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FEES 4.1 1Introduction

Application

FEES 4.1.1 R

1This chapter applies to every person set out in FEES 1.1.2R (2).

FEES 4.1.1A R RP

4A reference to firm in this chapter includes a reference

to a fee-paying payment service provider and a fee-paying electronic money issuer6.

Purpose

FEES 4.1.2 G RP

The purpose of this chapter is to set out the requirements on firms and others to pay periodic fees and transaction reporting fees in certain circumstances.

Background

FEES 4.1.3 G RP

Most of the detail of the periodic fees that are payable by firms is set out in FEES 4 Annexes 1 to 11.42 G provides guidance on the calculation of certain tariffs.5 Most of the provisions of the Annexes will vary from one financial yearto another. Accordingly fresh FEES 4 Annexes will come into force, following consultation, for each financial year.

4
FEES 4.1.4 G RP
  1. (1)

    The periodic fees for collective investment schemes reflect the estimated costs to the FSA of considering proposals to change regulated collective investment schemes, maintaining up to date records about them, and related policy work.

  2. (2)

    [deleted]8

    28
  3. (3)

    4The periodic fees for fee-paying payment service providers , fee-paying electronic money issuers6and issuers of regulated covered bonds7are set out in FEES 4 Annex 11. This annex sets out the activity groups, tariff base, valuation dates and, where applicable, the flat fees due for these firms.

    77
FEES 4.1.5 G RP

The Society of Lloyd's, which has permission under section 315(2) of the Act (The Society: authorisation and permission), has its own fee block.

FEES 4.1.6 G

The FSA will allocate penalties received for the benefit of relevant fee payers by way of a permitted deduction specified in FEES 4 Annex 2 or FEES 4 Annex 11 as applicable4.

3
FEES 4.1.7 G RP

In the case of periodic fees for firms, fees are calculated individually for each firm, but they may be paid on a group basis, if the group so wishes.

FEES 4.2 Obligation to pay periodic fees

General

FEES 4.2.1 R RP

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. (1)

    in full and without deduction (unless permitted or required by a provision in FEES); and

  2. (2)

    on or before the date given in column (3) of that table, unless FEES 4.2.10 R applies.

FEES 4.2.2 G RP

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. (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. (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).

FEES 4.2.3 G RP

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

FEES 4.2.4 R RP
  1. (1)

    Unless (2) applies, a periodic fee must be paid using either direct debit, credit transfer (BACS/CHAPS), cheque, Maestro1166 or by credit card (Visa/Mastercard only). Any payment by permitted credit card must include an additional 2% of the sum paid.1

    11166
  2. (2)

    The FSA does not specify a method of payment for a recognised body or a designated professional body.

FEES 4.2.5 G RP

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

FEES 4.2.6 R
  1. (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:

    1. (a)

      firms (other than ICVCs and UCITS qualifiers) in accordance with FEES 4.2.7 R and FEES 4.2.8 R;

    2. (b)

      for all other fee payers in column (1) of the table in FEES 4.2.11 R, in accordance with the table below.

    2. 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%
  2. (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.

FEES 4.2.7 R

A firm (other than an5ICVC or UCITS qualifier) which becomes authorised or registered, 12or whose permission and/or payment service activities are 9extended, during the course of the financial yearmust pay a fee which is calculated by:

9
  1. (1)

    identifying each of the tariffs set out in Part 1 of FEES 4 Annex 2R and/or FEES 4 Annex 11 as appropriate9 for the relevant financial yearthat apply to the firm only after the permission is received or extended or payment service activities are authorised or registered 12or extended or electronic money issuance activities are authorised or registered under the Electronic Money Regulations,129 but ignoring:

    1. (a)

      the A.13 activity group if, before the variation, the A.12 activity group applied to the firm's business; or

    2. (b)

      the A.12 activity group if, before the variation, the A.13 activity group applied to the firm's business;

  2. (2)

    calculating the amount for each of thosetariffs which is the higher of:

    1. (a)

      the minimum fee (but not the minimum fee under Part 1A of FEES 4 Annex 2)10specified for the tariff (where this applies);10 and

    2. (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;

      5
  3. (3)

    adding together the amounts calculated under (2);

    10
  4. (4)

    working out whether a minimum fee is payable under Part 1A of FEES 4 Annex 2 R and if so how much (except that that minimum fee is not payable again by a firm whose permission is extended if the fee was already payable before the extension);7

    10
  5. (5)

    10adding together the amounts calculated under (3) and (4) and then adding this sum to any applicable flat rate fee; and

  6. (6)

    modifying the result as indicated by the tablein FEES 4.2.6 R (except that FEES 4 Annex 10 (Periodic fees for MTF operators) deals with a firmthat receives permission for operating a multilateral trading facility or has its permission extended to include this activity during the course of the relevant financial year and FEES 4.2.6 R does not apply).

FEES 4.2.7A G

1Projected valuations for a firm's first year will be collected for the 12 month period beginning with the date a firm becomes authorised or registered,12 or the date its 9permission and/or payment service activities are 9extended. That information will be used to calculate the periodic fee for the remainder of the financial year in which the firm was authorised or registered 12or its permission and/or payment service activities were 9extended (adjusted in accordance with FEES 4.2.7 R) and to calculate the periodic fee for the following financial year. Projected valuations are not relevant for those fee payers that are only required to pay fixed fees. 9

9
FEES 4.2.7B R
  1. (1)

    7This rule deals with the calculation of:

    1. (a)

      a firm's fees for its second financial year. This is the FSA financial year following the FSA financial year in which it was given permission and/or was authorised or registered 12 under the Payment Services Regulations or the Electronic Money Regulations12 or had its permission and/or payment services activities extended (the relevant permissions); and9

      9
    2. (b)

      the tariff base for the fee block or fee blocks that relate to each of the relevant permissions. 9

      9
  2. (2)

    Unless this rule says otherwise, the tariff base for a firm's second financial year is calculated using projected valuations for its first8 year (as provided to the FSA in the course of the firm's application), of the business to which the tariff relates.

    8
  3. (3)

    This rule does not apply to a firm with a permission for operating a multilateral trading facility.

  4. (4)

    A reference to the FSA financial year means the 12 months ending with 31 March.

  5. (5)

    The rest of this rule only applies to a firm that becomes authorised or registered12, or extends its permission and/or payment services activities,9 on or after 1 April 2009.

    1. (a)

      If a firm's tariff base is calculated using data from a period that begins on or after the date that the firm obtains the relevant permission to which that tariff base relates, 9 the firm must use that data.

      9
    2. (b)

      Unless (a) applies, if a firm:

      1. (i)

        receives a relevant permission9 between 1 April and 31 December inclusive; and

        9
      2. (ii)

        is, but for this rule, required to calculate its tariff base for that relevant permission 9by reference to the average of its modified eligible liabilities for October, November and December;

      it must calculate that tariff base as at the December before the start of the FSA financial year.

    3. (c)

      If a firm satisfies the following conditions it must calculate its tariff base under (d):

      1. (i)

        the firm receives a relevant permission9 between 1 April and 31 December inclusive; and

        9
      2. (ii)

        the firm's tariff base for that relevant permission is,9 but for this rule, calculated by reference to the firm's financial year ended in the calendar year ending on the9 31 December before the start of 9the FSA financial year or the twelve months ending 31 December before the start of the 9the FSA financial year.

        999
    4. (d)

      If a firm satisfies the conditions in (c) it must calculate its tariff base as follows:

      1. (i)

        it must use actual data in relation to the business to which the tariff relates rather than projected valuations;

      2. (ii)

        the tariff is calculated by reference to the period beginning on the date it acquired the relevant permission relating to the tariff,9 and ending on the 31 December before the start of theFSA financial year; and

        9
      3. (iii)

        the figures are annualised by increasing them by the same proportion as the period of 12 months bears to the period starting from when the firm received its relevant 9permission to 31 December.

        999
    5. (e)

      Where a firm is required to use the method in (d) it must notify the FSA of this by the date specified in FEES 4.4 (Information on which Fees are calculated).

    6. (f)

      Where a firm is required to use actual data under this ruleFEES 4 Annex 1 Part 3 and FEES 4 Annex 11 Part 4 are9 modified in relation to the calculation of that firm's valuation date in its second financial year.

