Transitional Provisions and Schedules

Part

SUP Supervision manual

Chapter

Transitional Provisions and Schedules

Printed on: 06/11/2024

Rulebook at: 23/07/2010

Transitional Provisions and Schedules

SUP TP 1

Transitional provisions

SUP TP 1.1

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.

SUP TP 1.2

(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

SUP 3.3.2 R (1)

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

SUP 3.9 and SUP 3.10

Expired

SUP 3.9.4 R

Expired

SUP 3.10

Expired

SUP 3.10.6 R, SUP 3.10.7 R

Expired

SUP 3.10

Expired

SUP 4.3.1 R (1) and SUP 4.4.1 R (1)

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

SUP 4

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

[deleted]

4BA

SUP 4.3.16AR (3) and SUP 4.3.16AR (4)

The rules apply in respect of each financial year commencing on or after 1 January 2005.

From 31 December 2004

31 December 2004

[deleted]

SUP 4.3.3 R

If a firm's actuary 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

SUP 8.6.1 G

Expired

SUP 9.4

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.

SUP 10.13.6 R

Expired

SUP 10.4.1 R

(1) An application made under section 60 of the Act received before 31 October 2007 will be taken to relate to the controlled function existing at the date of determination.

From 1 November 2007

(2) The controlled functions CF 13 (finance function), CF 14 (risk assessment function) and CF 15 (internal audit function) are subsumed in the new controlled function CF 28 (systems and controls function) to the extent that they fall within the description of the systems and controls function.

On 1 November 2007

(3) The controlled functions CF 16 (significant management (designated investment business) function), CF 17 (significant management (other business operations) function), CF 18 (significant management (insurance underwriting) function), CF 19 (significant management (financial resources) function) and CF 20 (significant management (settlements) function) are subsumed in the new controlled function CF 29 (significant management function) to the extent that they fall within the description of the significant management function.

On 1 November 2007

(4) The controlled functions CF 21 (investment adviser function), CF 22 (investment adviser (trainee) function), CF 23 (corporate finance adviser function), CF 24 (pension transfer specialist function), CF 25 (adviser on syndicate participation at Lloyd's function), CF 26 (customer trading function) and CF 27 (investment management function) are subsumed in the new controlled function CF 30 (customer function) to the extent that they fall within the description of the customer function.

On 1 November 2007

(1) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the systems and controls function the original grant of approval by the FSA will remain valid in relation to the systems and controls function and no new approval to perform that controlled function will be required.

(2) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the significant management function the original grant of approval by the FSA will remain valid in relation to the significant management function and no new approval to perform that controlled function will be required.

(3) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the customer function the original grant of approval by the FSA will remain valid in relation to the customer function and no new approval to perform controlled function will be required.

Firms are reminded of their obligation under SUP 10.13.16 R to notify the FSA if the firm becomes aware of information which would be reasonably material to the continuing assessment of an approved person's fitness and propriety and in particular their competence to perform a function.

SUP 10.13.6 R (Ceasing to perform a controlled function) and SUP 10.13.3 D (Moving within a firm)

The obligation to submit Form C or Form E does not apply in relation to a person who:
(a) ceases to perform a controlled function because that controlled function ceases to exist on 1 February 2007; or
(b) performs a function which falls within the description of a different controlled function after 1 November 2007 as a result of TP 8AR.

From 1 February 2007 in relation to the sole trader function and 1 November 2007 in all other cases.

SUP 10.6.4 R (2)

(1) This rule deals with a person (a "director") who would otherwise have been performing the director function for a firm under SUP 10.6.4 R (2) on 6 August 2009 but who was not otherwise performing the director function for that firm at that date. This rule only applies if he was not approved at that date to perform the director function for that firm.

(2) Between the dates in column (5), the functions described in SUP 10.6.4 R (2) are not treated as forming part of the director function as respects that firm and that director unless they also fall under SUP 10.6.4 R (1).

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that director and that firm if and when an application is made for the director to perform the director function for that firm and that application is granted.

6 August 2009 to 6 February 2010

6 February 2010

SUP 10.6.8 R (1)(b)

(1) This rule deals with a person (a "non-executive director") who would otherwise have been performing the non-executive director function for a firm under SUP 10.6.8 R (1)(b) on 6 August 2009 but who was not otherwise performing the non-executive director function for that firm at that date. This rule only applies if he was not approved at that date to perform the non-executive director function for that firm.

(2) Between the dates in column (5), the functions described in SUP 10.6.8 R (1)(b) are not treated as forming part of the non executive director function as respects that firm and that non executive director unless they also fall under SUP 10.6.8 R (1)(a).

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that non executive director and that firm if and when an application is made for the non executive director to perform the non-executive director functionfor that firm and that application is granted.

6 August 2009 to 6 February 2010

6 February 2010

SUP 10.9.1 R (2)

(1) This rule deals with a person (a "proprietary trader") who would otherwise have been performing the significant management functionfor a firm under SUP 10.9.10 R (1A) on 6 August 2009 but who was not otherwise performing the significant management function for that firm at that date. This rule only applies if he was not approved at that date to perform the significant management function for that firm.

(2) Between the dates in column (5), the functions described inSUP 10.9.10 R (1A) are not treated as forming significant management function part of the as respects the firm and that proprietary trader unless they also fall under SUP 10.9.10 R (1).

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that proprietary trader and that firm if and when an application is made for the proprietary trader to perform the significant management function for that firm and that application is granted.

