1This chapter applies to a firm to which either or both of CASS 6 (Custody rules) and CASS 7 (Client money rules) applies.
In relation to a firm to which CASS 5 (Client money: insurance mediation activity) and CASS 7 (Client money rules) apply, this chapter does not apply in relation to client money that a firm holds in accordance with CASS 5.
The application of certain rules in this chapter depends upon the ‘CASS firm type’ within which a firm falls. The ‘CASS firm types’ are defined in accordance with CASS 1A.2.7 R. The ‘CASS firm type’ within which a firm falls is also used to determine the reporting obligations that apply to it in SUP 16.14 (Client money and asset return).
A firm must once every year, and within the time limit provided for by CASS 1A.2.9R (4), determine whether it is a CASS large firm, CASS medium firm or a CASS small firm according to the amount of client money or safe custody assets which it holds, using the limits set out in the table in CASS 1A.2.7 R.
For the purpose of determining its ‘CASS firm type’ in accordance with CASS 1A.2.7 R, a firm must:
if it currently holds client money or safe custody assets, calculate the higher of the highest total amount of client money and the highest total value of safe custody assets held during the previous calendar year ending on 31 December and use that figure to determine its ‘CASS firm type’;
if it did not hold client money or safe custody assets in the previous calendar year but projects that it will do so in the current calendar year, calculate the higher of the highest total amount of client money and the highest total value of safe custody assets that it projects that it will hold during that year and use that figure to determine its ‘CASS firm type’; but
in either case, exclude from its calculation any client money held in accordance with CASS 5 (Client money: insurance mediation activity).
For the purpose of calculating the value of the total amounts of client money and safe custody assets that it holds on any given day during a calendar year a firm must:
in complying with CASS 1A.2.2R (2)(a), base its calculation upon internal reconciliations performed during the previous year;
in relation to client money or safe custody assets denominated in a currency other than sterling, translate the value of that money or that safe custody assets into sterling at the previous day’s closing spot exchange rate; and
in relation to safe custody assets only, calculate their total value using the previous day’s closing mark to market valuation, or if in relation to a particular safe custody asset none is available, the most recent available valuation.
One of the consequences of CASS 1A.2.2 R is that a firm that determines itself to be a CASS small firm or a CASS medium firm will, at least if it exceeds during the course of a calendar year either of the limits in CASS 1A.2.7 R that applies to it, become in the next calendar year:
in the case of a CASS small firm, a CASS medium firm or a CASS large firm; and
in the case of a CASS medium firm, a CASS large firm.
Notwithstanding CASS 1A.2.2 R, provided that the conditions in (2) are satisfied a firm may elect to be treated:
as a CASS medium firm, in the case of a firm that is classed by the application of the limits in CASS 1A.2.7 R as a CASS small firm; and
as a CASS large firm, in the case of a firm that is classed by the application of the limits in CASS 1A.2.7 R as a CASS medium firm.
The conditions to which (1) refers are that in either case:
the election is made by including it in the notice to the FSA provided under CASS 1A.2.8 R or CASS 1A.2.9 R;
it is given at least one week before the election is intended to take effect; and
the FSA has not objected.
CASS 1A.2.5 R provides a firm with the ability to opt in to a higher category of ‘CASS firm type’. This may be useful for a firm whose holding of client money and safe custody assets is near the upper categorisation limit for a CASS small firm or a CASS medium firm.
CASS firm types
|
CASS firm type |
Highest total amount of client money held during the firm’s last calendar year or as the case may be that it projects that it will hold during the current calendar year |
Highest total value of safe custody assets held by the firm during the firm's last calendar year or as the case may be that it projects that it will hold during the current calendar year |
|
more than £1 billion |
more than £100 billion |
|
|
an amount equal to or greater than £1 million and less than or equal to £1 billion |
an amount equal to or greater than £10 million and less than or equal to £100 billion |
|
|
less than £1 million |
less than £10 million |
In relation to the calendar year ending on 31 December 2011, a firm must notify the FSA in writing:
by 31 January 2011 of the highest total amount of client money and the highest total value of safe custody assets held during the previous calendar year, if it held client money or safe custody assets in that previous year; or
by 31 January 2011 of the highest total amount of client money and the highest total value of safe custody assets that the firm projects that it will hold during 2011, if it did not hold client money or safe custody assets in the previous calendar year but at the date of its notification to the FSA projects that it will do so in 2011; or
in any other case, before the date on which the firm begins to hold client money or safe custody assets, of the highest total amount of client money and the highest total value of safe custody assets that the firm projects that it will hold during the remainder of 2011; and
in every case, of its ‘CASS firm type’ classification.
In relation to each calendar year beginning with that which ends on 31 December 2012, a firm must notify the FSA in writing:
within 15 business days of 31 December of the previous calendar year, of the highest total amount of client money and the highest total value of safe custody assets held during the previous calendar year, if it held client money or safe custody assets in that previous calendar year; or
within 15 business days of 31 December of the previous year, of the highest total amount of client money and the highest total value of safe custody assets that the firm projects that it will hold during the then current calendar year, if it did not hold client money or safe custody assets in the previous calendar year but at the date of its notification to the FSA projects that it will do so in the then current calendar year; or
in any other case,before the date on which the firm begins to hold client money or safe custody assets, of the highest total amount of client money and the highest total value of safe custody assets that the firm projects that it will hold during the remainder of the then current calendar year; and
in every case, of its ‘CASS firm type’ classification.
For the purpose of the annual notification to which CASS 1A.2.8 R and CASS 1A.2.9 R refer, a firm must apply the calculation rule in CASS 1A.2.3 R.
For the purpose of CASS 1A.2.9R (1), the FSA will treat that obligation as satisfied if a firm submits a CMAR for the period or month ending 31 December in compliance with period or month ending 31 December in compliance with SUP 16.14.5 G.
A firm must allocate to a director performing a significant influence function or a senior manager performing a significant influence function responsibility for:
A CASS large firm and a CASS medium firm must not later than 31 January 2011 notify the FSA in writing of the identity of the person to whom responsibility has been allocated in accordance with CASS 1A.3.1 R or, where CASS 1A.2.8R (3) applies, before the date on which that firm begins to hold client money or safe custody assets.
Subject to (2), a firm must make and retain an appropriate record of the person to whom responsibility is allocated in accordance with CASS 1A.3.1 R.
A CASS small firm must make and retain such a record only where it allocates responsibility to a person other than the person in that firm who performs the compliance oversight function.
A firm must ensure that the record made under this rule is retained for a period of five years after it is made.