      9

Application of FEES 4.2.7BR

FEES 4.2.7C G

7The table below sets out the period within which a firm's tariff base is calculated (the data period) for second year fees calculated under FEES 4.2.7B R. The example is based on a firm that acquires permission on 1 November 2009 and has a financial year ending 31 March. Where valuation dates fall before the firm receives permission it should use projected valuations in calculating its fees.

References in this table to dates or months are references to the latest one occurring before the start of the FSA's financial year unless otherwise stated.

Type of permission acquired on 1 November

Tariff base

Valuation date but for FEES 4.2.7BR

Data period under FEES 4.2.7BR

Accepting deposits (monthly reporting firms)

Modified eligible liabilities (MELs)

Average of the MELs for October, November, December - so projected valuations will be used

MELs for December 2009.

Accepting deposits (quarterly reporting firms)

MELs

December 2009

December 2009.

Entering into a home finance transaction

Number of mortgages, home purchase plans or home reversion plans entered into

12 months ending 31 December 2009 - so projected valuations will be used

1 November to 31 December 2009.

Effecting contracts of insurance

(Insurers - general)

Gross premium income and gross technical liabilities

31 March 2009 - so projected valuations will be used

1 November to 31 December 2009.
FEES 4.2.7D R

15If an issuer of a regulated covered bond becomes registered after 31 December its valuation date will be calculated in the manner described in 1 R Part 4.

FEES 4.2.8 R RP

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, and which are not provided on a cross border services basis.4 For payment services and electronic money issuance, 12the adjustment only applies to the business to which the calculation made in FEES 4.3.12A R relates. 9

Fee payers ceasing to hold relevant status or reducing the scope of their permission after start of relevant period

FEES 4.2.9 G RP

The FSA will not refund periodic fees if, after the start of the period to which they relate:

  1. (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. (2)

    a firm reduces its permission or payment services activities 9so that it then falls out of the fee-block previously applied to it;9

    9

(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

FEES 4.2.10 R RP

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. (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. (2)

    unless FEES 4.3.6R (3), 9FEES 4.3.6R (4) or FEES 4.3.6R (4A)9 (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.

    9
FEES 4.2.11 R RP

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) or (3) apply7, on or before the relevant dates specified in FEES 4.3.6 R.12

(2) Unless (3) applies, if 7an 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.7

(3) Where the permission is for operating a multilateral trading facility, the date specified in FEES 4 Annex 10 (Periodic fees for MTF operators).

7 7

Firm receives permission, or becomes authorised or registered under the Payment Services Regulations or the Electronic Money Regulations12;9 or firm9extends permission or its payment service activities916

9

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

Certificate issued to person by FSA under Article 54 RAO

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

Any ACD of an ICVC; and

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

UK recognised body

FEES 4 Annex 6 , part 1 for a UK RIE or UK RCH; and

FEES 4 Annex 6 R , part 1A for a UK RIE that is also an RAP13

(1) Unless (2) applies, by the due dates set out in FEES 4 Annex 6, part 1and (in the case of an RAP) part 1A13

(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.

The modified1166 periodic fee is specified in FEES 4 Annex 6 R, Part 1and (in the case of an RAP) Part 1A.131166

11 66 11 66 11 66 11 66

Overseas recognised body

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.

The modified1166 periodic fee is specified in FEES 4 Annex 6, Part 2.1166

11 66 11 66 11 66 11 66

Listed issuers (in LR) of shares, depositary receipts and securitised derivatives (in LR), unless the conditions set out below apply.3

The first condition is that the listedissuer, or a related entity, has already paid a periodic fee in respect of the period concerned. The second condition is that the listedissuer is subject to listing rules as a result of a reverse takeover, or that the listedissuer is a newly formed entity, created as a result of a restructuring.3

FEES 4 Annex 7

Within 30 days of the date of the invoice

Listed issuer 3 (in LR) becomes subject to listing rules

3

Sponsors

£20,0001210 per year for the period from 1 April to 31 March the following year (see Note)2

10 12

Within 30 days of the date of the invoice

(1)14Approval of sponsor, unless (2) applies.14

(2) In the case of approval of a sponsor following a change of legal status in accordance with FEES 3 Annex 1 R Part 7, the balance of the fee otherwise due from the original sponsor.

Where a payment is made in accordance with (2) the original sponsor's obligation to pay that fee ceases.14

All non-listed issuers (in DTR) of shares, depositary receipts and securitised derivatives.6

6

FEES 4 Annex 8

Within 30 days of the date of the invoice

Non-listed issuer (in DTR) becomes subject to disclosure rules and transparency rules6

6All firms reporting transactions in securities derivatives10to the FSA in accordance with SUP 17, and market operators who provide facilities for trading in securities derivatives.10

10

FEES 4 Annex 9 R

Within 30 days of the date of the invoice

Not applicable

15Any issuer of a regulated covered bond.

FEES 4 Annex 11R

(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

A person becomes registered as an issuer of a regulated covered bond

Note: Sponsors on the list of approved sponsors as at 1 April each year will be liable for the full year's annual fee unless FEES 4.3.13 R applies.2

FEES 4.3 Periodic fee payable by firms (other than ICVCs and UCITS qualifiers)

FEES 4.3.1 R RP

The periodic fee payable by a firm (except an ICVC or a UCITS qualifier) is:

  1. (1)

    each periodic fee applicable to it calculated in accordance with FEES 4.3.3 R, using information obtained in accordance with FEES 4.4; plus7

    7
  2. (1A)

    any periodic fee applicable to it calculated in accordance with FEES 4.3.3A R using information relating to its UK business obtained in accordance with FEES 4.4 (or by other means in the case of the Bank of England); less7

  3. (2)

    any deductions from the periodic fee specified in Part 2 of FEES 4 Annex 2 or Parts 6 and/or 7 of FEES 4 Annex 11. For the purposes of this deduction, any deduction available in Part 2 of FEES 4 Annex 2 shall not be applied to any fee calculated in accordance with FEES 4.3.3A R and any deduction available in Part 6 and/or 7 of FEES 4 Annex 11 shall not be applied to any fees calculated in accordance with FEES 4.3.3 R. 7

FEES 4.3.2 G RP
  1. (1)

    The amount payable by each firm will depend upon the category (or categories) of regulated activities or payment services7it is engaged in (fee-blocks)and whether it is issuing electronic money,10 and on the amount of business it conducts in each category (tariff base). The fee-blocks and tariffs are identified in in respect of the FCA and in respect of the PRAFEES 4 Annex 1 (and guidance on calculating certain of the tariffs is at FEES 4 Annex 12 G and ) ,8 while FEES 4 Annex 2 sets out the tariff rates for the relevant financial year. In the case of firms that provide payment services and/or issue electronic money10, the relevant fee blocks, tariffs and rates are set out in FEES 4 Annex 11.7

  2. (2)

    Incoming EEA firms,incoming Treaty firms,10EEA authorised payment institutions7 and EEA authorised electronic money institutions10receive a discount to reflect the reduced scope of the FSA's responsibilities in respect of them. The level of the discount varies from fee-block to fee-block, according to the division of responsibilities between the FSA and Home state regulators for firms in each fee-block (see FEES 4.3.11 G,7FEES 4.3.12 R and FEES 4.3.12A R).7

    77

Calculation of periodic fee (excluding fee-paying payment service providers and fee-paying electronic money issuers)10

FEES 4.3.3 R RP

The periodic fee referred to in FEES 4.3.1 R is (except in relation to the Society,10fee-paying payment service providers and fee-paying electronic money issuers)107 calculated as follows:

  1. (1)

    identify each of the tariffs set out in Part 1 of FEES 4 Annex 2 which apply to the business of the firm for the period specified in that annex;

  2. (2)

    for each of thosetariffs, calculate the sum payable in relation to the business of the firm for that period;

    9
  3. (3)

    add together the amounts calculated under (2);

    9
  4. (4)

    work out whether a minimum fee is payable under Part 1A of FEES 4 Annex 2 R and if so how much;9

    9
  5. (5)

    9add together the amounts calculated under (3) and (4); and

  6. (6)

    9apply any applicable payment charge specified in FEES 4.2.4 R, provided that:

    1. (a)

      for payment by direct debit, successful collection of the amount due is made at the first attempt by the FSA; or

    2. (b)

      for payment by credit transfer, the amount due is received by the FSA on or before the due date.

