherwise) to: | Quarterly (the quarter ends are 31 March, 30 June, 30 September, 31 December). | One month. |
(a) give correct instructions to the trustee to create or cancel units in the AUT when the manager should have done so, and the error: (i) resulted in the creation of too few units or in the cancellation of too many units; and (ii) was not corrected in accordance with the FSA's guidance as set out in COLL 6.2.12 and CIS App 1; |
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(b) price unit in the AUT in accordance with COLL 6 and CIS 4 for single-priced AUTs and CIS 15 for dual-priced AUTS, where the pricing error was: |
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(i) greater than 0.5% of the price of a unit; or | ||||
(ii) less than 0.5% of the price of a unit, and the trustee did not consider the manager's controls to be adequate; unless the failure was an isolated incident. | ||||
SUP 16.6.6 R | Reporting - compliance reports -depositary of an ICVC. | In relation to the authorised corporate director of each ICVC for which it is a depositary, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared, that the authorised corporate director had failed (materially or otherwise) to: | Quarterly (the quarter ends are 31 March, 30 June, 30 September, 31 December). | One month. |
(a) arrange for the issueor cancellation of shares in the ICVC when the authorised corporate director should have done so, and the error: (i) resulted in the creation of too few shares or in the cancellation of too many shares; and (ii) was not corrected in accordance with the FSA's guidance as set out in COLL 6.2.12 |
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(b) price shares in the ICVC in accordance with COLL 6 and CIS 4 for ICVCs, where the pricing error was: (i) greater than 0.5% of the price of a share; or (ii) less than 0.5% of the price of a share, and the depositary did not consider the authorised corporate director's controls to be adequate; unless the failure was an isolated incident. |
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SUP 16.6.6 R | Reporting - compliance reports -OPS firms. | Annual accounts of each occupational pension scheme in respect of which the firm is acting. | Annually. | Seven months after the end of the scheme year. |
SUP 16.6.6 R | Reporting - compliance reports -OPS firms. | Audited annual accounts of each OPS collective investment scheme in respect of which the firm is acting. | Annually. | Seven months after the end of the scheme year. |
SUP 16.6.8 R (3) | Reporting - compliance reports -OPS firms. | Any change in the date of commencement of the scheme year of an OPS or OPS collective investment scheme, in respect of which the firm is acting, not less than 15 business days before the date on which such a change is to become effective. | 15 business days before the date on which such a change is to become effective. | |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting financial reports -UK bank. | Annual report and audited accounts. | Annually. | 3 months after the firm's accounting reference date. |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Adequate information on capital adequacy (unconsolidated solo consolidated) BSD3. |
Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a ,bank which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 10 business days (12 business days if submitted electronically). |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Adequate information on capital adequacy (consolidated) BSD3 The requirement to submit consolidated reports applies only to a bank which calculates its capital requirements on a consolidated basis. | Half yearly. All consolidated reports required on a half yearly basis must be prepared as at the end of June and December of each year. | 20 business days (22 business days if submitted electronically). |
See IPRU(BANK) GN 3.3.13R(2) and IPRU(BANK) CS 4. | ||||
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Analysis of large exposures (Unconsolidated, solo consolidated) LE2 or LE3. | Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a bank, which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 10 business days after quarter end (14 business days if LE3 submitted electronically) |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Analysis of large exposures (Consolidated) LE2 or LE3 The requirement to submit consolidated reports applies only to a bank which calculates its capital requirements on a consolidated basis. See IPRU(BANK) GN 3.3.13R(2) and IPRU(BANK) CS 4. | Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a bank, which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 20 business days after quarter end (24 business days if LE3 submitted electronically). |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Adequate information on holdings of credit and financial institutions' and non-financial companies' capital instruments (Unconsolidated, solo consolidated) M1 This report is only required from a bank which reports either on a solo or unconsolidated basis and (i) has been granted a trading book concession as explained in IPRU(BANK) CA 10.3; or (ii) has qualifying holdings in non-financial companies as explained in IPRU(BANK) CA 10.4. |
Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a bank, which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 10 business days (12 business days if submitted electronically). |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Adequate information on holdings of credit and financial institutions' and non-financial companies' capital instruments (Consolidated) M1. | Half yearly. All consolidated reports required on a half yearly basis must be prepared as at the end of June and December of each year. | 20 business days after period end (22 business days if submitted electronically). |
