FEES 4.4 Information on which fees 6are calculated
A firm (other than the Society or8 an MTF or OTF8 operator in relation to its MTF or OTF8 business5) must notify to the FCA (in its own capacity and, if applicable, in its capacity as collection agent for the PRA) the value (as at the valuation date specified in Part 5 of FEES 4 Annex 1AR6) of each element of business on which the periodic fee payable by the firm is to be calculated.
15A firm (other than the Society) must send to the FCA (in its own capacity and, if applicable, in its capacity as collection agent for the PRA)15 in writing the information required under FEES 4.4.1 R as soon as reasonably practicable, and in any event within two months, after the date specified as the valuation date in Part 5 of FEES 4 Annex 1AR in relation to 9 fees payable to the FCA 6 (or FEES 4.2.7B R where applicable) unless FEES 4.4.2AR applies9.
151515279If a firm is a UK Solvency II firm11 in activity group A.3 or A.4 and the PRA or the FCA has either:
- (1)
not received the necessary tariff data on a timely basis in line with Part 3 and 5 of FEES 4 Annex 1AR; or
- (2)
deemed the tariff data received to be incomplete or insufficiently reliable, by reference to a specific firm or across all or part of the activity group,
the FCA may use tariff data from the previous reporting period for the periodic fees calculation.
10For firms in activity group A.3 and A.4, if the data source specified in the applicable tariff base in Part 3 of FEES 4 Annex 1AR is not available to the PRA or FCA for any reason and the same data is available to the PRA or FCA from an alternative source, the FCA may use that alternative source to calculate the tariff rates under FEES 4 Annex 2AR.
In most cases a firm will provide the information required by this section as part of its compliance with the provisions of SUP. To the extent that the FCA 6 does not obtain sufficient, or sufficiently detailed, information it 6 may seek this by using the general information gathering powers (see SUP 2 (Information gathering by the FCA or PRA 6 on its own initiative)).
141414141414143The obligations of a firm to supply information as set out in FEES 4.4.1 R and FEES 4.4.2 R do not apply in respect of any of its payment services business.
Information relating to payment services and the issuance of electronic money4
3A fee-paying payment service provider and a fee-paying electronic money issuer4 must notify to the FCA the value (as at the valuation date specified in Part 4 of FEES 4 Annex 11) of each element of business on which the periodic fee (other than a flat fee)4 payable by the firm under 1 R4 is to be calculated, including any payment services carried on by its agents from an establishment in the United Kingdom.
43A firm4 must send to the FCA in writing the information required under FEES 4.4.7 D as soon as reasonably practicable, and in any event within two months, after the date specified as the valuation date in Part 4 of FEES 4 Annex 11.