Calculation of periodic fee for fee-paying payment service providers and fee-paying electronic money issuers107

FEES 4.3.3A R RP

7The periodic fee referred to in FEES 4.3.1 R in relation to fee-paying payment service providers and fee-paying electronic money issuers10 is calculated in accordance with FEES 4 Annex 11 R.

Modification for firms with new or extended permissions

FEES 4.3.4 G RP
  1. (1)

    A firm which becomes authorised or registered 7during the course of a financial year will be required to pay a proportion of the periodic fee which reflects the proportion of the year for which it will have a permission or the right to provide particular payment services or the right to issue electronic money107- see FEES 4.2.5 G and FEES 4.2.6 R.

  2. (2)

    Similarly a firm which extends its permission or its right to provide particular payment services7so that its business then falls within additional fee blocks will be required to pay a further periodic fee under this section for those additional fee blocks, but discounted to reflect the proportion of the year for which the firm has the extended permission or payment services activity 7 - see FEES 4.2.6 R and FEES 4.2.7 R.

  3. (3)

    These provisions apply (with some changes) to incoming EEA firms,10incoming Treaty firms, EEA authorised payment institutions and EEA authorised electronic money institutions.10

  4. (4)

    5These provisions do not apply to a firm's periodic fees in relation to its permission for operating a multilateral trading facility obtained from the FSA during the course of a financial year.

Amount payable by the Society of Lloyd's

FEES 4.3.5 R RP

The periodic fee referred to in FEES 4.3.1 R in relation to the Society is specified against its name in FEES 4 Annex 2.

Time of payment

FEES 4.3.6 R RP
  1. (1)

    If the firm's,or regulated covered bondissuer's11periodic fee for the previous financial year was at least £50,000, it11 must pay:

    11
    1. (a)

      an amount equal to 50% of the periodic fee payable for the previous year, by 30 April in the financial yearto which the sum due under FEES 4.2.1 R relates; and

    2. (b)

      the balance of the periodic fee due for the current financial year by 1 September in the financial yearto which that sum relates.

  2. (2)

    If the firm's,or regulated covered bondissuer's11periodic fee for the previous financial year was less than £50,000, it11 must pay the periodic fee due in full by 1 August or, if later, within 30 days of the date of the invoice in the financial year to which that sum relates.

    11
  3. (3)

    If a firm has applied to cancel its Part IV permission in the way set out in SUP 6.4.5 D (Cancellation of permission), or its status as a payment institution under regulation 10 of the Payment Services Regulations (Cancellation of authorisation) or as regulation 10 is applied by regulation 14 of the Payment Services Regulations (Supplementary provisions), or its status as an electronic money issuer under regulation 10 of the Electronic Money Regulations (Cancellation of authorisation) or as regulation 10 is applied by regulation 15 of the Electronic Money Regulations (Supplementary provisions), 10then (1) and (2) do not apply but it must pay the total amount due when the application is made.

  4. (4)

    If the FSA has exercised its own-initiative powers to cancel a firm'sPart IV permission in the way set out in EG 8 (Variation and cancellation of permission on the FSA's own initiative and intervention against incoming firms)2, then (1) and (2) do not apply but the firm must pay the total amount due immediately before the cancellation becomes effective.

    2
  5. (4A)

    If the FSA has cancelled a firm's authorisation or registration under regulation 10 of the Payment Services Regulations or regulation 10 of the Electronic Money Regulations10 or its registration under regulation 10 as applied by regulation 14 of the Payment Services Regulations or its registration under regulation 10 as applied by regulation 15 of the Electronic Money Regulations, 10 then (1) and (2) do not apply but the firm must pay the total amount due immediately before the cancellation becomes effective.7

  6. (5)

    4Paragraphs (1) and (2) do not apply to any Solvency 2 fee or Solvency 2 Implementation fee6 (as defined in Part 1 of FEES 4 Annex 2) and such fees are6 not taken into account for the purposes of the split in (1). Instead any Solvency 2 fee or Solvency 2 Implementation fee 6is payable on the date specified in (1)(a) or (2) (depending on which applies to the rest of its periodic fee) or any earlier date required by (3) or (4).

    6
  7. (6)

    5Paragraphs (1) and (2) do not apply to any periodic fee in relation to a firm'spermission for operating a multilateral trading facility and such a fee is not taken into account for the purposes of the split in (1). Instead any fee for this permission is

    payable on the date specified in FEES 4 Annex 10 (Periodic fees for MTF operators).

Groups of firms

FEES 4.3.7 R RP

A firm which is a member of a group may pay all of the amounts due from other firms in the same group under FEES 4.2.1 R, if:

  1. (1)

    it notifies the FSA in writing of the name of each other firm within the group for which it will pay; and

  2. (2)

    it pays the fees, in accordance with this chapter, as a single amount as if that were the amount required from the firm under FEES 4.2.1 R.

FEES 4.3.8 G RP

A notification under FEES 4.3.7R (1) should be made in accordance with SUP 15.7 (Form and method of notification).

FEES 4.3.9 G RP

If the payment made does not satisfy in full the periodic fees payable by all of the members of the group notified to the FSA under FEES 4.3.7 R, the FSA will apply the sum received among the firms which have been identified in the notification given under FEES 4.3.7R (1) in proportion to the amounts due from them. Each firm will remain responsible for the payment of the outstanding balance attributable to it.

FEES 4.3.10 G RP

If a firm pays its fees through an agent outside the scope of FEES 4.3.7 R, the firm is responsible for ensuring that the FSA is informed that the sum being paid is for that firm's periodic fees.

Incoming EEA firms, incoming Treaty firms, EEA authorised payment institutions and EEA authorised electronic money institutions107

FEES 4.3.11 G RP

The FSA recognises that its responsibilities in respect of an incoming EEA firm,7 an incoming Treaty firm, an EEA authorised payment institution7 or an EEA authorised electronic money institution10 are reduced compared with a firm which is incorporated in the United Kingdom. Accordingly the periodic fees which would otherwise be applicable to incoming EEA firms,7incoming Treaty firms,10EEA authorised payment institutions7 and EEA authorised electronic money institutions10 are reduced.

7 10 7
FEES 4.3.12 R RP

For an incoming EEA firm, (excluding MTF operators), 5 or an incoming Treaty firm, the calculation required by FEES 4.3.3 R is modified as follows:

  1. (1)

    the tariffs set out in Part 1 of FEES 4 Annex 2 are applied only to the regulated activities of the firm which are carried on in the United Kingdom; and

  2. (2)

    those tariffs are modified in accordance with Part 3 of and, if applicable, Part 3 of FEES 4 Annex 2.

FEES 4.3.12A R RP

10For:

10
  1. (-1)
    1. (a)

      a full credit institution which is a fee-paying payment service provider and an EEA firm; or

    2. (b)

      a full credit institution which is a fee-paying electronic money issuer and an EEA firm; or

    3. (c)

      an EEA authorised payment institution; or

    4. (d)

      an EEA authorised electronic money institution;

    the calculation required by FEES 4.3.3A R is modified as follows:

  2. (1)

    the tariffs set out in Part 5 of FEES 4 Annex 11 are only applied to the payment services or electronic money issuance10of the firm carried on from an establishment in the United Kingdom, including any payment services carried on10 through any of its agents established in the United Kingdom; and

    1010
  3. (2)

    those tariffs are modified in accordance with Part 7 of FEES 4 Annex 11.

Firms Applying to Cancel or Vary Permission Before Start of Period

FEES 4.3.13 R RP
  1. (1)

    If:

    1. (a)

      a firm makes an application to vary its permission (by reducing its scope), or cancel it, in the way set out in SUP 6.3.15 D (3) (Variation of permission) and SUP 6.4.5 D (Cancellation of permission), or applies to vary (by reducing its scope) or cancel its authorisation or registration (regulation 8 and 10(1) of the Payment Services Regulations including as applied by regulation 14 of the Payment Services Regulations) or applies to cancel its authorisation or registration (regulation 10 and 12 of the Electronic Money Regulations including as applied by regulation 15 of the Electronic Money Regulations) ; 107an issuer makes an application for de-listing; or a sponsor notifies the 7FSA of its intention to be removed from the list of approved sponsors; 1and

    2. (b)

      the firm, issuer or sponsor1 makes the application or notification 1referred to in (a) before the start of the periodto which the fee relates;

    FEES 4.2.1 R applies to the firm as if the relevant variation or cancellation of the firm'spermission or authorisation or registration under the Payment Services Regulations or the Electronic Money Regulations10, 7 de-listing or removal from the list of approved sponsors,1 took effect immediately before the start of the periodto which the fee relates.