This report is only required from a bank which reports either on a solo or unconsolidated basis and: (i) has been granted a trading book concession as explained in IPRU(BANK) CA 10.3; or (ii) has qualifying holdings in non-financial companies as explained in IPRU(BANK) CA 10.4. |
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The requirement to submit consolidated reports applies only to a bank which calculates its capital requirements on a consolidated basis. See IPRU(BANK) GN 3.3.13R(2) and IPRU(BANK) CS 4. | ||||
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank | Adequate information on sterling stock liquidity (SLR1). | Monthly. | 6 business days after second Wednesday of the month This report must be prepared as at the second Wednesday of each month. See IPRU(BANK) LS 5.2(2) regarding submission of an SLR1 on breach of various limits. |
A bank is not required to submit both the SLR1 and LR A bank which monitors its liquidity according to the maturity mismatch approach as set out in IPRU(BANK) LM must submit the LR. |
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A bank which monitors its liquidity according to the maturity mismatch approach as set out in IPRU(BANK) LS must submit the SLR1. | ||||
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Adequate information on mismatch liquidity LR A bank is not required to submit both the SLR1 and LR A bank which monitors its liquidity according to the maturity mismatch approach as set out in IPRU(BANK) LM must submit the LR. | Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a bank, which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 10 business days after period end (12 business days if submitted electronically). |
A bank which monitors its liquidity according to the maturity mismatch approach as set out in IPRU(BANK) LS must submit the SLR1. | ||||
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | List of companies in the bank's consolidated large exposure reporting. | Annually. | 6 months after the firm's accounting reference date. |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -UK bank. | Annual confirmation that all companies included in solo consolidation meet the criteria for such consolidation as set out in IPRU(BANK) CS 9.2. | Annually. | 6 months after the firm's accounting reference date. |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -EEA bank, other than one with permission only for cross border services. | Adequate information on mismatch liquidity (excluding deposit concentration) LR (excluding Part 5). | Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a bank, which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 10 business days after period end (12 business days if submitted electronically). |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -bank established outside the EEA. | Analysis of profits, large exposures, balance sheet, off balance sheet items and bad and doubtful debt provisions B7. | Half yearly. Period ends are end of June and December each year. | 10 business days after period end (12 business days if submitted electronically). |
SUP 16.7.7 Rto SUP 16.7.15 R | Reporting - financial reports -bank established outside the EEA. | Adequate information on mismatch liquidity LR. | Quarterly. Reports required on a quarterly basis must be prepared as at the end of March, June, September and December of each year, except that a long-term insurance business, which submits the BT report to the Bank of England monthly, must prepare the Form LR (Adequate information on mismatch liquidity) as at the end of February, May, August and November each year. | 10 business days after period end (12 business days if submitted electronically). |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Adequate information on group balance sheet, analysed between society and subsidiary undertakings MFS1 - (Table A). | Monthly. | 9 business days after month end (largest societies) 12 business days after month end (other societies). |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Adequate information on society's balance sheet and primary business transactions MFS1 - (Tables B to G). | Monthly. | 7 business days after month end (largest societies) 10 business days after month end (other societies). |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Largest building societies (see SUP 16.7.17 RNote 2): | Monthly. | 7 business days after month end (largest societies) 10 business days after month end (other societies). |
Sectoral breakdown of the society's balance sheet MFS1 SUP. | ||||
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Adequate information on balance sheets and primary business transactions of society's subsidiary undertakings accepting deposits and/or lending MFS2. | Monthly. | 7 business days after month end (largest societies) 10 business days after month end (other societies). |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Analysis of interest rate risk gap. | Monthly. | 15 business days after month end. |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Adequate information on balance sheet, income and expenditure, capital, lending quality, large exposures and maturities for the society and its subsidiary undertakings, together with relevant expected and likely out-turns QFS1. | Quarterly. | 18 business days after society's financial quarter end. |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Largest building societies (see SUP 16.7.17 R Note 2):Sectoral and other breakdown of assets and liabilities, gilt maturities, and derivative contracts QFS2. | Quarterly. | 11 business days after calendar quarter end. |
