FEES 4.2 Obligation to pay periodic fees
General
A person shown in column (1) of the table in FEES 4.2.11 R as the relevant fee payer must pay each periodic fee applicable to it, calculated in accordance with the provisions referred to in column (2) of thattable, as adjusted by any relevant provision in this chapter:
- (1)
in full and without deduction (unless permitted or required by a provision in FEES); and
- (2)
on or before the date given in column (3) of that table, unless FEES 4.2.10 R applies.
A relevant fee payer will be required to pay a periodic fee for every year during which they have the status in column 1 of the table in FEES 4.2.11 R (or in relation to collective investment schemes, for every year during which it is a regulated collective investment scheme) subject to any reductions or exemptions applicable under this chapter. If a person is the relevant fee payer for more than one status listed in column 1 of the table in FEES 4.2.11 R (or in relation to collective investment schemes, the relevant fee payer for more than one regulated collective investment scheme) he will be required to pay a fee in relation to each.
- (1)
A relevant fee payer will be required to pay a periodic fee for every year during which they have the status in column 1 of the table in FEES 4.2.11 R (or in relation to collective investment schemes, for every year during which it is a regulated collective investment scheme) subject to any reductions or exemptions applicable under this chapter. If a person is the relevant fee payer for more than one status listed in column 1 of the table in FEES 4.2.11 R (or in relation to collective investment schemes, the relevant fee payer for more than one regulated collective investment scheme) he will be required to pay a fee in relation to each.
- (2)
A recognised body may also have obligations to pay fees to the FSA under other rules arising from legislation other than the Act. For example a recognised body may have an obligation to pay a fee as an approved operator of a relevant system under the Uncertificated Securities Regulations 1995 (SI 1995/3272).
The FSA will issue invoices to firms and other fee payers and expects to do so at least 30 days before the dates on which payments fall due under FEES 4.2.1 R.
Method of payment
- (1)
Unless (2) applies, a periodic fee must be paid using one of the payment methods specified in the table below and must include the additional amounts or apply the discounts set out in that table.
- (2)
The FSA does not specify a method of payment for a recognised body or a designated professional body.
Payment method |
Additional amount or discount applicable |
Direct debit |
Discount of 20 |
Credit transfer (BACS/CHAPS) |
Discount of 10 |
Cheque |
None |
Switch |
None |
Credit card (Visa/Mastercard only) |
Additional 2% of sum paid |
The FSA expects a recognised body or a designated professional body will generally pay their respective fees by electronic credit transfer.
Modifications for persons becoming subject to periodic fees during the course of a financial year
- (1)
Unless (2) applies, if the event, as described in column 4 of the table in FEES 4.2.11 R, giving rise to, or giving rise to an increase in, the fee payable in FEES 4.2.1 R, occurs on or after 1 July of the relevant financial year, the periodic fee required under FEES 4.2.1 R is modified for:
- (a)
firms (other than ICVCs and UCITS qualifiers) in accordance with FEES 4.2.7 R and FEES 4.2.8 R;
- (b)
for all other fee payers in column (1) of the table in FEES 4.2.11 R, in accordance with the table below.
- (a)
- (2)
For recognised bodies, if the recognition order is made during the course of the relevant financial year, the periodic fee required is set out in Column (4) of the table in FEES 4.2.11 R.
Period in which event (in column 4 of the table in FEES 4.2.11 R) occurs |
Proportion of periodic fee payable |
1 April to 30 June inclusive |
100% |
1 July to 30 September inclusive |
75% |
1 October to 31 December inclusive |
50% |
1 January to 31 March inclusive |
25% |
A firm (other than andICVC or UCITS qualifier) which becomes authorised, or whose permission isextended, during the course of the financial yearmust pay a fee which is calculated by:
- (1)
identifying each of the tariffs set out in Part 1 of FEES 4 Annex 2R for the relevant financial yearthat apply to the firm only after the permission is received or extended, but ignoring:
- (2)
calculating the amount for each of thosetariffs which is the higher of:
- (a)
the minimum fee specified for the tariff; and
- (b)
the result of applying the tariff to the projected valuation, for its first year (as provided to the FSA in the course of the firm's application), of the business to which the tariff relates(or, where relevant, the number of approved persons immediately after the permission is given);
- (a)
- (3)
adding together the amounts calculated under (2); and10
- (4)
modifying the result as indicated by the table in FEES 4.2.6 R.