  2. (2)

    But (1) does not apply if, due to the continuing nature of the business, the variation, cancellation, de-listing or removal1 is not to take effect within three months of the start of the period to which the fee relates.

    1
FEES 4.3.14 G RP

Where a firm has applied to cancel its Part IV permission, or its authorisation or registration under the Payment Services Regulations7or the Electronic Money Regulations, 10 or the FSA has exercised its own-initiative powers to cancel a firm's7Part IV permission or the FSA has exercised its powers under regulation 10 (Cancellation of authorisation), including as applied by regulation 14 (Supplementary provisions) of the Payment Services Regulations to cancel a firm's authorisation or registration under the Payment Services Regulations or the FSA has exercised its powers under regulation 10 (Cancellation of authorisation), including as applied by regulation 15 (Supplementary provisions) of the Electronic Money Regulations, 10 , 7 the due dates for payment of periodic fees are modified by FEES 4.3.6R (3),7FEES 4.3.6R (4) and FEES 4.3.6R (4A)7 respectively.

7 7

Firms acquiring businesses from other firms

FEES 4.3.15 R
  1. (1)

    This rule applies if:3

    1. (a)

      a firm (A) acquires all or a part of the business of another firm (B), whether by merger, acquisition of goodwill or otherwise, in relation to which a periodic fee would have been payable by B, unless no periodic fee was payable by A in the financial year that the business was acquired from B; or3

    2. (b)

      A became authorised or registered 7as a result of B's simple change of legal status (as defined in FEES 3 Annex 1 Part 6).3

  2. (2)

    If, before the date on which A acquires the business, B had paid any periodic fee payable for the period in which the acquisition occurred, FEES 4.2.6 R to FEES 4.2.7 R do not apply to A in relation to the business acquired from B.

  3. (3)

    If the acquisition occurs after the valuation date applicable to the business (as set out in FEES 4 Annex 1 and FEES 4 Annex 11) 7 which A acquired from B, for the period following that in which the acquisition occurred, FEES 4.2.1 R applies to A, in relation to that following period, as if the acquisition had occurred immediately before the relevant valuation date.

FEES 4.3.16 R
  1. (1)

    [deleted]9

  2. (2)

    [deleted]9

  3. (3)

    [deleted]9

FEES 4.4 Information on which Fees are calculated

FEES 4.4.1 R RP

A firm (other than the Society ) must notify to the FSA the value (as at the valuation date specified in Part 3 of FEES 4 Annex 1) of each element of business on which the periodic fee payable by the firm is to be calculated.

FEES 4.4.2 R RP

A firm (other than the Society) must send to the FSA 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 3 of FEES 4 Annex 1 (or FEES 4.2.7B R where applicable).2

FEES 4.4.3 R RP

To the extent that a firm has provided the information required by this section to the FSA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of this section.

FEES 4.4.4 G RP

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 FSA does not obtain sufficient, or sufficiently detailed, information it may seek this by using its general information gathering powers (see SUP 2 (Information gathering by the FSA on its own initiative)).

FEES 4.4.5 R RP

For an incoming EEA firm or an incoming Treaty firm, the information required under FEES 4.4 is limited to the regulated activities of the firm which are carried on in the United Kingdom, except those provided on a cross border services basis. 1

FEES 4.4.6 R RP

3The 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

FEES 4.4.7 D RP

3A fee-paying payment service provider and a fee-paying electronic money issuer4 must notify to the FSA 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.

4
FEES 4.4.8 D RP

3A firm4 must send to the FSA 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.

FEES 4.4.9 D RP

3To the extent that a firm4 has provided the information required by FEES 4.4.7 D to the FSA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of that direction.4

4 4

FEES 4 Annex 1 Activity groups, tariff bases and valuation dates applicable

R

Part 1

This table shows how the regulated activities for which a firm has permission are linked to activity groups (fee-blocks). A firm can use the table to identify which fee-blocks it falls into based on its permission.

Activity group

Fee payer falls in the activity group if

A.1 Deposit acceptors

its permission includes accepting deposits or21operating a dormant account fund15BUT DOES NOT include either of the following:

effecting contracts of insurance;

carrying out contracts of insurance.

21

A.2 Home finance providers 3 and administrators

3

its permission includes a regulated activity within3 one or more of the following:

entering into a home finance transaction 3; or

administering a home finance transaction 3; or

agreeing to carry on a regulated activity which is within either of the above.

3 3

A.3 Insurers - general

its permission includes one or more of the following:

effecting contracts of insurance;

carrying out contracts of insurance;

in respect of specified investments that are:

- general insurance contracts; or

- long-term insurance contracts other than life policies.

A.4 Insurers - life

its permission includes one or more of the following:

effecting contracts of insurance;

carrying out contracts of insurance;

in respect of specified investments including life policies;

entering as provider into a funeral plan contract.

A.5 Managing agents at Lloyd's

its permission includes managing the underwriting capacity of a Lloyd's syndicate as a managing agent at Lloyd's.

A.6 The Society of Lloyd's

it is the Society of Lloyd's.

Note for authorised professional firms:

Generally, for fee-blocks A.7 to A.19 below, only those regulated activities that are not limited to non-mainstream regulated activities should be taken into account in determining which fee-block(s) fee-payers belong to for the purpose of charging periodic fees.

However, in the case that all the regulated activity within a firmpermission are limited to non-mainstream regulated activities, then that firm's will be allocated to fee-block A.13 alone.

This does not prevent a fee being payable by an authorised professional firm under FEES 3.2.7 R (p) where it applies to vary its Part IV permission such that it would normally be allocated to fee-block(s) other than A.13 if the variation was granted.

A.7 Fund managers

(1) its permission includes managing investments (a firm falling within this category is a class (1) firm)18;

OR

(2) its permission includes

ONLY either one or both of:

safeguarding and administering of investments (without arranging); and

arranging safeguarding and administration of assets (a firm falling within this category is a class (2) firm)18;

OR

(3) the firm is a venture capital firm (a firm falling within this category is a class (3) firm if it is not a class (1) or (2) firm)18.

Class (1) firms are subdivided into three classes:

- class (1)A, where the funds managed by the firm belong to one or more occupational pension schemes;

- class (1)B, where:

(a) the firm is not a class (1)A firm; and

(b) the firm's permission includes NEITHER of the following:

safeguarding and administering investments (without arranging);

arranging safeguarding and administration of assets; and

(c) the firm EITHER:

has a requirement that prohibits the firm from holding or controlling client money, or both; OR

if it does not have such a requirement, only holds or controls client money (or both), arising from an agreement under which commission is rebated to a client; and

- class (1)C, where the firm is not within class (1)A or class (1)B.

A.8

Not applicable.

A.9 Operators, Trustees and Depositaries of collective investment schemes and Operators of personal pension schemes or stakeholder pension schemes 2

(1) its permission:

(a) includes one or more of the following:

establishing, operating or winding up a regulated collective investment scheme;

establishing, operating or winding up an unregulated collective investment scheme;

acting as trustee of an authorised unit trust scheme;

acting as the depositary or sole director of an open-ended investment company;

establishing, operating or winding up a personal pension scheme or a stakeholder pension scheme (but only if the firm does not fall within activity group A1 or A4);2

AND

(b) PROVIDED the firm is NOT one of the following:

a corporate finance advisory firm;

a firm in which the above activities are limited to carrying out corporate finance business;

a venture capital firm;

OR

(2) if the fee-payer has none of the regulated activities above within its permission, but ALL the remaining regulated activities in its permission are limited to carrying out trustee activities.