SUP 16.7.16 Rto SUP 16.7.19 R | Reporting - financial reports -building society. | Adequate information on balance sheet, income and expenditure, the range and volume of activities undertaken by the society, its subsidiary undertakings, and where relevant, its participating interests AFS1. | Annually. | 2 months after society's accounting reference date. |
SUP 16.7.20 R to SUP 16.7.21 R | Reporting - financial reports -service companies. | Annual audited financial statements. | Annually. | 6 months after the firm'saccounting reference date. |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm (only applies to oil market participants if IPRU(INV) applies to the firm) -lead regulated firm. | Annual audited financial statements. | Annually. | 6 months after the firm'saccounting reference date. |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) | Audited annual financial statements | Annually | 3 months after the firm'saccounting reference date |
SUP 16.7.22 R to | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Category A or B firm or broad scope firm |
Annual reporting statement | Annually | 3 months after the firm'saccounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Category A or B firm or broad scope firm |
Annual reconciliation Every year a firm must submit: (a) a reconciliation and explanation of any differences between amounts shown in the balance sheet in the audited annual financial statements and the annual reporting statement (b) a reconciliation and explanation of any differences between the annual reporting statement and the monthly reporting statement prepared as at the same date |
Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Category A or B firm or broad scope firm |
Audited accounts of any subsidiary, unless the rules in this chapter require that subsidiary to submit accounts to the FSA | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Category A or B firm or broad scope firm |
Consolidated reporting statement (Only required for category A and B firms which are subject to the consolidation rules set out in IPRU(INV) 10-200R to 10-203R, and are not exempt from the consolidation rules under IPRU(INV) 10-200R(2) or IPRU(INV) 10-204R.) | Half yearly | 1 month after period end |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Category A or B firm or broad scope firm |
Large exposures quarterly reporting statement (Form LEM 1 or LEM 2) - solo A firm which was required to submit Form LEM1 in the relevant period immediately prior to commencement must continue to do so. A firm which was required to submit Form LEM2 in the relevant period immediately prior to commencement must continue to do so. A category A or B firm authorised after the commencement must submit Form LEM1. |
Quarterly | 15 business days after quarter end |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm | Large exposures quarterly reporting statement (Form LEM 1 or LEM 2) - consolidated. A firm which was required to submit Form LEM1 in the relevant period immediately prior to commencement must continue to do so. | Quarterly | 1 month after quarter end |
Category A or B firm or broad scope firm | A firm which was required to submit Form LEM2 in the relevant period immediately prior to commencement must continue to do so. | |||
A category A or B firm authorised after the commencement must submit Form LEM1. | ||||
(Only required for category A and B firms which are subject to the consolidation rules set out in IPRU(INV) 10-200R - 10-203R, and are not exempt from the consolidation rules under IPRU(INV) 10-200R(2) or IPRU(INV) 10-204R) | ||||
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Category A or B firm or broad scope firm |
Monthly reporting statement | Monthly | 15 business days after month end |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Category C or D firm or arranger or venture capital firm |
Annual reporting statement | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Category C or D firm or arranger or venture capital firm |
Annual reconciliation Every year a firm must submit:(a) a reconciliation and explanation of any differences between amounts shown in the balance sheet in the audited annual financial statements and the annual reporting statement (b) a reconciliation and explanation of any differences between the annual reporting statement and the monthly reporting statement prepared as at the same date |
Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm(only applies to oil market participants if IPRU(INV) applies to the) firmCategory C or D firm or arranger or venture capital firm | Audited accounts of any , subsidiary unless the rules in this chapter require that subsidiary to submit accounts to the FSA | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Only for category C firm (as defined in the glossaries located in IPRU(INV) 10, which is subject to the consolidation rules set out IPRU(INV) 10-200R to 10-203R and are not exempt from the consolidation rules under IPRU(INV) 10-200R(2) or IPRU(INV) 10-204R |
Consolidated reporting statement | Half yearly | 1 month from period end |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Category C firm |
Large exposures quarterly reporting statement (Form LEM 1 or LEM 2) - solo A firm which was required to submit Form LEM1 in the relevant period immediately prior to commencement must continue to do so. A firm which was required to submit Form LEM2 in the relevant period immediately prior to commencement must continue to do so. A firm authorised after the commencement must submit Form LEM1. |
Quarterly | 15 business days after quarter end |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Category C firm (as defined in the glossaries located in IPRU(INV) 10, which is subject to the consolidation rules set out in IPRU(INV) 10-200R - 10-203R and are not exempt from the consolidation rules under IPRU(INV) 10-200R(2) or IPRU(INV) 10-204R |