6 August 2009 to 6 February 2010

6 February 2010

SUP 10.1.7 R (1)

(1) This rule deals with the application of the director function under SUP 10.1.7 R (1) to a person (a "director") who would otherwise have been performing the director function on 6 August 2009 in an overseas firm which maintains an establishment in the United Kingdom from which regulated activities are carried on (or would have been doing so but for a waiver).

(2) Between the dates in column (5), the functions described in SUP 10.1.7 R (1) are not treated as forming part of the director function as respects that establishment in the United Kingdom, and that director.

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that director and that establishment in the United Kingdom, if and when an application is made for the director to perform the director function for that establishment in the United Kingdom and that application is granted.

6 October 2009 to 6 February 2010

6 February 2010

SUP 10.1.7 R (2)

(1) This rule deals with the application of the non-executive director function under SUP 10.1.7 R (2) to a person (a "non-executive director") who would otherwise have been performing the non-executive director function on 6 August 2009 in an overseas firm which maintains an establishment in the United Kingdom from which regulated activities are carried on (or would have been doing so but for a waiver).

(2) Between the dates in column (5), the functions described in SUP 10.1.7 R (2) are not treated as forming part of the non-executive director function as respects that establishment in the United Kingdom, and that non-executive director.

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that non-executive director and that establishment in the United Kingdom, if and when an application is made for the non-executive director to perform the non-executive director function for that establishment in the United Kingdom and that application is granted.

6 October 2009 to 6 February 2010

6 February 2010

SUP 10.1.7 R (5)

(1) This rule deals with the application of the systems and controls function under SUP 10.1.7 R (5) to persons who would otherwise have been performing the systems and controls function on 6 August 2009 in an overseas firm which maintains an establishment in the United Kingdom from which regulated activities are carried on (or would have been doing so but for a waiver).

(2) Between the dates in column (5), the functions described in SUP 10.1.7 R (5) are not treated as forming part of the systems and controls function as respects that establishment in the United Kingdom and that person.

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that person and that establishment in the United Kingdom, if and when an application is made for that person to perform the systems and controls function for that establishment in the United Kingdom and that application is granted.

6 October 2009 to 6 February 2010

6 February 2010

SUP 12.5.5 R
SUP 12.5.7 R

Expired

SUP 15.8.4 G

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).

SUP 12.5

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

SUP 16.4.5 R
SUP 16.5.5 G

Expired

10A

SUP 16.4
SUP 16.5

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

SUP 16.6
SUP 16.7
SUP 16.8

Expired

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

Expired

12A

SUP 16.7.38 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

(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

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

(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

(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

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

12G

SUP 16.7.7 R; SUP 16.7.9 R; SUP 16.7.11 R; SUP 16.7.16 R; SUP 16.7.20 R; SUP 16.7.24 R; SUP 16.7.26 R; SUP 16.7.28 R; SUP 16.7.35 R; SUP 16.7.57 R; SUP 16.7.62 R; SUP 16.7.65 R; SUP 16.7.73 R;

(1) Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half yearly basis the relevant rule must be read as requiring the first return to be provided in accordance with SUP TR 12HR.
(2) Where a firm is carrying on regulated activities on or before 1 January 2007 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.

From 1 January 2007 - 31 December 2007

1 January 2007

12H

If SUP TR 12G R (1) applies, the firm's first return must be provided as follows:

Accounting reference date (dates inclusive)

Reporting period starts

Reporting period ends

Return to be provided

Between 1 January and 31 March

The day after the accounting reference date within 2007

6 months after the accounting reference date within 2007

30 business days after period end.

Between 1 April and 30 June

1 January 2007

Accounting reference date within 2007

30 business days after period end.

Between 1 July and 30 September

The day after 6 months preceding the accounting reference date within 2007

Accounting reference date within 2007

30 business days after period end.

Between 1 October and 31 December

1 January 2007

6 months before the accounting reference date within 2007

30 business days after period end.

12I

SUP 16.7.54 R

Until 6 September 2006, an authorised professional firm will not contravene SUP 16.7.54 R if it submits to the FSA the annual questionnaire that was contained in SUP 16 Annex 9R immediately prior to 6 July 2006.

6 July 2006 - 6 September 2006

6 July 2006

12J

(1)
SUP 16.7.24 R, SUP 16.7.25 R and 16.7.25A R, SUP 16.7.27 R and 16.7.27A R

A securities and futures firm that is a BIPRU investment firm is not required to submit the Annual Reporting Statement, the Annual Reconciliation and the Consolidated Supervision Return under SUP 16.7.25 R and SUP 16.7.27 R (as appropriate).

1 January 2007 to 31 December 2007

Commencement and 1 January 2007

(2)
SUP 16.7.35 R, SUP 16.7.36 R and SUP 16.7.36A R

An investment management firm that is a BIPRU investment firm is not required to submit the Annual Financial Return, the Consolidated Supervision Return and the Consolidated Financial Resources Return under SUP 16.7.36 R.

1 January 2007 to 31 December 2007

Commencement and 1 January 2007

(3)
SUP 16.7.67 R, SUP 16.7.68 R and SUP 16.7.68A R

A UCITS investment firm is not required to submit the Annual Financial Return and the Consolidated Supervision Return under SUP 16.7.68 R.

1 January 2007 to 31 December 2007

13 February 2004 and 1 January 2007

(4)
SUP 16.7.76 R, SUP 16.7.77 R and SUP 16.7.77A R

A personal investment firm that is a BIPRU investment firm is not required to submit the Consolidated Supervision Return under SUP 16.7.77 R.