A.10 Firms dealing as principal

its permission includes:

(a) dealing in investments as principal; and/or

(b) bidding in emissions auctions;24

BUT NOT if one or more of the following apply:

the firm is acting exclusively as a matched principal broker;

the above activity is limited either to acting as an operator of a collective investment scheme, establishing, operating or winding up a personal pension scheme or a stakeholder pension scheme,2 or to carrying out trustee activities;

the firm is a corporate finance advisory firm;

the above activity is otherwise limited to carrying out corporate finance business;

the firm is subject to a limitation to the effect that the firm, in carrying on this regulated activity, is limited to entering into transactions in a manner which, if the firm was an unauthorised person , would come within article 16 of the Regulated Activities Order (Dealing in contractually based investments);

the above activity is limited to not acting as a market maker;

the firm is an oil market participant, energy market participant or a local (except where the firm is bidding in emissions auctions)24;

its permission includes either:

- effectingcontracts of insurance; or

- carrying out contracts of insurance.

A.11

Not applicable.

A.12 Advisory arrangers, dealers or brokers (holding or controlling client money or assets, or both)

its permission:

(a) includes one or more of the following, in relation to one or more designated investments :

dealing in investments as agent;

arranging (bringing about) deals in investments;

making arrangements with a view to transactions in investments;

dealing as principal in investments where the activity is carried on as a matched principal broker, oil market participant, energy market participant or local;

advising on investments (except pension transfers and pension opt-outs);7

advising on pension transfers and pension opt-outs;

advising on syndicate participation at Lloyd's;

(b) BUT NONE of the following:

effecting contracts of insurance; or

carrying out contracts of insurance;

AND

(c) CAN HAVE one or more of the following:

safeguarding and administering of assets;

arranging safeguarding and administration of assets;

the ability to hold or control client money, or both:

- that is, there is no requirement which prohibits the firm from doing this; and

- provided that the client money in question does not only arise from an agreement under which commission is rebated to a client;

AND

(d) PROVIDED the fee-payer is NOT any of the following:

a corporate finance advisory firm;

a firm for whom all of the applicable activities above are otherwise limited to carrying out corporate finance business;

a firm whose activities are limited to carrying out venture capital business;

a firm whose activities are limited to acting as an operator of a regulated collective investment scheme;

a firm whose activities are limited to carrying out trustee activities;

a service company.

7 1

A.13 Advisory arrangers, dealers or brokers (not holding or controlling client money or assets, or both)

(1) it is an authorised professional firm and ALL the regulated activities in its permission are limited to non-mainstream regulated activities (a firm falling within this category is a class (1) firm)18;

OR

(2) its permission:

(a) includes one or more of the following, in relation to one or more designated investments:

dealing in investments as agent;

arranging (bringing about) deals in investments;

making arrangements with a view to transactions in investments;

dealing as principal in investments where the activity is carried on as a matched principal broker, oil market participant, energy market participant or local;

advising on investments (except pension transfers and pension opt-outs);

giving basic advice on a stakeholder product;7

advising on pension transfers and pension opt-outs;

advising on syndicate participation at Lloyd's;

(b) BUT NONE of the following:

effecting contracts of insurance;

carrying out contracts of insurance;

safeguarding and administration of assets;

arranging safeguarding and administration of assets;

AND

(c) MUST EITHER, in connection with its designated investment business:

have a requirement that prohibits the firm from holding or controlling client money, or both;

OR

if it does not have such a requirement , only holds or controls client money (or both), arising from an agreement under which commission is rebated to a client;

AND

(d) PROVIDED the fee-payer is NOT any of the following:

a corporate finance advisory firm;

a firm for whom all of the applicable activities above are otherwise limited to carrying out corporate finance business;

a firm whose activities are limited to carrying out venture capital business;

a firm whose activities are limited to acting as an operator of a regulated collective investment scheme;

a firm whose activities are limited to carrying out trustee activities;

a service company.

A firm falling within (2) and not (1) is a class 2 firm.18

7

A.14 Corporate finance advisers

the firm is carrying on corporate finance business PROVIDED the fee-payer is NOT a venture capital firm.

A.15

Not applicable.

A.16 Pensions review levy firms

Not applicable.2028

20 28

A.17

Not applicable.

A.18 Home finance providers 3 , advisers and arrangers

3

its permission includes a regulated activity within 3one or more of the following:

entering into a home finance transaction 3; or

arranging (bringing about) a home finance transaction 3; or

making arrangements with a view to a home finance transaction 3; or

advising on a home finance transaction 3; or

agreeing to carry on a regulated activity which is within any of the above.

3 3 3 3

A.19 General insurance mediation

its permission includes one or more of the following in relation to a non-investment insurance contract:

dealing in investments as agent; or

arranging (bringing about) deals in investments; or

making arrangements with a view to transactions in investments; or

assisting in the administration and performance of a contract of insurance; or

advising on investments; or

agreeing to carry on a regulated activity which is within any of the above.

B. Market operators

Firms that have been prescribed as an operator of a prescribed market under the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001 (SI 2001/996).

B. Service companies

it is a service company.11

11 B. MTF operators

its permission includes operating a multilateral trading facility.

Part 2

This table indicates the tariff base for each fee-block. The tariff base is the means by which we measure the 'amount of business' conducted by a firm. Note that where the tariff base is the number of approved persons it may be that a particular firm has permission for relevant activities as described in Part 1 but the type of activity that the firm undertakes is not one requiring a person to be approved to undertake a relevant customer function (for example firms only giving basic advice on stakeholder products). In these circumstances, the firm will be required to pay a minimum fee only (see FEES 4 Annex 2 Part 1).

Activity group

Tariff base15

15

A.1

MODIFIED ELIGIBLE LIABILITIES

For banks and building societies:16

19 Item B of Form ELS (Note (1)):

(£1 +£2 +£3 +£4 + 0.6*£5 +£6 - £8 - £9A - £9B - £10A - £10B - £10C - £11A - £11B - 0.6*£12) + (1/3)*(F1 + F2 + F3 + F4 + 0.6*F5 + F6 - F8 - F9A - F9B - F10A - F10B - F10C - F11A - F11B - 0.6*F12)

-£13M

8 16 19

Notes:

(1) All references in the above formula are to entries on Form ELS19 (that is, the Eligible Liabilities Return 19completed to provide information by banks19and building societies16to the Bank of England as required by the Bank of England Act 1998).

(2)19 The figures reported on the Form ELS19 relate to business conducted out of offices in the United Kingdom.

19 19 19 19 19

For credit unions:

Deposits with the credit union (share capital)

21

LESS

the credit union's bank deposits (investments + cash at bank)

Note:

Only United Kingdom business is relevant for calculating credit unions' MELs.

16

Note :

For a dormant account fund operator the tariff base is not relevant and the flat fee in FEES 4 Annex 2 R is payable.

16

A.2

NUMBER OF MORTGAGES OR OTHER HOME FINANCE TRANSACTIONS 3 ENTERED INTO AND ADMINISTERED

The number of new mortgage contracts, home purchase plans,14home reversion plans3 and regulated sale and rent back agreements14 entered into;

AND

The number of mortgage contracts, home purchase plans,14home reversion plans3 and regulated sale and rent back agreements14 being administered, multiplied by 0.05 for mortgage outsourcing firms or other home finance outsourcing firms3and by 0.5 for all other firms.1

Notes:

(1) Mortgage outsourcing firms are firms with permission for administering regulated mortgage contracts, but not to enter the contract as lender.1

Home finance outsourcing firms are firms with permission for administering a home finance transaction, but not entering into a home finance transaction.3

(2) In this context a 'mortgage' means a loan secured by a first charge over residential property in the United Kingdom. For the measure of the number of contracts being administered, each first charge counts as one contract, irrespective of the number of loans involved.

(3) Mortgages, home purchase plans,14home reversion plans3 and regulated sale and rent back agreements14 administered include those that the firm administers on behalf of other firms.