Large exposures quarterly reporting statement (Form LEM 1 or LEM 2) - consolidated A firm which was required to submit Form LEM1 in the relevant period immediately prior to commencement must continue to do so. A firm which was required to submit Form LEM2 in the relevant period immediately prior to commencement must continue to do so. A firm authorised after the commencement must submit Form LEM1. |
Quarterly | 1 month after quarter end |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Category C or D firm or arranger or venture capital firm |
Quarterly reporting statement | Quarterly | 15 business days after quarter end |
SUP 16.7.22 R to SUP 16.7.34 | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the) firm Adviser or local, or a traded options market maker (as referred to in IPRU(INV) 3-60R (4) Sole traders only |
Solvency statement | Annually | 2 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Adviser or local, or a traded options market maker (as referred to in IPRU(INV) 3-60R (4) Partnership and bodies corporate only |
Audited annual financial statements | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV) applies to the firm) Adviser or local, or a traded options market maker (as referred to in IPRU(INV) 3-60R (4) |
Audited accounts of any subsidiary unless the rules in this chapter require that subsidiary to submit accounts to the FSA | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.22 R to SUP 16.7.34 G | Reporting - financial reports -securities and futures firm, except a lead regulated firm (only applies to oil market participants if IPRU(INV)) applies to the firm) ISD investment firm, which is a sole trader or a partnership formed under the laws of England and Wales | Solvency statement for the sole trader or each partner | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.35 R to SUP 16.7.41 R | Reporting - financial reports - investment management firmsExcept a lead regulated firm or an OPS firm or a local authority | Annual Financial Return | Annually | 4 months after the firm's accounting reference date |
SUP 16.7.35 R to SUP 16.7.41 R | Reporting - financial reports -investment management firms | Annual accounts | Annually | 4 months after the firm's accounting reference date |
SUP 16.7.35 R to SUP 16.7.41 R | Reporting - financial reports -investment management firms Individuals in partnership Except a lead regulated firm or an OPS firm or a local authority |
Annual solvency statement | Annually | 4 months after the firm'saccounting reference date |
SUP 16.7.35 R to SUP 16.7.41 R | Reporting - financial reports -investment management firms Firms subject to a Liquid Capital Requirement as set out in IPRU(INV) 5.2.3(1)(a) Except a lead regulated firm or an OPS firm |
Quarterly Financial Return | Quarterly | 1 month after the firm's quarter end |
SUP 16.7.35 R to SUP 16.7.41 R | Reporting - financial reports -investment management firms ISD firms (defined in the Glossary of IPRU(INV) 5 subject to the Own Funds Requirement of Euro 730,000 as set out in IPRU(INV) 5.2.3(1)(b) Except a lead regulated firm or an OPS firm or a local authority |
Monthly Financial Return A firm need not prepare a Monthly Financial Return as at the same date as a Quarterly Financial Return (see Note 4 ofSUP 16.7.36 R) |
Monthly | 1 month after the month end |
SUP 16.7.35 R to SUP 16.7.41 R | Reporting - financial reports -investment management firms. Except a lead regulated firm or an OPS firm or a local authority | Why the report cannot be submitted to the FSA on time and the date by which it will submit the report to the FSA | Having reason to believe that it will be unable to submit an annual. quarterly or monthly financial return by the dates specified in the Supervision manual. | As soon as it has reason to believe it will be unable to submit by the specified date |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm, a Category A1 firm a Category B1 firm or a lead regulated firm | Annual questionnaire | Annually | 2 months after the firm's accounting reference date |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Annual financial statements The annual financial statements must include all reports for which table SUP 16.7.45 Rspecifies a monthly or quarterly frequency | Annually | 4 months after the firm'saccounting reference date |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Audited consolidated statutory accounts Only required from a firm if it is a holding company or if one of its controllers is a company. |
Annually | 4 months after the firm's accounting reference date |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Annual reconciliationEvery year a firm must submit a reconciliation of the amounts shown in the balance sheet in the annual financial statements with the amounts shown in the balance sheet in the last monthly or quarterly financial statements. The reconciliation must be submitted with the firm's annual financial statements. | Annually | 4 months after the firm's accounting reference date |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Form 13A (Balance sheet) | Category A1 or B1 firm: Monthly Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other firm: Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Form 13Bi/ii (Profit and loss) | Category A1 or B1 firm: MonthlyCategory B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other :firm Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to managing investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Form 13Ci (Statement of own funds) | Category A1 or B1 firm: Monthly Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other :firm Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end Any other :firm 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Form 13Cii (Statement of own funds) (Unincorporated