1 January 2007 to 31 December 2007

1 April 2005 and 1 January 2007

(5)
SUP 16.7.16 R and SUP 16.7.17 R

A building society will not be required to submit reports MFS1, MFS1 Supp, MFS2 and QFS2 for reporting dates after 1 January 2008

From 1 January 2008

Commencement

12K

SUP 16.7.7 R, SUP 16.7.8 R, SUP 16.7.9 R, SUP 16.7.10 R, SUP 16.7.11 R, SUP 16.7.12 R, SUP 16.7.16 R, SUP 16.7.17 R, SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.26 R, SUP 16.7.27 R, SUP 16.7.28 R, SUP 16.7.29 R, SUP 16.7.35 R, SUP 16.7.36 R, SUP 16.7.54 R, SUP 16.7.54A R, SUP 16.7.57 R, SUP 16.7.58 R, SUP 16.7.62 R, SUP 16.7.63 R, SUP 16.7.65 R, SUP 16.7.66 R. SUP 16.7.73 R, SUP 16.7.74 R, SUP 16.7.75 R, SUP 16.7.76 R and SUP 16.7.77 R,

Solely in respect of information regarding any reversion activity or home purchase activity required to be reported in the RMAR and MLAR, a firm:

1 April 2007 to 31 December 2008

Commencement

(1)

is not required to include such information in respect of the applicable reporting periods (as set out in the relevant provisions in SUP 16.7) ending before 1 October 2007;

(2)

must include such information in respect of reporting periods ending on or after 1 October 2007;

(3)

must include such information under existing mortgage headings (for the RMAR) or loan headings (for the MLAR) as set out in the guidance in SUP 16 Annex 18B and SUP 16 Annex 19B respectively.

12L

(1)
SUP 16.7.7 R, SUP 16.7.8 R, SUP 16.7.8A R , SUP 16.7.16 R, SUP 16.7.17 R, SUP 16.7.17A R , SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.25A R, SUP 16.7.26 R, SUP 16.7.27 R, SUP 16.7.27A R, SUP 16.7.30 R, SUP 16.7.35 R, SUP 16.7.36 R, SUP 16.7.36AR, SUP 16.7.67R, SUP 16.7.68R, SUP 16.7.68AR, SUP 16.7.76R, SUP 16.7.77R, SUP 16.7.77AR

Except to the extent required by a transitional provision in TP12M, a BIPRU firm will not be required to report under these rules in respect of reporting dates after 31 December 2007, but will instead report under SUP 16.12.

1 January 2008 to 1 April 2009

1 January 2008

(2)
SUP 16.7.9 R , SUP 16.7.10 R

Except to the extent required by a transitional provision in TP12M, an EEA Bank, other than one with permission for cross border services only, will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5 R.

1 January 2008 to 1 April 2009

1 January 2008

(3)
SUP 16.12.11 R , SUP 16.7.12 R

Except to the extent required by a transitional provision in TP12M, a bank established outside the EEA will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5 R.

1 January 2008 to 1 April 2009

1 January 2008

(4)
SUP 16.7.62RSUP 16.12.5 R, SUP 16.7.63R

A credit union will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5R.

1 January 2008 to 1 April 2009

1 January 2008

(5)
SUP 16.7.66

An ELMI that is required to report a consolidated reporting statement on capital adequacy in the case of ELM 7.3.2 R in respect of reporting dates after 31 December 2007 will use FSA003 in place of FSA009. FSA003 should be submitted in accordance with SUP 16.12.3R (3).

1 January 2008

(6)
SUP 16.7.82R, SUP 16.7.83R

(1) A firm that is a member of a financial conglomerate:
(a) that is at the head of an FSA regulated EEA financial conglomerate; or
(b) whose Part IV permission contains a relevant requirement; will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.32R and SUP 16.12.33R.
(2) In (1)(b), a relevant requirement is one as set out in SUP 16.7.82R (2).

1 January 2008 to 1 April 2009

1 January 2008

(7)
SUP 16.7.65R, SUP 16.7.66R

An ELMI will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5R.

1 January 2008 to 1 April 2009

1 January 2008

12M

(1)
SUP 16.12.5R

Firms in Regulated Activity Group 1 are not required to submit the following data items:
(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA010
FSA012
FSA013
FSA016
FSA018
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA014
FSA020
FSA021
FSA022
FSA023
FSA024
FSA025
FSA026
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA015
FSA044
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(2)
SUP 16.12.5

UK banks in Regulated Activity Group 1 should not submit FSA017 for reporting dates prior to 31 August 2008.

1 January 2008 to 30 August 2008

1 January 2008

(3)
SUP 16.12.5

A building society in Regulated Activity Group 1:
(i) should not submit FSA017 for reporting dates prior to 31 August 2008.
(ii) should instead submit an 'Analysis of interest rate gap' quarterly, within 15 business days of the quarter end, except in the case of a building society on the "Administered" approach (see IPRU(BSOC) 4 Ann 4A 4A.2) which is not required to submit the 'Analysis of interest rate gap'.
In the case of (ii), reports should be prepared as at the end of March, June, September and December of each year. The 'Analysis of interest rate gap' must be submitted in accordance with TP 12L (4).

1 January 2008 to 30 August 2008

1 January 2008

(4)
SUP 16.12.5

In respect of the transitional reporting requirements in this transitional provision TP12L (3), the report should be submitted in accordance with SUP 16.3.6 R to SUP 16.3.10R.