1 1

A.3

GROSS PREMIUM INCOME AND GROSS TECHNICAL LIABILITIES

For insurers:

The amount of premium receivable which must be included in the documents required to be deposited under IPRU(INS) 9.6 in relation to the financial year to which the documents relate but disregarding for this purpose such amounts as are not included in the document by reason of a waiver or an order under section 68 of the Insurance Companies Act 1982 carried forward as an amendment to IPRU(INS) under transitional provisions relating to written concessions in SUP; 11

AND the amount of gross technical liabilities (IPRU(INS) Appendix 9.1 - Form 15, line 19) which must be included in the documents required to be deposited under IPRU(INS) 9.6R in relation to the financial year to which the documents relate but disregarding for this purpose such amounts as are not included in the document by reason of a waiver or an order under section 68 of the Insurance Companies Act 1982 carried forward as an amendment to IPRU(INS) under transitional provisions relating to written concessions in SUP.11

6 11

Notes :

(1) in the case of either:

(a) a pure reinsurer carrying on general insurance business through a branch in the United Kingdom; or

(b) an insurer whose head office is not in an EEA State carrying on general insurance business through a branch in the United Kingdom; or

(c) a non-EEA insurer other than a Swiss general insurer which has permission to carry on direct insurance business and which has made a deposit in an EEA state other than the United Kingdom in accordance with IPRU(INS) 8.1(2),

the amount only includes premiums received and gross technical liabilities held in respect of its United Kingdom business;

(2) for a Swiss general insurance company, premiums and gross technical liabilities include those relevant to the operations of the company's United Kingdombranch; and

(3) a firm need not include premiums and gross technical liabilities relating to pure protection contracts which it reports, and pays a fee on, in the A.4 activity group.

For friendly societies:

Either:

(a) the value of contributions as income under Schedule 7: Part I item 1(a) to the Friendly Societies (Accounts and Related Provisions) Regulations 1994 (SI 1994/1983) (the regulations) for a non-directive friendly society, included within the income and expenditure account; or

(b) the value of gross premiums written under Schedule 1: Part I items I.1(a) and II.1.(a) of the regulations for a directive friendly society included within the income and expenditure account.

Notes :

(1) In both (a) and (b) above only premium receivable in respect of United Kingdom business are relevant.4

(2) For UK ISPVs the tariff base is not relevant and a flat fee set out in FEES 4 Annex 2R is payable.4

4

A.4

ADJUSTED GROSS PREMIUM INCOME AND MATHEMATICAL RESERVES (see 2 G )17

Amount of new regular premium business (yearly premiums including reassurances ceded but excluding cancellations and reassurances accepted), times ten;

Plus

amounts of new single premium business (total including reassurances ceded but excluding cancellations and reassurances accepted). Group protection business (life and private health insurance) must be included;

Less

premiums relating to pension fund management;11

Less 11

premiums relating to Trustee Investment Plans.11

For each of the above, business transacted through independent practitioners or tied agents (either single or multi-tie)1 will be divided by two in calculating the adjusted gross premium income;

13

AND

the amount of mathematical reserves (IPRU(INS) Appendix 9.1R - Form 146, Line 116) which must be included in the documents required to be deposited under IPRU(INS) 9.6R in relation to the financial year to which the documents relate but disregarding for this purpose such amounts as are not included in the document by reason of a waiver or an order under section 68 of the Insurance Companies Act 1982 carried forward as an amendment to IPRU(INS) under transitional provisions relating to written concessions in SUP;

Less

mathematical reserves relating to pension fund management.11

Less 11

mathematical reserves relating to Trustee Investment Plans.11

Notes:

(1) [deleted]

(2) Only premiums receivable and mathematical reserves held in respect of United Kingdom business are relevant.

(3)An insurer must include in its calculation of adjusted gross premium income (AGPI) and mathematical reserves (MR) the value of MR and AGPI relating to all risks ceded to ISPVs.134

(4) Trustee Investment Plans are the class of contract of insurance specified in Class III of Part II of Schedule 1 to the Regulated Activities Order (Contracts of long-term insurance) and which are invested in pooled funds beneficially owned by the insurer and not earmarked to individual beneficiaries by that insurer.11

6 6 6 11 13

A.5

ACTIVE CAPACITY

The capacity of the syndicate(s) under management in the year in question. This includes the capacity for syndicate(s) that are not writing new business, but have not been closed off in the year in question.

A.6

Not applicable.

A.7

FUNDS UNDER MANAGEMENT (FuM)

The total value, in pounds sterling, of all assets (see note (a) below) in portfolios which the firm manages, on a discretionary basis (see note (b) below), in accordance with its terms of business, less:

(a) funds covered by the exclusion contained in article 38 (Attorneys) of the Regulated Activities Order;

(b) funds covered by the exclusion contained in article 66(3) (Trustees, nominees and personal representatives) of the Regulated Activities Order;

(c) funds covered by the exclusion contained in article 68(6) (Sale of goods or supply of services) of the Regulated Activities Order;

(d) funds covered by the exclusion contained in article 69(5) (Groups and joint enterprises) of the Regulated Activities Order; and

(e) the value of those parts of the managed portfolios in respect of which the responsibility for the discretionary management has been formally delegated to another firm (and which firm will include the value of the assets in question in its own FuM total); any such deduction should identify the firm to which management responsibility has been delegated.

Notes on FuM

(a) For the purposes of calculating the value of funds under management, assets means all assets that consist of or include any investment which is a designated investment or those assets in respect of which the arrangements for their management are such that the assets may consist of or include such investments, and either the assets have at any time since 29 April 1988 done so or the arrangements have at any time (whether before or after that date) been held out as arrangements under which the assets would do so.

(b) Assets managed by the firm on a discretionary basis exclude the firm's own assets.2028 Assets managed on a non-discretionary basis, being assets that the firm has a contractual duty to keep under continuous review but in respect of which prior specific consent of the client must be obtained for proposed transactions, are also excluded2028 as this activity is covered in those charged to fees in activity groups A.12 and A.13.

(c) In respect of collective investment schemes, assets means the total value of the assets of the scheme.

(d) For an OPS firm, the FuM should also be reduced by the value of the assets held as a result of a decision taken in accordance with article 4(6) of The Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 (investments in collective investment scheme or bodies corporate which have as their primary purpose the acquisition, directly, or indirectly, of relevant investments, as defined in that article).

(e) Only assets that are managed from an establishment maintained by the firm in the United Kingdom are relevant.

23(f) If the firm is managing an overlay portfolio of derivative instruments and the underlying assets are managed by itself or a firm within the same group that has not reported them separately to the FSA, or by a firm outside its group, then it should calculate the value of the derivatives and other assets as prescribed in the guidance in FSA038 in SUP 16 Annex 25.

If the underlying assets are managed by another firm within the same group who has reported their value separately to the FSA, then to avoid double-counting within the group, the calculation must be restricted to the exposure of the overlay.

20 28

A.8

Not applicable.

A.9

GROSS INCOME

For operators (including ACDs and managers of unit trusts but excluding operators of a personal pension scheme or a stakeholder pension scheme2):

gross income from the activity relating to fee-block A.9 is defined as:

the amount of the annual charge on funds invested in regulated or unregulated collective investment scheme received or receivable in the latest accounting period (this is calculated as a % of funds invested, typically 1% p.a.);

PLUS

the front-end or exit charge levied on sales or redemptions of collective investment schemes (typically 4-5% of sales/redemptions) in that same accounting period;

PLUS

any additional initial or management charges levied through a product wrapper such as an ISA;

BUT EXCLUDING box management profits.

For depositaries (including trustees of collective investment schemes and ICVC depositaries):

The amount of the annual charge levied on funds in regulated collective investment schemes for which they act as depositary (typically a % of the total funds for which they act as depositary).

2For operators of a personal pension scheme or a stakeholder pension scheme:

2The amount of the charges levied on the personal pension scheme or stakeholder pension scheme for which they act as operator:

including up-front charges, fund related charges, transaction related charges and periodic charges; but

excluding charges made to an investor in respect of third party suppliers; for example, charges for stock broking, borrowing, banking services and charges for arranging third party legal services, surveys or environmental screening in connection with property.

Note:

Only the gross income corresponding to United Kingdom business is relevant.

10

A.10

NUMBER OF TRADERS

Any employee or agent, who:

ordinarily acts within the United Kingdom on behalf of an authorised person liable to pay fees to the FSA in its fee-block A.10 (firms dealing as principal); and who,

as part of their duties in relation to those activities of the authorised person , commits the firm in market dealings or in transactions in securities or in other specified investments in the course of regulated activities.

