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FEES 1.1 Application and Purpose

FEES 1.1.1 G RP

1 51 FEES applies to all persons required to pay a fee or levy under a provision of the Handbook. The purpose of this chapter is to set out to whom the rules and guidance in FEES apply. FEES 2 (General Provisions) contains general provisions which may apply to any type of fee payer. FEES 3 (Application, Notification and Vetting Fees) covers one-off fees payable on a particular event for example various application fees (including those in relation to authorisation, variation of Part IV permission, listing and the Basel Capital Accord) and fees relating to certain notifications and document vetting requests. FEES 4 (Periodic fees) covers all periodic fees and transaction reporting fees. FEES 5 (Financial Ombudsman Service Funding) relates to FOS levies and case fees and FEES 6 (Financial Services Compensation Scheme Funding) relates to the FSCS levy. FEES 7 relates to the CFEB levy.9

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Application

FEES 1.1.2 R RP

This manual applies in the following way:

  1. (1)

    FEES 1, 2 and 3 apply to:

    1. (a)

      every applicant for Part IV permission (including an incoming firm applying for top-up permission);

    2. (b)

      every Treaty firm that wishes to exercise a Treaty right to qualify for authorisation under Schedule 4 to the Act (Treaty rights), except those providing cross border services only,2 in respect of regulated activities for which it does not have an EEA right;

    3. (c)

      every applicant for a certificate under article 54 of the Regulated Activities Order;

    4. (d)

      every applicant for an authorisation order for, or for recognition of, a collective investment scheme;

    5. (e)

      every operator of a scheme making a notification under section 264 or section 270 of the Act;

    6. (f)

      every person seeking to become a designated professional body;

    7. (g)

      every applicant for recognition as a recognised body under Part XVIII of the Act (Recognised investment exchanges and clearing houses);

    8. (h)

      every applicant for listing (under the listing rules);

    9. (i)

      every applicant for approval as a sponsor (under the listing rules);

    10. (j)

      every issuer (under the listing rules) of tranches from debt issuance programmes and securitised derivative tranches;

    11. (k)

      every issuer (under the listing rules) involved in specific events or transactions during the year where documentation is subject to transaction vetting by the FSA;

    12. (l)

      under the prospectus rules every issuer, offeror or person requesting approval or vetting of the documents arising in relation to specific events or transactions that it might be involved in during the year;

    13. (m)

      every applicant to be listed as a designated investment exchange;

    14. (n)

      every firm applying for variation of its Part IV permission;

      4
    15. (o)

      every firm applying for or being concerned in an application for permission to use an advanced prudential calculation approach or guidance on the availability of such a permission 3(including any future proposed 3amendments to those approaches);543

      345
    16. (p)

      every firm or person referred to in category (u) of Column 1 of FEES 3.2.7 R;54

      5
    17. (q)

      every applicant applying for authorisation as an authorised payment institution or registration as a small payment institution under the Payment Services Regulations;

      65
    18. (r)

      every applicant for variation of its authorisation or registration under the Payment Services Regulations; and65

      6
    19. (s)

      every insurer applying for a ceding insurer's waiver.6

  2. (2)

    FEES 1, 2 and 4 apply to:

    1. (a)

      every firm (except ICVC or UCITS qualifier);

    2. (b)

      every manager of an authorised unit trust;

    3. (c)

      every ACD of an ICVC;

    4. (d)

      every person who, under the constitution or founding arrangements of a recognised scheme, is responsible for the management of the property held for or within the scheme;

    5. (e)

      every designated professional body;

    6. (f)

      every recognised body;

    7. (g)

      under the Listing Rules every issuer of shares, depositary receipts and securitised derivatives;

    8. (h)

      under the Listing Rules (LR) 7every sponsor;

      7
    9. (i)

      under the Disclosure Rules and Transparency Rules (DTR)7 every issuer of shares, depositary receipts and securitised derivatives; and7

    10. (j)

      every fee-paying payment service provider.7

  3. (3)

    FEES 1, 2 and 5 apply to:

    1. (a)

      every firm and fee-paying payment service provider7which is subject to the Compulsory Jurisdiction of the Financial Ombudsman Service; and

    2. (b)

      every other person who is subject to the Compulsory Jurisdiction in relation to relevant complaints.

  4. (4)

    FEES 1, 2 and 6 apply to:

    1. (a)

      every participant firm other than a person with an interim RSRB permission (and no other permissions) because he has submitted an application for interim permission in accordance with article 32(1) of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (SI 2009/1342) and that permission has been given;8

    2. (b)

      the FSCS; and

    3. (c)

      the Society.

  5. (5)

    FEES 1, 2 and 7 apply to:

    1. (a)

      every person having a Part IV permission;

    2. (b)

      an incoming EEA firm;

    3. (c)

      an incoming Treaty firm;

    4. (d)

      the Society.the Society;

FEES 1 , 2 and 7 do not apply to an incoming EEA firm or an incoming Treaty firm that has not established a branch in the United Kingdom.9

FEES 1.1.3 G RP

The relevant provisions of FEES 5 and FEES 2 are applied to VJ participants by the standard terms (see DISP 4).

Purpose

FEES 1.1.4 G RP

The purpose of this manual is to set out the fees applying to the persons set out in FEES 1.