firms only) | Category A1 or B1 firm: Monthly Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other firm: Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to managing investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports - except a small personal investment firm or a personal investment firmlead regulated firm | Form 13D (Financial resources test -current assets) | Category A1 or B1 firm: Monthly Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other firm: Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Form 13E (Financial resources test - expenditure firm) Category A1 firm, Category A2 firm with permission to manage investments, or a Category A network: Form 13Ei in SUP 16 Ann 7 (section 3) Category A2 firm without permission to manage investments, a Category A3 firm: Form 13Eii in SUP 16 Ann 7 (section 3) Category B1, B2 or B3 firm: Form 13E in SUP 16 Ann 7 (section 4) |
Category A1 or B1 firm: Monthly Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other firm: Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm | Form 13F (Financial resources test - assets and liabilities) | Category A1 or B1 firm: Monthly Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other firm: Quarterly |
Category A1 or B1 firm: 3 weeks after month end Category B2 firm, which has less than 26 financial advisers: 4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firm except a small personal investment firm or a lead regulated firm | Form 13G (Financial resources test - position risk deductions) | Category A1 or B1 firm: Monthly | Category A1 or B1 firm: 3 weeks after month end |
Category B2 firm, which has less than 26 financial advisers: Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: AnnualAny other firm: Quarterly | Category B2 firm, which has less than 26 financial advisers: 4 months after year endCategory B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end | |||
Any other :firm 3 weeks after quarter end | ||||
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm Sole traders only |
Form 13J (Sole trader solvency statement) | Category A1 or B1 firm: MonthlyCategory B2 firm, which has less than 26 financial advisers :Annual Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: Annual Any other firm: Quarterly |
Category A1 or B1 firm: 3 weeks after month endCategory B2 firm, which has less than 26 financial advisers :4 months after year end Category B3 firm, which has less than 26 financial advisers and has permission to manage investments: 4 months after year end Any other firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm Category A1, A2 or A3 firm If the firm is a member of a group and is subject to consolidated supervision as set out in IPRU(INV) 13.7.1 R to 13.7.2 R |
Consolidated financial resources return | Quarterly | 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm Category A1, A2 or A3 firm |
Form CAD 13 | Quarterly | 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm Category A1, A2 or A3 firm |
Form 13H (Restrictions of Financial Resources) | Category A1 firm: monthly Category A2 or A3 firm: Quarterly |
Category A1 firm: 3 weeks after month end Category A2 or A3 firm: 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm Category A1, A2 or A3 firm |
Form 13I (Statement of large exposures) | Quarterly | 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms except a small personal investment firm or a lead regulated firm Category A1, A2 or A3 firm If the firm is a member of a group and is subject to consolidated supervision as set out in IPRU(INV) 13.7.1R to 13.7.2R |
Form 13I Consolidated statement of large exposures | Quarterly | 3 weeks after quarter end |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firm - small personal investment firm | Annual questionnaire | Annually | 4 months after the firm's accounting reference date |
SUP 16.7.42 G to SUP 16.7.53 G | Reporting - financial reports -personal investment firms - small personal investment firm If the firm is a holding company or one of its controllers is a company |
Audited consolidated annual financial statements The firm must submit the statutory accounts of the group to which it belongs |
Annually | 4 months after the firm's accounting reference date |
SUP 16.7.54 R | Reporting - financial reports -authorised professional firm | Annual questionnaireForm in SUP 16 Ann 9R | Annually | 4 months after the firm's accounting reference date |
SUP 16.7.55 R | Reporting - financial reports - The Society of Lloyd's | Annual audited accounts | Annually | 6 months after the Society'saccounting reference date |
SUP 16.7.55 R | Reporting - financial reports - The Society of Lloyd's | Annual Lloyd's Return | Annually | 6 months after the Society'saccounting reference date |
SUP 16.7.55 R to SUP 16.7.56 R | Reporting - financial reports - The Society of Lloyd's | Syndicate returns | Annually | 6 months after the Society'saccounting reference date |
SUP 16.7.57 R to SUP 16.7.58 R | Reporting - financial reports -Members' adviser | Audited annual financial statements | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.57 R to SUP 16.7.58 R | Reporting - financial reports -Members' adviser | Annual reporting statement | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.57 R to SUP 16.7.58 R | Reporting - financial reports -Members' adviser | Annual reconciliation | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.57 R to SUP 16.7.58 R | Reporting - financial reports -Members' adviser | Audited accounts of any subsidiary, unless the rules in this chapter require those subsidiaries to submit accounts to the FSA | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.57 R to SUP 16.7.58 R | Reporting - financial reports -Members' adviser | Quarterly reporting statement | Quarterly | 15 business days after the quarter end |