1 January 2008 to 30 September 2008

1 January 2008

(5)
SUP 16.12.11R

Firms in Regulated Activity Group 3, other than exempt BIPRU commodity firms, are not required to submit the following data items:
(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA039
FSA040
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(6)
SUP 16.12.15R

Firms in Regulated Activity Group 4 are not required to submit the following data items:(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA038
FSA039
FSA040
FSA041
FSA042and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(7)
SUP 16.12.22R

Firms in Regulated Activity Group 7 are not required to submit the following data items:(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(8)
SUP 16.12.25R

Firms in Regulated Activity Group 8 are not required to submit the following data items:
(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA039
FSA040
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(9)
SUP 16.12.11R

Exempt BIPRU commodity firms are not required to submit the following data items for reporting dates:
(i) falling prior to 30 June 2008:
FSA008
(ii) falling prior to 31 August 2008:
FSA001
FSA002
FSA016
FSA018
FSA028
FSA033
FSA038
FSA039
FSA040
FSA041
FSA042

1 January 2008 to 30 August 2008

1 January 2008

(10)
SUP 16.12.11

Exempt BIPRU commodity firms are not required to submit the following data items for reporting dates falling prior to 1 January 2011:
FSA003
FSA004
FSA005
FSA006
FSA007
FSA019

1 January 2008 to 31 December 2010

1 January 2008

(11)
SUP 16.12.5R

(1) A UK bank must submit the following reports for reporting dates falling between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.8R:
BSD3 (unconsolidated, solo consolidated);
BSD3 (consolidated);
LE3 (unconsolidated, solo consolidated);
LE3 (consolidated);
M1 (unconsolidated, solo consolidated); and
M1 (consolidated).
Consolidated reports are only required from UK consolidation groups.
(2) In addition, a UK bank subject to IPRU(BANK) Chapter LS must submit the SLR1 for reporting dates between 1 January 2008 and 31 May 2008 in accordance with the rules set out in SUP 16.7.8R.
(3) Also, a UK bank subject to IPRU(BANK) Chapter LM must submit the LR for reporting dates between 1 January 2008 and 31 March 2008 in accordance with the rules set out in SUP 16.7.8R.

1 January 2008 to 29 June 2008

1 January 2008

(12)
SUP 16.7.9R, SUP 16.7.10R

An EEA Bank, other than one with permission for cross border services only, must submit the LR for reporting dates between 1 January 2008 and 31 March 2008 in accordance with the rules set out in SUP 16.7.10R.

1 January 2008 to 31 March 2008

1 January 2008

(13)
SUP 16.7.11R, SUP 16.7.12R

A bank established outside the EEA must submit:
(a) the LR for reporting dates between 1 January 2008 and 31 March 2008; and
(b) the B7 for reporting dates between 1 January 2008 and 29 June 2008
in accordance with the rules set out in SUP 16.7.12R.

1 January 2008 to 29 June 2008

1 January 2008

(14)
SUP 16.7.16R, SUP 16.7.17R

A building society must submit:
(a) the QFS1 and AFS1 for reporting dates between 1 January 2008 and 29 June 2008; and
(b) the interest rate gap report for reporting dates between 1 January 2008 and 30 August 2008
in accordance with the rules set out in SUP 16.7.17R.

1 January 2008 to 30 August 2008

1 January 2008

(15)
SUP 16.7.24R, SUP 16.7.25R

A securities and futures firm which is a category A or B firm or a broad scope firm, and is a BIPRU investment firm, must submit the large exposures quarterly reporting statement (Form LEM 1 or LEM 2) (consolidated and unconsolidated) and monthly reporting statement for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.25R, except that the monthly reporting statement should be submitted quarterly.

1 January 2008 to 29 June 2008

1 January 2008

(16)
SUP 16.7.26R, SUP 16.7.27R

A securities and futures firm which is a category C or D firm or an arranger or venture capital firm, and is a BIPRU investment firm, must submit the large exposures quarterly reporting statement (Form LEM 1 or LEM 2) (consolidated and unconsolidated) and quarterly reporting statement for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.27R, except that BIPRU 50K firms should submit the quarterly reporting statement half yearly.

1 January 2008 to 29 June 2008

1 January 2008

(17)
SUP 16.7.35R, SUP 16.7.36R

An investment management firm which is a BIPRU investment firm must submit either a quarterly financial return or a monthly financial return (depending on whether the firms is subject to a Liquid Capital Requirement or is an ISD firm subject to the Own Funds Requirement of Euro 730,000) for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.36R, except that BIPRU 50K firms should submit the quarterly financial return half yearly, and BIPRU 730K firms should submit the monthly financial return on a quarterly basis.

1 January 2008 to 29 June 2008

1 January 2008

(18)
SUP 16.7.65R, SUP 16.7.66R

An ELMI must submit the ELM CA/LE (unconsolidated and consolidated) for reporting dates between 1 January 2008 and 30 August 2008 in accordance with the rules set out in SUP 16.7.66R.

1 January 2008 to 30 August 2008

1 January 2008

(19)
SUP 16.7.67R, SUP 16.7.68R

A UCITS firm must submit the Quarterly Financial Return for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.68R.

1 January 2008 to 29 June 2008

1 January 2008

(20)
SUP 16.7.76 R, SUP 16.7.77 R

A firm that was not subject to other reporting requirements in SUP 16.7 (other than in SUP 16.7.76 R and SUP 16.7.77 R) at 31 December 2007, and is a BIPRU firm, must submit sections A, B, C and E of the RMAR and sections A and B of the MLAR for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.77 R, except that the frequency for these sections of the RMAR and MLAR is amended as follows:
(a) for BIPRU 730K firms and BIPRU 125K firms, quarterly; and
(b) for BIPRU 50K firms, half-yearly.

1 January 2008 to 29 June 2008

1 January 2008

(21)
SUP 16.12.23 R

Firms in RAGs 3, 4, 6, 7 and 8 that are required to complete Section J of the RMAR, with an accounting reference date falling between 1 July 2007 and 31 August 2007 inclusive, must additionally report on section J of the RMAR at their half year (i.e. for reporting dates falling between 1 January 2008 and 29 February 2008 inclusive), to be submitted within 30 business days of the half year date.

