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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 4A 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 (in FEES 5.5AFEES 6 (Financial Services Compensation Scheme Funding) relates to the FSCS levy. FEES 7 relates to the CFEB levy.9

3 13 52
FEES 1.1.1A G RP

15 FEES App 1 Annex 1 applies to all persons required to pay a fee or any other amount to the FCA under the Unauthorised Mutuals Registration Fees Rules, as made by the Fees (Unauthorised Mutual Societies Registration) Instrument 2002 (FSA 2002/4) and amended from time to time.

FEES 1.1.1B G RP

23 FEES 9 (Payment System Regulator Funding) relates to PSR fees.

FEES 1.1.1C G RP

24 FEES 10 (Pensions guidance levy) relates to the pensions guidance levy.

FEES 1.1.1D G RP

25 FEES 11 (Pensions guidance providers’ levy) relates to the pensions guidance providers’ levy.

Application

FEES 1.1.2 R RP

This manual applies in the following way:

  1. (1)

    FEES 1, 2 and 3 apply to the fee payers listed in column 1 of the Table of application, notification and vetting fees in FEES 3.2.7 R. and FEES 3.2.7A R.50

    10
    1. (a)

      [deleted]10

      10
    2. (b)

      [deleted]10

      10
    3. (c)

      [deleted]10

      10
    4. (d)

      [deleted]10

      10
    5. (e)

      [deleted]10

    6. (f)

      [deleted]10

      10
    7. (g)

      [deleted]10

      10
    8. (h)

      [deleted]10

      10
    9. (i)

      [deleted]10

      10
    10. (j)

      [deleted]10

      10
    11. (k)

      [deleted]10

      10
    12. (l)

      [deleted]10

      10
    13. (m)

      [deleted]10

      10
    14. (n)

      [deleted]10

      4
    15. (o) 3345410

      [deleted]10

    16. (p) 55410

      [deleted]10

    17. (q) 6510

      [deleted]10

    18. (r) 66510

      [deleted]10

    19. (s)

      [deleted]10

      10
  2. (2)

    FEES 1, 2 and 4 apply to:

    1. (a)

      every firm (except an AIFM qualifier,18ICVC or UCITS qualifier);

    2. (b)

      every authorised fund manager17 of an authorised unit trust or authorised contractual scheme;

      171717
    3. (c)

      every ACD of an ICVC;

    4. (d)

      every person who, under the constitution or founding arrangements of a recognised scheme19, is responsible for the management of the property held for or within the scheme;

      19
    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;7

      14
    10. (j)

      every fee-paying payment service provider;12

    11. (k)

      every fee-paying electronic money issuer;1412

      1420
    12. (l)

      14every issuer of a regulated covered bond;20

    13. (m)

      20every AIFM applying to become a small registered UK AIFM and every small registered UK AIFM;22

    14. (n)

      21every AIFM notifying the FCA under regulation 57, 58 and 59 of the AIFMD UK regulation and every AIFM which has made such a notification; and22

    15. (o)

      each of the following that makes transactions reports directly to the FCA under SUP 17 (Transaction reporting):22

      1. (i)

        a firm;

      2. (ii)

        a third party acting on a firm's behalf;

      3. (iii)

        an approved reporting mechanism;

      4. (iv)

        an operator of a regulated market; and

      5. (v)

        an operator of an MTF.

  3. (3)

    FEES 1, 2 and 5 apply to:

    1. (a)

      every firm (except to the extent it is bidding in emissions auctions),16fee-paying payment service provider and fee-paying electronic money issuer12 which 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;11

      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 4A permission;

    2. (b)

      an incoming EEA firm;

    3. (c)

      an incoming Treaty firm;

    4. (d)

      the Society;12

    5. (e)

      every fee-paying payment service provider except the Bank of England, government departments and local authorities;12

    6. (f)

      every fee-paying electronic money issuer except the Bank of England, government departments, local authorities, municipal banks and the National Savings Bank.12

  6. (6)

    15FEES App 1 Annex 1 applies to every:

    1. (a)

      registered society; or

    2. (b)

      sponsoring body; or

    3. (c)

      person who submits a proposal for the registration of a registered society;

      each as defined in FEES Appendix 1.

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

The application statement at FEES 1.1.2R (3) does not apply to

FEES 5.5A , FEES 5 Annex 2R or FEES 5 Annex 3R.1352

FEES 1.1.2A R RP

23 FEES 1 and FEES 9 apply

to an operator of a regulated payment system.

FEES 1.1.3 G RP

The application of FEES 5.5A and FEES 5 Annex 3R is set out in FEES 5.5A.1 R. 1352 The relevant provisions of FEES 5 and FEES 2 are applied to VJ participants by the standard terms (see DISP 4).

FEES 1.1.3A G

49The rules in FEES should be read in conjunction with GEN 2.2.23 R to GEN 2.2.25 G. In relation to FEES, some rules are made by both the FCA and PRA. Those rules may contain obligations for or references to FCA-authorised persons (for example payment service providers and electronic money issuers) notwithstanding that they also are made by the PRA in order to apply them to PRA-authorised persons. GEN 2.2.23 R limits the application of those rules so that the PRA will only apply them in respect of PRA-authorised persons and not to such FCA-authorised persons as are specifically included within the rule.

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.