SUP 16.7.62R to SUP 16.7.63R | Reporting - financial reports -Credit union | Form CQ - Key financial data | Quarterly | One month after quarter end |
SUP 16.7.62R to SUP 16.7.63R | Reporting - financial reports -Credit union | Form CY - Extended financial data | Annually | Seven months after the financial year end |
SUP 16.7.64R to SUP 16.7.65R | Reporting - financial reports -ELMI | Annual report and audited accounts | Annually | 3 months after the firm's accounting reference date |
SUP 16.7.64R to SUP 16.7.65R | Reporting - financial reports -ELMI | Form ELM-CA/LE - Unconsolidated reporting statement on capital adequacy | Half-yearly | 20 business days after period end (22 business days if submitted electronically) |
SUP 16.7.64R to SUP 16.7.65R | Reporting - financial reports -ELMI | Form ELM-CA/LE - Consolidated reporting statement on capital adequacy | Half-yearly | 20 business days after period end (22 business days if submitted electronically) |
SUP 16.7.64R to SUP 16.7.65R | Reporting - financial reports -ELMI | Form BSD3 - Consolidated reporting statement on capital adequacy in the case of ELM 7.3.2 R | Half-yearly | 20 business days after period end (22 business days if submitted electronically) |
SUP 16.7.64R to SUP 16.7.65R | Reporting - financial reports -ELMI | Form ELM-CA/LE - Unconsolidated large exposures reporting statement | Half-yearly | 20 business days after period end (22 business days if submitted electronically) |
SUP 16.7.64R to SUP 16.7.65R | Reporting - financial reports -ELMI | Form ELM-CA/LE - Consolidated large exposures reporting statement | Half-yearly | 20 business days after period end (22 business days if submitted electronically) |
SUP 16.8 | Reporting - persistency reports from insurers | Persistency report. The report must report on every life policy which was promoted subject to rules in COB, or conduct of business rules made by a previous regulator, is not a life policy of a type listed in SUP 16.8.13 R or SUP 16.8.14 R, and which: | Annually | By 30 April each year |
(1) was effected by the firm submitting the report; or | ||||
(2) was effected by a member of the firm's group, which is not an authorised person, and in circumstances in which the firm submitting the report was responsible for promoting that life policy; or | ||||
(3) was effected by another firm, but is carried out by the firm submitting the report. | ||||
The report must be in the format of Forms 1R(1), (2) and (3) in SUP 16 Annex 6 R. | ||||
SUP 16.9.3 R | Details of appointed representatives. Every firm with a Part IV permission to advise on investments, arrange (bring about) deals in investments, make arrangements with a view to transactions in investments, or arrange safeguarding and administration of assets. | A list of all the current appointed representatives of the firm as at the firm's accounting reference date. A report is not required if a firm has no appointed representatives as at the firm's accounting reference date and this is reflected in the relevant extract from the FSA Register. | Annually | Four months |
SUP 16.10.4 R | Verification of standing data items | Correction of inaccuracies in standing data | Accounting reference date | 30 business days after accounting reference date |
SUP 17 | Transaction reporting This applies to (a) a securities and futures firm; or (b) a personal investment firm; or (c) an investment firm (including a credit institution which is an investment firm) not within (a) or (b) excluding a firm to whom the ISD does not apply under Article 2(2) of the ISD. This does not apply to: |
A transaction report as specified in SUP 17.6 | Entering into a reportable transaction (as defined in SUP 17.5), whether on its own account or on behalf of another, subject to exceptions in SUP 17.4 | As soon as practicable and in any event before the end of the next business day after the day on which the firm entered into the transaction, subject to SUP 17.7.10(Failure of reporting system) |
(a) an incoming EEA firm in relation to its passported activities; or | ||||
(b) an oil market participant in relation to its oil market activity. | ||||
SUP 17 | Transaction reporting This applies to (a) a securities and futures firm; or (b) a personal investment firm; or (c) an investment firm (including a credit institution which is an investment firm) not within (a) or (b) excluding a firm to whom the ISD does not apply under Article 2(2) of the ISD. This does not apply to: (a) an incoming EEA firm in relation to its passported activities; or (b) an oil market participant in relation to its oil market activities. |
The fact of intending to use one of the systems specified | Before using one of the reporting systems listed in SUP 17.7.8: (1) CEDCOM system operated by Clearstream Banking AG, Frankfurt; (2) CGO - Central Gils Office; (3) CRESTCo Limited; (4) EUCLID operated by Euroclear SA (input directly into EUCLID or through SWIFT); (5) the FSA's Direct Reporting System; (6) SEQUAL 2000 system of Thomson Financial Services; (7) Tradepoint Financial Networks Plc; (8) Trade Registration System of The London International Financial Futures and Options Exchange (LIFFE); (9) TRAX system of the International Securities Market Association; and (10) Jiway Limited |
Before using the system specified |
SUP 17 | Transaction reporting | Whether the firm will adopt: | Failure of a reporting system | Before the end of the business day after the day when the failure occurs. |
This applies to (a) a securities and futures firm; or (b) a personal investment firm; or (c) an investment firm (including a credit institution which is an investment firm) not within (a) or (b) excluding a firm to whom the ISD does not apply under Article 2(2) of the ISD. This does not apply to: (a) an incoming EEA firm in relation to its passported activities; or (b) an oil market participant in relation to its oil market activities. |