But not any employees or agents who work solely in the firm's MTF

operation.11

A firm may, as an option, report employees or agents as full-time equivalents (FTE), taking account of any part-time staff. In calculating the FTE, firms must take into account the total hours employees or agents have contracted to work for the firm and not the time employees or agents devote to the dealing in investments as principal and bidding in emissions auctions functions set out in fee-block A.1024. Any figures using the FTE calculation to be recorded to one decimal place, rounded down to the nearest decimal place.22

24

A.11

Not applicable.

A.12

APPROVED PERSONS

The number of persons approved to perform the5customer function (CF 30), but excluding those persons who work solely in the firm'sMTF operation or11 solely acting in the capacity of an investment manager or solely advising clients in connection with corporate finance business or performing functions related to these.5

5 5 5 5 5 5 5

A.13

APPROVED PERSONS

The number of persons approved to perform the customer function (CF 30), but excluding those who work solely in the firm'sMTF operation or solely acting in the capacity of an investment manager or solely advising clients in connection with corporate finance business or performing functions related to these.

5 5 5 5 5 5 5

A.14

APPROVED PERSONS

The number of persons approved to perform the customer function (CF 30) who advise clients in connection with corporate finance business or perform related functions.

5 5

A.15

Not applicable.

A.16

Not applicable.2028

20 28

A.17

Not applicable.

A.18

ANNUAL INCOME

(a) the net amount retained by the firm of all brokerages, fees, commissions and other related income (eg administration charges, overriders, profit shares) due to the firm in respect of or in relation to home finance mediation activity3 (or activities which would have been mortgage mediation activity if they had been carried out after 30 October 2004 or home purchase mediation activity or home reversion mediation activity if they had been carried out on or after 6 April 20073 or regulated sale and rent back mediation activity if they had been carried out on or after 1 July 200914);

Plus

(b) for any home finance mediation activity3 carried out by the firm for which it receives payment from the lender or provider 3on a basis other than that in (a), the value of all new mortgage advances and amounts provided under other home finance transactions3resulting from that activity multiplied by 0.004;

Plus

(c) if the firm is a home finance provider3, the value of all new mortgage advances and amounts provided under other home finance transactions3which are or would be regulated mortgage contracts if they had been made after 30 October 2004 or home purchase plans or home reversion plans if they had been made on or after 6 April 2007 3or regulated sale and rent back mediation activity if they had been carried out on or after 1 July 200914(other than those made as a result of home finance mediation activity3by another firm), multiplied by 0.004.

For mortgage outsourcing firms or home finance outsourcing firms3 whose permission does not include advising on a home finance transaction3the relevant amounts are multiplied by 0.15.1

Notes on annual income:

(1) For 2004/05 and 2005/06 firms have supplied this data on their 'HSF1' or 'variation of permission' application form.

(2) For the purposes of calculating annual income, "net amount retained" means all the commission, fees, etc. in respect of home finance mediation activity3that the firm has not rebated to customers or passed on to other firms (for example, where there is a commission chain). Items such as general business expenses (eg employees' salaries, overheads) should not be deducted.

(3) The firm must include in its income calculation, on the same basis as above, earnings from those who will become its appointed representatives immediately after authorisation.

(4) Reference to a "firm" above also includes reference to any person who carried out activities which would be mortgage mediation activity if they had been carried out after 30 October 2004 or home purchase mediation activity or reversion mediation activity if they had been carried out on or after 6 April 20073or regulated sale and rent back mediation activity if they had been carried out on or after 1 July 2009.14

(5) Mortgage outsourcing firms are firms whose permission includes administering regulated mortgage contracts, but not entering into a regulated mortgage contract.1Home finance outsourcing firms are firms whose permission includes administering a home finance transaction, but not entering into a home finance transaction.3

(6) The same firm may receive income under paragraph (a) and (c).11

(7) A firm must include in paragraph (a) any income it receives from home finance mediation activity carried on by another person with respect to any home finance transaction into which the firm has entered as lender, plan provider or home purchase provider.11

(8) In calculating the net amount retained, a firm may not deduct amounts that it rebates to a person other than another firm, a person falling within the extended definition of firm in Note (4) or the firm's customer.

(9) A firm may only deduct amounts under paragraph (a) in calculating its net amount retained if the amount is to be deducted from income that the firm must include under paragraph (a). Therefore for example: 11

(a) if a mortgage lender (Firm A) pays a firm commission for arranging a regulated mortgage under which Firm A is a lender, Firm A may not take that expense into account in calculating its annual income if Firm A does not receive a fee from the borrower or another person in respect of that regulated mortgage; and11

(b) if a mortgage lender (Firm A) pays a firm (Firm B) commission for arranging a regulated mortgage under which Firm A is a lender, Firm A receives a payment from the borrower under that transaction and the amount payable to Firm B exceeds the amount payable by the borrower, Firm A may not take that excess into account in calculating its annual income and must instead net the sum payable by the borrower to zero.11

(10) A firm must include in paragraph (a) any survey and booking fees due to it in respect of or in relation to home finance mediation activity or which would been home finance mediation activity if they had been carried on or after the dates in paragraph (a).11

3 3 3 3 3 3

A.19

ANNUAL INCOME(A)13 the net amount retained by the firm of all brokerages, fees, commissions and other related income (eg administration charges, overriders, profit shares) due to the firm in respect of or in relation to insurance mediation activity (or activities which would have been insurance mediation activity if they had been carried out after 13 January 2005 or, in relation to connected travel insurance contracts, from 1 January 2009)9 in relation to general insurance contracts or pure protection contracts;

Plus(B)13 in relation to the activities set out in (A),13 for any insurance mediation activity carried out by the firm for which it receives payment from the insurer on a basis other than that in (A),13 the amount of premiums receivable on the contracts of insurance resulting from that activity multiplied by 0.07;

Plus(C)13 if the firm is an insurer, in relation to the activities set out in (A),13 the amount of premiums receivable on its contracts of insurance multiplied by 0.07, excluding those contracts of insurance which:

(i) result from insurance mediation activity by another firm, where a payment has been made by the insurer to the firm under (A);13 or

(ii) the insurer reports in, and pays a fee under, the A.4 activity group; or

(iii) are not general insurance contracts or pure protection contracts.

Notes on annual income:

(2) For the purposes of calculating annual income, "net amount retained" means all the commission, fees, etc. in respect of insurance mediation activity that the firm has not rebated to customers or passed on to other firms (for example, where there is a commission chain). Items such as general business expenses (eg employees' salaries, overheads) should not be deducted.

(3) The firm must include in its income calculation, on the same basis as above, earnings from those who will become its appointed representatives immediately after authorisation.

(4) Reference to a "firm " above also includes reference to any person, including a connected travel insurance intermediary,9 who carried out activities which would be insurance mediation activity (in respect of general insurance contracts or pure protection contracts) if they had been carried out after 13 January 2005 or, in relation to connected travel insurance contracts, from 1 January 2009.9

(5) The same firm may receive income under (A) and (C).13

(6) A firm must include in (A) any income it receives from insurance mediation activity carried on by another person with respect to any general insurance contracts or pure protection contracts into which the firm has entered as insurer.13

(7) In calculating the net amount retained, a firm may not deduct amounts that it rebates to a person other than another firm, a person falling within the extended definition of firm in Note (4) or the firm's customer.13

(8) A firm may only deduct amounts under (A) in calculating its net amount retained if the amount is to be deducted from income that the firm must include under (A). Therefore for example: 13

(a) if an insurer (Firm A) pays a firm commission for arranging a general insurance contract or pure protection contract under which Firm A is the insurer, Firm A may not take that expense into account in calculating its annual income if Firm A does not receive a fee from the insured or another person in respect of that contract; and13

(b) if an insurer (Firm A) pays a firm (Firm B) commission for arranging a general insurance contract or pure protection contract under which Firm A is the insurer, Firm A receives a payment from the insured under that transaction and the amount payable to Firm B exceeds the amount payable by the insured, Firm A may not take that excess into account in calculating its annual income and must instead net the sum payable by the insured to zero.13

13 13 13 13 13 13 13 9

B. Market operators

Not applicable.

B. Service companies

Not applicable.11

B. MTF operators 12

Not applicable

Part 3

This table indicates the valuation date for each fee-block. A firm can calculate its tariff data by applying the tariff bases set out in Part 2 with reference to the valuation dates shown in this table.

