ELM 1.5 Application of other parts of the Handbook to ELMIs

High level standards

Principles for businesses (PRIN)

Applies to every ELMI. As explained in PRIN 1.1.3 G, the Principles apply with respect to regulated activities generally, but, in applying the Principles with respect to issuing e-money, the FSA will proceed only in a prudential context.

Threshold conditions (COND)

Applies to every ELMI. Threshold condition 1 says that a firm that wishes to issue e-money must be a body corporate or a partnership. (See COND 2.1 for more detail.)

Statements of principle and code of practice for approved persons (APER)

Applies to every approved person who performs a controlled function for an ELMI.

The fit and proper test for approved persons (FIT)

Applies in relation to the criteria that the FSA will consider when assessing the fitness and propriety of a candidate for a controlled function to be performed for an ELMI. It is also relevant in assessing the continuing fitness and propriety of approved persons carrying on such a controlled function.

Senior management arrangements, systems and controls (SYSC)

SYSC 1 (Application and purpose), SYSC 2 (Senior management arrangements), SYSC 3 (Systems and controls), SYSC 12.1 (Group risk systems and control requirement) and SYSC 18 (Guidance on Public Interest Disclosure Act: Whistleblowing) apply13 to every ELMI.

General provisions (GEN)

Applies to every ELMI.

Business Standards

Interim Prudential sourcebooks: IPRU(INS), IPRU(FSOC), IPRU(BANK), IPRU(BSOC) and IPRU(INV)

These sourcebooks do not apply to ELMIs.

13Prudential sourcebook for Banks, Building Societies and Investment Firms (BIPRU)

ELM 7 (Consolidated financial supervision) applies BIPRU 8 (Group risk-consolidation) to certain ELMIs who are members of a group.13

General Prudential sourcebook (GENPRU)13

GENPRU 1.4 (Actions for damages), GENPRU 3.1 (Cross sector groups), GENPRU 3.2 (Third country groups), GENPRU 3 Ann 1R (Capital adequacy calculations for financial conglomerates), GENPRU 3 Ann 2R (Prudential rules for third country groups), GENPRU 3 Annex 3G (Financial conglomerates: Cooperative decision making by competent authorities and consultation) and GENPRU 3 Ann 4R (Classification of groups) apply to an ELMI.13

13Other sourcebooks in Prudential Standards (Block 2): Prudential sourcebook for Insurers (INSPRU), Prudential sourcebook for Mortgage and Home Finance Firms, and Insurance Intermediaries (MIPRU) and Prudential sourcebook for UCITS Firms (UPRU)

These sourcebooks do not apply to ELMIs.

Market Conduct (MAR)

MAR 1 (The Code of Market Conduct) applies if an ELMI is seeking guidance as to whether or not behaviour amounts to market abuse. MAR 2 (Price Stabilising Rules), MAR 3 (Inter-Professional Conduct) and MAR 4 (Endorsement of the Takeover Code) do not apply to an ELMI when issuing e-money. MAR 5 (Alternative Trading Systems) will not apply to an ELMI, as there are restrictions on the type of business activities that an ELMI may carry on.2

Conduct of Business sourcebook (COB)

The effect of :7

(1) ELM 6.8.2A R is that COB 2.6 (General provisions in relation to distance contracts) applies;7

(2) ELM 1.4A.5 R is that COB 6.7.47R; COB 6.7.48R and COB 6.7.51R to COB 6.7.53R apply; and

7

(3) ELM 6.8.2A R is that COB 6.4.25 R (Entering into a distance contract for accepting deposits) applies in relation to distance contracts concluded with retail customers as if references to 'accepting deposits' and 'deposits' were references to 'issuing e-money' and 'e-money' respectively. 7

Otherwise, COB does not apply to an ELMI when issuing e-money. As explained in PERG 317, the rules in COB about financial promotions do not usually apply to e-money, but may do so in certain situations.7

Insurance: Conduct of Business sourcebook (ICOB)9

Does not apply to an ELMI when issuing e-money9

Mortgages: Conduct of Business sourcebook (MCOB)3

Does not apply to an ELMI when issuing e-money

Client Assets sourcebook (CASS)

Does not apply to an ELMI when issuing e-money.4

Training and Competence Sourcebook (TC)

TC 1 (Commitments) applies to ELMIs. TC 2 (Rules and Guidance) applies to a firm whose employees carry on activities listed in TC 2.1.4 R. Those activities do not include issuing e-money.12

Regulatory processes

17Supervision manual (SUP)

The following chapters of SUP apply to every ELMI: 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 15, 16 and 20. The following chapters of SUP do not apply to an ELMI: 4, 12, 14, 17, 18 and 19.

Decision, Procedure and Penalties Manual (DEPP)16

Applies to every ELMI.

Redress

Complaints (DISP)

Applies to every ELMI.

Compensation (COMP)

An ELMI is not a participant firm for the purposes of COMP in relation to issuing e-money. Under article 9J of the Regulated Activities Order, the compensation scheme is not to provide for the compensation of persons in respect of claims made in connection with issuing e-money.

Complaints against the FSA (COAF)

Applies to every ELMI.

Specialist sourcebooks other than ELM

Credit unions (CRED), Professional firms, (PROF), Collective Investment Schemes (CIS) or COLL)6 and Recognised Investment Exchanges and Recognised Clearing Houses (REC).

These sourcebooks do not apply to an ELMI.

E-Commerce Directive sourcebook (ECO)

Applies to every ELMI that carries on electronic commerce activities. Also applies to every ELMI in relation to a financial promotion which is an outgoing electronic commerce communication.1

Listing, Prospectus and Disclosure11

Listing Rules (LR)

May apply if the ELMI is applying for listing in the United Kingdom or is a listed issuer in the United Kingdom.

Prospectus Rules (PR)

May apply if the ELMI makes an offer of transferable securities to the public in the United Kingdom or is seeking the admission to trading of transferable securities on a regulated market situated or operating in the United Kingdom.

Disclosure Rules and Transparency Rules (DTR)

May apply if the ELMI is an issuer, any class of whose financial instruments have been admitted to trading on a regulated market, or are the subject of an application for admission to trading on a regulated market, other than issuers who have not requested or approved admission of their financial instruments to trading on a regulated market.5