(1) SUP 17.7.10 (1): make the transaction report through another reporting system, if the firm considers it reasonably practicable to do so; (2) SUP 17.7.10 (2): make the transaction report by the end of the business day after the day when the failure is remedied, if the firm does not consider it reasonably practicable to comply with (1) |
|||
SUP 17 | Transaction reporting This applies to (a) a securities and futures firm; or (b) a personal investment firm or (c) an investment firm (including a credit institution which is an investment firm) not within (a) or (b) excluding a firm to whom the ISD does not apply under Article 2(2) of the ISD. This does not apply to: (a) an incoming EEA firm in relation to its passported activities; or (b) an oil market participant in relation to its oil market activities. |
The fact of the failure of the reporting system | Any failure of the firm's system or that of a person reporting on its behalf which prevents a person making atransaction report within the specified period (SUP 17.6.1) | Without delay |
SUP 18.2.12 G | Possible proposal for insurance business transfer scheme | The broad outline of the scheme and its purpose | When an insurance business transfer scheme is being considered | As soon as reasonably practical |
SUP 18.2.26 G | The FSA has to be informed to enable it to consult the transferee's Home State regulator | As set out in 18.2.26 G | If the transferee is (or will be) an EEA firm (authorised in its Home State to carry on insurance business under the Insurance Directives) or a Swiss general insurance company | Not specified |
SUP 18.2.28 G | The FSA has to be informed to enable it to consult the Host State regulator | As set out in 18.2.28 G | If the transferor is an UK insurer and the business to be transferred includes business carried on from a branch in another EEA State, | Not specified |
SUP 18.2.29 G | The FSA has to be informed to enable it to consult the Host State regulator | Should identify the parties to the transfer and include the transfer agreement or draft transfer agreement or a summary containing relevant information. It would be helpful if a draft of the scheme report was also available. | If the transferor is an UK insurer and the business to be transferred includes a long-term insurance contract (other than reinsurance) for which the state of the commitment is an EEA state other than the United Kingdom, | Not specified |
If the transferor is an UK insurer and the business to be transferred includes a general insurance contract (other than reinsurance) for which the state of the risk is an EEA state other than the United Kingdom, | Not specified | |||
SUP 18.2.31 G | Scheme report in a form approved by the FSA | As set out in SUP 18.2.33 G | Decision to apply to the court to approve an insurance business transfer scheme | |
SUP 18.2.32 G | Fact of the independent expert producing a scheme report | Independent expert appointed to produce a scheme report | At an early stage | |
SUP 18.2.42 G | Notice of the application to be sent to all policyholders of the parties. It may also be appropriate to give notice to others affected, in particular to: (1) reinsurers of the transferor where it is proposed that benefits or liabilities under their contracts should pass to the transferee (2) anyone with an interest in the policies being transferred who has notified the transferor of their interest. | In addition to the notice it would normally be appropriate to include a statement setting out the terms of the scheme and containing a summary of the scheme report. | Decision to apply to the court for approval of an insurance business transfer scheme (unless the court directs otherwise) | At least six weeks before court hearing |
SUP App 2.3.1 R | Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm - Margin of solvency below required level | A plan for the restoration of a sound financial position including: (1) a scheme of operations (see SUP App 2.9); and (2) an explanation of how, if at all, and by when it expects its margin of solvency to be adequately restored to the required margin of solvency | The firm becoming aware that its margin of solvency has fallen below its required margin of solvency | 28 days |
SUP App 2.4.1 R | Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm - Margin of solvency below guarantee fund | A short term financial plan including: (1) a scheme of operations (see SUP App 2.9 and (2) an explanation of how, if at all, and by when it expects its margin of solvency to be adequately restored to the guarantee fund |
The firm becoming aware that its margin of solvency has fallen below its guarantee fund | 14 days |
SUP App 2.5.1 R | Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- ceasing to effect contracts of insurance | A run-off plan including: (1) a scheme of operations (see SUP App 2.9); and (2) an explanation of how, or to what extent, all liabilities to policyholders (including where relevant, reasonable bonus expectations) will be met in full as they fall due |
The firm deciding to cease to effect new contracts of insurance | 28 days |
SUP App 2.10.1 R (1) | Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- obligations on insurers which have previously submitted a scheme of operations | The fact of the transactions specified | An insurer which has submitted a scheme of operations, during the period covered by the scheme of operations, entering into or carrying out any material transaction (see SUP App 2.11.1 R) with, or in respect of an associate, unless that transaction is in accordance with a scheme of operations which has been submitted to the FSA | 28 days before entering into or carrying out the specified transaction |