1 January 2008 to 29 February 2008

1 January 2008

12N

(1)
SUP 16.7.36 R

(1)

Subject to (2), SUP 16.7.36 R does not apply from 6 April 2007 to 30 August 2008 to an investment management firm which:

6 April 2007 to 30 August 2008

6 April 2007

(a)

was not a firm before 6 April 2007; and

(b)

carries on only the activity of establishing, operating or winding up a personal pension scheme.

(2)

Notwithstanding (1), a firm described in (1) with an accounting reference date of between 6 April 2007 and 30 August 2008 (inclusive) must submit a copy of its annual accounts to the FSA in accordance with SUP 16.7.36 R, unless (3) applies. The annual accounts must give a true and fair view of the state of affairs of the firm and of the firm's profit or loss.

12O

(1)

[deleted]

(2)
SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.27 R

A securities and futures firm which is either

1 November 2007 to 31 December 2008

Commencement and 1 November 2007

(1)

an exempt CAD firm, or

(2)

an exempt BIPRU commodity firm to which the requirements of IPRU(INV) Chapter 3 apply

is not required to submit the Annual Reporting Statement and the Annual Reconciliation under SUP 16.7.25 R and SUP 16.7.27 R (as appropriate).

(3)
SUP 16.7.35 R, SUP 16.7.36 R

An investment management firm which is an exempt CAD firm is not required to submit the Annual Financial Return under SUP 16.7.36 R.

1 November 2007 to 31 December 2008

Commencement and 1 November 2007

(4)
SUP 16.7.67 R, SUP 16.7.68 R

A UCITS firm which is an exempt CAD firm is not required to submit an Annual Financial Return under SUP16.7.68R, Note 3.

1 November 2007 to 31 December 2008

13 February 2004 and 1 November 2007

(5)
SUP 16.12.11R, SUP 16.12.12R

An exempt BIPRU commodity firm that does not meet the conditions in BIPRU TP 16 is not required to submit FSA008 for reporting dates prior to 30 June 2008.

1 January 2008 to 29 June 2008

1 January 2008

12P

(1)
SUP 16.7.20R, SUP 16.7.21R, SUP 16.7.21AR, SUP 16.7.21BR, SUP 16.7.26R, SUP 16.7.27R, SUP 16.7.28R, SUP 16.7.29R, SUP 16.7.30R, SUP 16.7.35R, SUP 16.7.36R, SUP 16.7.54R, SUP 16.7.54AR, SUP 16.7.55R, SUP 16.7.56R, SUP 16.7.57R, SUP 16.7.58R, SUP 16.7.67R, SUP 16.7.68R, SUP 16.7.76R, SUP 16.7.77R

Except to the extent required by a transitional provision in TP 12Q, a firm, other than a BIPRU firm, will not be required to report under these rules in respect of reporting dates after 31 December 2007, but will instead report under SUP 16.12.

1 January 2008 to 31 March 2009

1 January 2008

12Q

(1)
SUP 16.12.11R

Firms in Regulated Activity Group 3:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA039
FSA040

(2)

are instead required to report as set out TP 12Q (5).

(2)
SUP 16.12.14R

Firms in Regulated Activity Group 4:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA038
FSA039
FSA040
FSA041
FSA042

(2)

are instead required to report as set out TP 12N (1), TP 12Q (5) or TP 12R (1).

(3)
SUP 16.12.19R

Firms in Regulated Activity Group 6:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA039
FSA040

(2)

are instead required to report as set out TP 12Q (5).

(4)
SUP 16.12.25R

Firms in Regulated Activity Group 8:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA039
FSA040

(2)

are instead required to report as set out TP 12Q (5).

(5)
SUP 16.12.11R, SUP 16.12.14R, SUP 16.12.19R, SUP 16.12.25R

(1)

A securities and futures firm that is:

1 January 2008 to 30 August 2008

1 January 2008

(a)

not a BIPRU firm, an exempt CAD firm or an exempt BIPRU commodity firm must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G;

(b)

an exempt CAD firm must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G;

(c)

an exempt BIPRU commodity firm (to which the requirements of IPRU(INV) Chapter 3 apply) must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G;

(2)

except in the case of an investment management firm that is not a BIPRU firm, is not an exempt CAD firm and is authorised by the FSA after 5 April 2007, an investment management firm that is:

(a)

neither a BIPRU firm nor an exempt CAD firm must submit the quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R;

(b)

an exempt CAD firm must submit the quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R, and FSA043 in the manner and to the timescale set out in SUP 16.7.36BR;

(3)

a UCITS firm:

(a)

other than an exempt CAD firm must submit the Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R;

(b)

that is an exempt CAD firm must submit the Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R and FSA043 in the manner and to the timescale set out in SUP 16.7.68BR; and

(4)

a firm that satisfies the criteria in SUP 16.7.76R and is:

(a)

neither a BIPRU investment firm nor an exempt CAD firm must submit the RMAR and MLAR in the manner and to the timescales set out in SUP 16.7.77R;

(b)

that is an exempt CAD firm must submit the RMAR and MLAR in the manner and to the timescales set out in SUP 16.7.77R and FSA043 in the manner and to the timescale set out in SUP 16.7.77BR.

12R

(1)

[deleted]

(2)
SUP 16.12.11R

An exempt BIPRU commodity firm that, at the reporting date for large exposures data item FSA008, satisfies the conditions of BIPRU TP 16 is not required to submit FSA008 for that reporting date.