In relation to an incoming EEA firm or an incoming Treaty firm the modification provisions of FEES 4.2.7 R apply only in relation to the relevant regulated activities of the firm, which are passported activities or Treaty activities and which are carried on in the United Kingdom.
Fee payers ceasing to hold relevant status or reducing the scope of their permission after start of relevant period
The FSA will not refund periodic fees if, after the start of the period to which they relate:
- (1)
a fee payer ceases to have the status set out in column (1) of the table in FEES 4.2.11 R; or
- (2)
a firm reduces its permission so that it then falls out of the fee-block previously applied to it,
(but see FEES 2.3 (Relieving Provisions) and FEES 4.3.13 R (Firms Applying to Cancel or Vary Permission Before Start of Period)).
Extension of Time
A person need not pay a periodic fee on the date on which it is due under the relevant provision in FEES 4.2.1 R, if:
- (1)
that date falls during a period during which circumstances of the sort set out in GEN 1.3.2 R (Emergencies) exist, and that person has reasonable grounds to believe that those circumstances impair its ability to pay the fee, in which case he must pay it on or before the fifth business day after the end of that period; or
- (2)
unless FEES 4.3.6R (3) or FEES 4.3.6R (4) (Time and method for payment) applies, that date would otherwise fall on or before the 30th day after the date on which the FSA has sent written notification to that person of the fee payable on that date, in which case he must pay on or before the 30th day after the date on which the FSA sends the notification.
Table of periodic fees
1 Fee payer |
2 Fee payable |
3 Due date |
4 Events occurring during the period leading to modified periodic fee |
Any firm (except an ICVC or a UCITS qualifier) |
As specified in FEES 4.3.1 R |
(1) Unless (2) applies, on or before the relevant dates specified in FEES 4.3.6 R (2) If an event specified in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event, or if later the dates specified in FEES 4.3.6 R. |
Firm receives permission; or Firm extends permission |
Any firm which reports its reportable transactions to the FSA using the FSA's Direct Reporting System or FSA's Transaction Reporting System (see SUP 17) |
(1) For transaction charges, the first working day of each month (2) For licence fees and enrolment charges, by the date set out on the relevant invoice |
Not applicable |
|
Persons who hold a certificate issued by the FSA under article 54 of the Regulated Activities Order (Advice given in newspapers etc.) |
£1,000 |
(1) Unless (2) applies, on or before 30 April (2) If an event in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event |
|
Any manager of an authorised unit trust; |
In relation to each unit trust the amount specified in FEES 4 Annex 4 |
Authorisation order is made in relation to the relevant scheme |
|
In relation to each ICVC the amount specified in FEES 4 Annex 4 |
|||
Persons 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; |
In relation to each recognised scheme the amount specified in FEES 4 Annex 4 |
The relevant scheme becomes a recognised collective investment scheme |
|
Not applicable |
|||
FEES 4 Annex 6, part 1 |
(1) Unless (2) applies, by the due dates set out in FEES 4 Annex 6, part 1 (2) If the event in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event |
Recognition order is made.Modified periodic fee: (1) for a UK recognised investment exchange, 150,000; (2) for a UK recognised clearing house, 250,000. |
|
FEES 4 Annex 6, part 2 |
(1), unless (2) applies, 1 July. (2) If the event in column 4 occurs during the course of a financial year , 30 days after the occurrence of that event. |
Recognition order is made.Modified periodic fee: (1) for an overseas investment exchange, 10,000; (2) for a overseas clearing house, 35,000. |
|
Listed issuers (in LR) of shares, depositary receipts and securitised derivatives (in LR). |
Within 30 days of the date of the invoice |
Issuer (in LR) becomes subject to listing rules |
|
10,00010 |
Within 30 days of the date of the invoice |
Approval of sponsor |
|
All non-listed issuers (in DTR) of shares, depositary receipts and securitised derivatives. |
Within 30 days of the date of the invoice |
Non-listed issuer (in DTR) becomes subject to disclosure rules and transparency rules |