SUP App 2.10.1 R (2) and SUP App 2.10.2 R | Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- obligations on insurers which have previously submitted a scheme of operations | Quarterly financial return: (a) a summary profit and loss account prepared in accordance with SUP App 2.9.7 R; (b) a summary balance sheet prepared in accordance with SUP App 2.9.8 R; and (c) a statement of solvency prepared in accordance with SUP App 2.9.9 R; and which must identify and explain differences between the actual results and the forecasts submitted in the scheme of operations |
The end of each quarter | Not specified |
SUP App 2.10.1 R (3) | Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- obligations on insurers which have previously submitted a scheme of operations | (a) Explanation of the nature of the departure and the reasons for it and provide revised forecast financial information in the scheme of operations for its remaining term; or (b) an amended scheme of operations and explanation of the amendments and the reasons for them | Any matter which has either happened or is likely to happen and which represents a significant departure from the scheme of operations | Promptly |
- 06/05/2006
SUP Sch 4
Powers exercised
- 01/12/2004
SUP Sch 4.1
See Notes
The following powers and related provisions in or under the Act have been exercised by the FSA to make the rules in SUP: | |
Section 59 (Approval for particular arrangements) | |
Section 118(8) (Market abuse) | |
Section 138 (General rule-making power) | |
Section 139(1) and (4) (Miscellaneous ancillary matters) | |
Section 141 (Insurance business rules) | |
Section 144 (Price stabilising rules) | |
Section 145 (Financial promotion rules) | |
Section 146 (Money laundering rules) | |
Section 147 (Control of information rules) | |
Section 149 (Evidential provisions) | |
Section 150(2) (Actions for damages) | |
Section 156 (General supplementary powers) | |
Section 238(5) (Restrictions on promotion) | |
Section 247 (Trust scheme rules) | |
Section 340 (Appointment) | |
Section 341 (Access to books etc.) | |
Regulation 6(1) of the OEIC Regulations (FSA rules) | |
Article 4(1) of The Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001 The Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001 |
- 16/05/2002
SUP Sch 4.2
See Notes
The following powers and related provisions in or under the Act have been exercised by the FSA to give the guidance in SUP: | |
Section 157(1) (Guidance) | |
Article 11(1) of The Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001 |
- 16/05/2002
SUP Sch 4.3
See Notes
The following powers and related provisions in or under the Act have been exercised by the FSA in SUP to direct or require: | |
Section 51 (Applications under this Part) | |
Section 60 (Applications for approval) | |
Section 148(3) (Modification or waiver of rules) | |
Section 182 (Notification) | |
Section 250(4) and (5) (Modification or waiver of rules) | |
Section 317 (Direction by Authority) | |
Paragraph 5(4) (Notice of Authority) of Schedule 4 (Treaty Rights) | |
Regulation 7(3) and (4) (Modification or waiver of FSA rules) of the OEIC Regulations |
- 01/02/2006
SUP Sch 5
Rights of actions for damages
- 01/12/2004
SUP Sch 5.1
See Notes
1 | The table below sets out the rules in SUP contravention of which by an authorised person may be actionable under section 150of the Act (Actions for damages) by a person who suffers loss as a result of the contravention. |
2 | If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150(or, in certain circumstances, his fiduciary or representative). A "Yes" in the column headed "Removed" indicates that the FSA has removed the right of action under section 150(2)of the Act. If so, a reference to the rule in which it is removed is also given. |
3 | The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person (or his fiduciary or representative). If so, an indication of the type of person by whom the rule is actionable is given. |
- 01/12/2004
SUP Sch 5.2
See Notes
Right of action under section 150 | ||||||
Chapter/Appendix | Section/Annex | Paragraph | ||||
For private person? | Removed? | For other person? | ||||
All rules in SUP with the status letter "E" | No | No | No | |||
3 | 8 | All rules in the section | No | No | No | |
3 | 9 | All rules in the section | No | No | No | |
3 | 10 | All rules in the section | No | No | No | |
4 | 3 | 13 | No | No | No | |
4 | 3 | 20 | No | No | No | |
4 | 4 | 7 | No | No | No | |
4 | 4 | 9 | No | No | No | |
4 | 5 | All rules in the section | No | No | No | |
10 | All rules in sections SUP 10.1 to SUP 10.10 | No | No | No | ||
All other rules in SUP | Yes | No | No |
- 01/12/2004
SUP Sch 6
Rules that can be waived
- 01/12/2004
SUP Sch 6.1
See Notes
The rule in SUP can be waived by the FSA under section 148 of the Act (Modification or waiver of rules), except for: | |
(a) | the rules in the transitional provisions relating to written concessions to the extent that those rules relate to other rules which cannot be waived; |
(b) | the rules in SUP 3.8 to SUP 3.10 (Auditors) and the transitional rules relevant to those rules (and the rules in SUP 3.1 (Application) to the extent that those rules apply to an auditor rather than to a firm); |
(c) | the rules in SUP 4.3 to SUP 4.5 (Actuaries) which apply to an actuary rather than to a firm (and the rules in SUP 4.1 (Application) to the extent that those rules apply to an actuary rather than to a firm); |
(d) | the rules in SUP 10.2 to SUP 10.10 (Approved persons) (and the rules in SUP 10.1 (Application) to the extent that those rules apply or modify the rules in SUP 10.2 to SUP 10.10); |
(e) | the following rules in SUP 13 (Exercise of passport rights by UK firms): SUP 13.5.1 R, SUP 13.5.2 R, SUP 13 Annex 1, SUP 13 Annex 2 and SUP 13 Annex 3. |
- 01/01/2006