30 June 2008 to 31 December 2010

30 June 2008

12S

(1)
SUP 16.12.15, SUP 16.12.16, SUP 16.12.17

In the case of an exempt BIPRU commodity firm that is subject to the requirements of IPRU(INV) Chapter 3, it is required to submit the capital adequacy data item FSA033 in the manner and to the frequency and timescales set out for firms other than BIPRU firms that are subject to IPRU(INV) Chapter 3 in SUP 16.12.15R to SUP 16.12.17R.

1 January 2009 to 31 December 2010

1 January 2009

12T

SUP 16.12.5 R to SUP 16.12.7 R;

SUP 16.12.10 R to SUP 16.12.17 R;

SUP 16.12.22 R to SUP 16.12.27 R

(1)

This rule deals with:

As set out in column (4)

(a) the date (the "start date") on which the requirements (the "new requirements") relating to data items FSA047 to FSA055 (inclusive) (the "new data items") made by the Supervision Manual (Integrated Regulatory Reporting of Liquidity for Banks, Building Societies and Investment Firms) Instrument 2009 (the "instrument") begin;

(b) the date on which the requirements relating to data items FSA010 and FSA013 end; and

(2)

The start date for reporting on a solo basis for a firm that as at 30 November 2009 or, as the case may be, 1 December 2009, or as the case may be, 30 November 2009 and 1 June 2010, falls into one of the classes covered by BIPRU TP 26.2 (Transitional rules for quantitative aspects of BIPRU 12 that apply to all firms to which BIPRU 12 applies) is the day immediately following the last day on which that transitional provision is in force as specified in column (5) of BIPRU TP 26.2.

(3)

The start date for reporting on a solo basis for other firms (other than a non-ILAS BIPRU firm) is 1 December 2009.

(4)

The reporting period for the first report on a solo basis for non-ILAS BIPRU firms ends on 31 December 2010.

(5)

Reporting on the basis of a defined liquidity group applies for all reporting periods beginning on or after 1 November 2010.

(6)

For a firm falling into paragraph (2), the following start dates apply to the following data items.

(a) The date for data items FSA047, FSA048 and FSA052 is 1 June 2010.

(b) The date for data items FSA050, FSA051, FSA053 and FSA054 is 1 November 2010.

(7)

For a firm falling into paragraph (3), the following start dates apply to the following data items.

(a) The date for data items FSA047 and FSA048 is 1 December 2009.

(b) The date for data item FSA052 is 1 June 2010.

(8)

If the start date under paragraphs (6) or (7) (taking into account paragraph (9)) falls before the start date in paragraphs (2) or (3), the dates in paragraphs (2) or (3) apply. However if the start date in paragraphs (6) or (7) (taking into account paragraph (9)) fall after the dates in paragraphs (2) or (3), the start dates in paragraphs (6) or (7) apply.

(9)

If the start date for a new data item occurs part of the way through what would have been a reporting period for that data item under SUP 16.12 if the relevant part of SUP 16.12 had been in force, the first reporting period for that data item begins on the first day ("the first day") of what would have been that reporting period (as specified in SUP 16.12), even though the first day falls before the start date. The time for submission of the data item and the length of the reporting period are calculated as if the new requirements relating to that data item had been in force from the first day.

(10)

(a) The requirements relating to data items FSA010 and FSA013 are as follows.

(b) If a firm does not fall into RAG 1 as at 30 November 2009, it does not have to submit these data items.

(c) Otherwise, the last reporting period for the data item concerned ends on the first date when the start date for that firm in relation to both data item FSA047 and FSA048 has occurred. That last reporting period for data item FSA010 or FSA013 is shortened accordingly if necessary.

(d) Any notes in SUP 16.12 relating to those data items continue in force as long as required by (a) to (c).

(11)

The changes to data item FSA011 only take effect with respect reporting periods beginning on or after the commencement date for those changes as specified in the instrument (1 October 2010).

12U

SUP 16.12.5 R to SUP 16.12.7 R; SUP 16.12.10 R to SUP 16.12.17 R; SUP 16.12.22 R to SUP 16.12.27 R

The effect of paragraph 12T is that a firm which becomes an ILAS BIPRU firm or non-ILAS BIPRU firm after 1 December 2009 and before the end of the transitional period which would otherwise have applied will be expected to comply with the requirements listed in column (2) from the date on which it becomes either an ILAS BIPRU firm or a non-ILAS BIPRU firm (as the case may be). However such a firm does have the benefit of the delayed start dates as specified in paragraphs (4), (5) and (7) of paragraph 12T.

12V

SUP 16.12.5 R to SUP 16.12.7 R; SUP 16.12.10 R to SUP 16.12.17 R; SUP 16.12.22 R to SUP 16.12.27 R

An example of how paragraph 12T(6) and (9) work is as follows. Say that the start date for a firm under paragraph 12T(2) is 1 June 2010. If the firm reports data item FSA047 weekly, the first reporting period for that data item starts on Saturday 29 May 2010 and ends on Friday 4 June 2010. It has to be submitted to the FSA by 2200 on Monday 7 June.

12W

SUP 16.12.5 R to SUP 16.12.7 R

If BIPRU TP 30.4 R (Liquidity floor for certain banks) applies to a firm the regulatory intervention point mentioned in that rule is added to the list in paragraph (a) of the definition of firm-specific liquidity stress in the case of that firm for as long as BIPRU TP 30.4 R applies to it.

For as long as BIPRU TP 30.4 R applies to the firm

At the end of period set out in column (5)

SUP 16.8

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

13A

(1)
SUP 3.1.2 R

In relation to an investment management firm which carries on only the activity of establishing, operating or winding up a personal pension scheme and which is authorised by the FSA after 6 April 2007, SUP 3.9 will not apply to the firm's auditor.

6 April 2007 to 31 December 2008

6 April 2007

SUP 16.8

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

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

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

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

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

[deleted]

15A

Rules in SUP 20

Expired

15B

Transitional ruleSUP 15A

Expired

15C

The Supervision manual (SUP)

A regulated sale and rent back firm need not comply with the rules in this sourcebook to the extent that they carry on regulated sale and rent back activity, provided that within a period of 3 months after submitting an application for interim authorisation in accordance with article 32 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order (SI 2009/1342), and every 6 months after such date until 30 June 2010, they provide to the FSA for the relevant period the following information:
(a) management accounts for the firm, including a balance sheet, profit/loss statement and management report;
(b) details of the firm's funding arrangements; and
(c) where the firm is a SRB agreement provider, the number of regulated sale and rent back agreements it has entered into in that period, distinguishing between direct sales (both advised and non-advised) and indirect sales (advised and non-advised).

1 July 2009 to 30 June 2010

1 July 2009

15D

SUP 16

A regulated sale and rent back firm need not comply with the rules in SUP 16 to the extent that they carry on regulated sale and rent back activity. A regulated sale and rent back firm must instead:

(a) within a period of 3 months from becoming authorised (for previously unauthorised persons); or

(b) according to their existing reporting schedules (for firms that previously held an interim authorisation or interim variation of permission in accordance with article 32 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order (SI 2009/1342) or hold a Part IV permission to carry on regulated sale and rent back activity as a result of having made a variation of permission application that has been approved by the FSA);

and every 6 months after such date until 30 June 2011 (unless otherwise advised by the FSA), provide to the FSA for the relevant period the following information:

(i) management accounts for the firm, including a balance sheet, profit/loss statement and management report;

(ii) details of the firm's funding arrangements; and

(iii) where the firm is a SRB agreement provider, the number of regulated sale and rent back agreements it has entered into in that period, distinguishing between direct and indirect sales.

If a firm does not submit a complete report by the date on which it is due in accordance with this transitional provision, the firm must pay an administrative fee of £250.

30 June 2010 to 29 June 2011

30 June 2010

Paragraphs 1 to 15

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.

SUP 20.4.4 R (4)

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

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

SUP TP 1.3

Transitional provisions relating to written concessions

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.

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.

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)).

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).

An existing written concession is not carried forward if, and to the extent that, doing so would be inconsistent with any EU law obligation of the United Kingdom, in particular with the proper implementation of a directive.

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 in IPRU(INV), those identified as designated rules in the schedule to IPRU(INV) entitled "Powers exercised".

[deleted]

Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 4 of the table.

SUP TP 1.4

(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

Rules in: IPRU, SUP 16.6 and SUP 16.7

(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);

(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 EU law obligation of the United Kingdom.

Rules in: IPRU, SUP 16.6 and SUP 16.7

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.

Rules in: IPRU, SUP 16.6 and SUP 16.7

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

Rules in: IPRU, SUP 16.6 and SUP 16.7

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.

SUP TP 1.5

(1)

A firm may, in the written contract with its introducer appointed representative, extend the scope of appointment to include:

(a)

receiving and forwarding to an insurer or insurance intermediary an application by a customer for a connected travel insurance contract together with any associated documentation; and

(b)

receiving client money from a customer in respect of a connected travel insurance contract, and holding that client money.

(2)

The extension of the scope of the appointment must apply only where the receipt of an application or of client money results from documentation given to a customer, where the deadline for submission of this documentation to the publishers for publishing was on or before 15 November 2008.

(3)

This rule applies until 31 December 2009.

30/06/2010

SUP Sch 1

Record keeping requirements

31/12/2004

SUP Sch 1.1

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

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

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, other than in respect of tied agents when period is five years.

SUP 12.9.5 R

EEA tied agents

If a UK MiFID investment firm appoints an EEA tied agent the record keeping requirements in SUP 12.9 applies to that firm as though the EEA tied agent were an appointed representative.

(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 providedcross-border into, another EEA State under an EEA right

Not specified

Five years (for firms passporting under MiFID) or three years (for other firms) from earlier of:(1) record being superseded;

(2) The details relating to those services or activities (as set out in SUP 13.6 and SUP 13.7).

(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

01/11/2007

SUP Sch 2

Notification requirements

01/12/2004

SUP Sch 2.1

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

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 3.10

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.

A reasonable time

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 the relevant 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.

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 share options, 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;

(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 MiFID 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;
(d) if the close link is with an individual, his date and place of birth; and
(e) group organisation chart (required only quarterly if the firm has elected to report monthly).

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) if the firm appoints a tied agent and the tied agent is not included in the Register (see SUP 12.4.11 R), before; or
(3) (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 (1A)

Appointed representatives - commencing as tied agent.

That fact.

Change of scope of tied agent's appointment.

Notification must be made prior to tied agent acting.

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 conditions representative: (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

(3) the firm has adequate:
(a) controls over the appointed representative's regulated 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)).

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 12.7.9 R

EEA tied agents.

If a UK MiFID investment firm appoints an EEA tied agent the notification requirements in SUP 12.7 apply to that firm as though the EEA tied agent were an appointed representative.

SUP 12.8.6 R

EEA tied agents.

If a UK MiFID investment firm appoints an EEA tied agent the notification requirements in SUP 12.8 apply to that firm as though the EEA tied agent were an appointed representative.

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.

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 13.5.1A R

UK pure reinsurer establishing a branch in another EEA State.

(a) the address of the branch
(b) the name of the firm's authorised agent
(c) whether the firm will be, or is, carrying on life or non-life reinsurance business, or both
(d) confirmation that the firm fulfils the solvency requirements of the Reinsurance Directive.

Decision to establish a branch in other EEA State.

Whenever possible, as soon as the information specified in SUP 13 Annex 1 R is known by the firm.

SUP 13.6.5 G (1)

Changes to branches (Firms passporting under the UCITS Directive and Banking Consolidation Directive).

Details of proposed change.

Change in circumstances within control of UK firm.

Before making change.

SUP 13.6.5B G

Changes to branches (Firms passporting under MiFID).

Details of proposed change.

Change in circumstances, including using for the first time or ceasing to use a tied agent established in the EEA State in which the branch is established.

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(not firms passporting under MiFID).

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 the UCITS 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 13.7.3B G

Firms passporting under MiFID (cross-border services): Change in program of operations, or activities to be carried on under its EEA right.

Details of proposed change.

Change in activities to be carried on, using for the first time or ceasing to use a tied agent.

Before making 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 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 14.2.11 G

Changes to UK branch details for EEA MiFID investment firms.

Details of proposed change.

Changes to branch details.

Before making the change.

SUP 14.3.3 G

Changes to cross border services (firms passporting under the UCITS 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 14.3.3A G

Incoming EEA firm passporting under MiFID.

Details of the proposed change to cross-border services.

Change in details.

Before the change.

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;

(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, appointed representatives: , or tied agents
(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

(9) anything equivalent to (1) to (8) above in respect of the firm in a jurisdiction outside the UK.

SUP 15.3.23 D

Any matter likely to be of material concern in relation to the FSA which may have arisen in relation to:

Details of the matters arisen.

The Society becomes aware.

Immediately.

(1) the regulated activities for which the Society has permission; or

(2) underwriting agents; or

(3) approved persons or individuals acting for or on behalf of underwriting agents.

SUP 15.3

Commencement, continuation and cessation of relevant investigations and disciplinary proceedings

Commencement, continuation and cessation of relevant investigations and disciplinary proceedings listed in SUP 15.3.24 D and SUP 15.3.25 D.

Commencement of proceedings.

Not specified.

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 SYSC 4.2.2 R ;
(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 HMRC allocated CTFs.

Whether it intends to offer HMRC 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 15.8.9 R

Default by counterparty on its obligations in a transaction of a type specified in SUP 15.8.9 R.

The fact of the default.

Default by counterparty on its obligations in a repurchase agreement or reverse repurchase agreement or securities or commodities lending or borrowing transaction.

Immediately.

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.

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;
(d) if the close link is with an individual, his date and place of birth; and
(e) 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 - trustee of 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 G ;

(b) price units in the AUT in accordance with COLL 6, where the pricing error was:

(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 issue or 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 G

(b) price shares in the ICVC in accordance with COLL 6, 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.

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 16.8

Reporting - persistency reports from insurers

Persistency report. The report must report on every life policy which was promoted subject to rules in COB or COBS, 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 16.13.3 D to SUP 16.13.4 D

Reporting - authorised payment institution

FSA056 Capital Adequacy Return

Annually

30 business days

SUP 16.13.3 D to SUP 16.13.4 D

Reporting - small payment institution

FSA057 Payment Services Directive Transactions

Annually

1 month

SUP 17

Transaction reporting This applies to (a) a MiFID investment firm; (b) a third country investment firm; (c) a person who is the operator of an approved reporting mechanism or of a regulated market or MTF that is used by a firm to report transactions to the FSA; or (d) a firm acting in its capacity as a manager or operator of a collective investment undertaking, pension scheme, occupational pension scheme, a personal pension scheme or a stakeholder pension scheme.

A transaction report as specified in SUP 17.1.4 R, SUP 17.4.1 EU and SUP 17.4.2 R.

Executing a transaction, subject to the exceptions in SUP 17.2.1 R and SUP 17.2.3 R.

As quickly as possible and by not later than the close of the working day following the day upon which that transaction took place.

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

[deleted]

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

23/07/2010

SUP Sch 4

Powers exercised

01/12/2004

SUP Sch 4.1

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 178 (Obligation to notify the Authority: acquisitions of control)

Section 191D (Obligation to notify the Authority: dispositions of control)

Section 238(5) (Restrictions on promotion)

Section 247 (Trust scheme rules)

Section 293 (Notification requirements)

Section 318(1) (Exercise of powers through Council)

Section 340 (Appointment)

Section 341 (Access to books etc.)

Paragraph 17(1) (Fees) of Schedule 1 (The Financial Services Authority)

Regulations 6(1) (FSA rules) and 12 (applications for authorisation) of the OEIC Regulations

Article 4(1) of the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Rules) Order 2001 (SI 2001/1534)

06/01/2010

SUP Sch 4.2

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 (SI 2001/1534)

06/10/2009

SUP Sch 4.3

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 316 (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

06/10/2009

SUP Sch 4.4

The following additional powers and related provisions have been exercised by the FSA to give the directions and make the guidance in SUP:

Regulation 82 (Reporting requirements) of the Payment Services Regulations

Regulation 93 (Guidance) of the Payment Services Regulations

23/07/2010

SUP Sch 5

Rights of actions for damages

01/12/2004

SUP Sch 5.1

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.

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.

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

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"

All rules in the section

All rules in sections SUP 10.1 to SUP 10.10

All other rules in SUP

Yes

01/12/2004

SUP Sch 6

Rules that can be waived

01/12/2004