Activity group

Valuation date

IN THIS TABLE, REFERENCES TO SPECIFIC DATES OR MONTHS ARE REFERENCES TO THE LATEST ONE OCCURRING BEFORE THE START OF THE PERIOD TO WHICH THE FEE APPLIES, UNLESS OTHERWISE SPECIFIED - E.G. FOR 2004/05 FEES (1 APRIL 2004 TO 31 MARCH 2005), A REFERENCE TO DECEMBER MEANS DECEMBER 2003.

Where a firm's tariff data is in a currency other than sterling, it should be converted into sterling at the exchange rate prevailing on the relevant valuation date.

A.1

For banks:

Modified eligible liabilities (MELs), valued at:

for a firm which reports monthly, the average of the MELs for October, November and December;

for a firm which reports quarterly, the MELs for December.

For credit unions:

MELs, valued at December or as disclosed by the most recent annual return made prior to that date.

For building societies:

MELs, valued at the average of the MELs for October, November and December.

21

A.2

Number of mortgages, home purchase plans,14home reversion plans3 and regulated sale and rent back agreements14 entered into in the twelve months ending 31 December.

AND

Number of mortgages, home purchase plans,14home reversion plans3and regulated sale and rent back agreements14 being administered on 31 December.

A.3

Annual gross premium income (GPI), for the financial year ended in the calendar year ending 31 December.

AND

Gross technical liabilities (GTL) valued at the end of the financial year ended in the calendar year ending 31 December.

A.4

Adjusted annual gross premium income (AGPI) for the financial year ended in the calendar year ending 31 December.

AND

Mathematical reserves (MR) valued at the end of the financial year ended in the calendar year ending 31 December.

A.5

Active capacity (AC), in respect of the Underwriting Year (as reported to the Society of Lloyd's) which is current at the beginning of the period to which the fee relates.

[Note: this is the Underwriting Year which is already in progress at the start of the fee period - e.g. for 2004/05 fees, the fee period will begin on 1 April 2004, which is in the 2004 Underwriting Year, so the AC for that Underwriting Year is the relevant measure.]

A.6

Not applicable.

A.7

Funds under management (FuM), valued at 31 December.

A.8

Not applicable.

A.9

Annual gross income (GI), valued at the most recent financial year ended before 31 December.

A.10

Number of traders as at 31 December.

A.11

Not applicable.

A.12

Relevant approved persons as at 31 December.

A.13

Relevant approved persons as at 31 December.

A.14

Relevant approved persons as at 31 December.

A.15

Not applicable.

A.16

Not applicable.

A.17

Not applicable.

A.18

Annual income (AI) for the financial year ended in the calendar year ending 31 December.

A.19

Annual income (AI) for the financial year ended in the calendar year ending 31 December.

B. Market operators

Not applicable.

B. Service companies

Not applicable.11

B. MTF operators 11

Not applicable

FEES 4 Annex 2 1 3 9 9Fee tariff rates, permitted deductions and EEA/Treaty firm modifications for the period from 1 April 14162012 to 31 March 2013161413

Part 1

This table shows the tariff rates applicable to each fee block

13(1)

For each activity group specified in the table below, the fee is the total of the sums payable for each of the tariff bands applicable to the firm's business, calculated by multiplying the value of the firm's tariff base by the rate applicable to each tranche of the tariff base, as indicated (Note 1).

(2)

A firm may apply the relevant tariff bases and rates to non-UK business, as well as to its UK business, if:

(a)

it has reasonable grounds for believing that the costs of identifying the firm'sUK business separately from its non-UK business in the way described in Part 2 of R are disproportionate to the difference in fees payable; and

(b)

it notifies the FSA in writing at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned.

(3)

For a firm which has not complied with FEES 4.4.2 R (Information on which fees are calculated) for this period:

(a)

the fee is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10;

(b)

an additional administrative fee of 250 is payable; and

(c)

the minimum total fee (including the administrative fee in (b)) is 430.

Note 1

In the case of activity groups A.3 and A.4 there are three tariff rates. The rate in column 1 applies to all firms in their respective fee-blocks. The rate in column 2 relates to the Solvency 2 Implementation fee and firms must determine their obligation to pay this fee by reference to Part 5 of this Annex. The rate in Column 3 relates to the Solvency 2 Special Project fee and firms must determine their obligation to pay this fee by reference to Part 4 of this annex. The total periodic fee for each of these fee-blocks is determined by adding the amounts obtained under all three columns, as applicable.

14

Activity group

Fee payable

A.1

Band width (£ million of Modified Eligible Liabilities (MELs))

Fee (£/£m or part £m of MELs)

General Periodic fee

16 		14

>10 - 140

40.301614

14 16 		14

>140 - 630

40.301614

14 16 		14

>630 - 1,580

40.301614

14 16 		14

>1,580 - 13,400

50.371614

14 16 		14

>13,400

66.491614

14 16 		14

For a firm in A.1 which has a limitation on its permission to the effect that it may accept deposits from wholesale depositors only, this fee is calculated as above less 30%.

The tariff rates in A.1 are not relevant for the permissions relating to operating a dormant account fund. Instead a flat fee of £6,00014 is payable in respect of these permissions.

14 14

A.2

Band width (No. of mortgages and/or home finance transactions)

Fee (£/mortgage)

>50 - 130

1.801614

14 16

>130 - 320

1.801614

14 16

>320 - 4,570

1.801614

14 16

>4,570 - 37,500

1.801614

14 16

>37,500

1.801614

14 16

A.3

Gross premium income (GPI)

Column 1

General periodic fee

Column 2

Solvency 2 Implementation fee

Column 3

Solvency 2 Special Project fee

Minimum fee (£)

Not applicable

25.0014

14

25.00

Band Width (£ million of GPI)

Fee (£/£m or part £m of GPI)

>0.5 - 10.5

647.011614

14

45.9314

14 16

59.661614

14 16

>10.5 - 30

647.011614

14 16

45.931614

14 16

59.661614

14 16

>30 - 245

647.011614

14 16

45.931614

14 16

59.661614

14 16

>245 - 1,900

647.011614

14 16

45.931614

14 16

59.661614

14 16

>1,900

647.011614

14 16

45.931614

14 16

59.661614

14 16

PLUS

Gross technical liabilities (GTL)

Column 1 General Periodic fee

Column 2 Solvency 2 Implementation fee

Column 3

Solvency 2 Special Project fee

Band Width (£ million of GTL)

Fee (£/£m or part £m of GTL)

>1 - 12.5

34.441614

14 16

2.421614

14 16

3.591614

14 16

>12.5 - 70

34.441614

14 16

2.421614

14 16

3.591614

14 16

>70 - 384

34.441614

14 16

2.421614

14 16

3.591614

14 16

>384 - 3,750

34.441614

14 16

2.421614

14 16

3.591614

14 16

>3,750

34.441514

14 16

2.421614

14 16

3.591614

14 16

For UK ISPV's the tariff rates are not relevant and a flat fee of £430 is payable in respect of each FSA financial year (the 12 months ending 31 March).

A.4

Adjusted annual gross premium income (AGPI)

Column 1

General Periodic fee

Column 2

Solvency 2 Implementation fee

Column 3

Solvency 2 Special Project fee

Minimum fee (£)

Not applicable

25.00

25.00

Band Width (£ million of AGPI)

Fee (£/£m or part £m of AGPI)

>1 - 5

806.721614

14 16

68.131614

14 16

69.031614

14 16

>5 - 40

806.721614

14 16

68.131614

14 16

69.031614

14 16

>40 - 260

806.721614

14 16

68.131614

14 16

69.031614

14 16

>260 - 4,000

806.721614

14 16

68.131614

14 16

69.031614

14 16

>4,000

806.721614

14 16

68.131614

14 16

69.031614

14 16

PLUS

Mathematical reserves (MR)

Column 1

General Periodic fee

Column 2

Solvency 2 Implementation fee

Column 3

Solvency 2 Special Project fee

Minimum fee (£)

Not applicable

25.00

25.00

Band Width (£ million of MR)

Fee (£/£m or part £m of MR)

>1 - 20

17.731614

14 16

1.521614

14 16

1.441614

14 16

>20 - 270

17.731614

14 16

1.521614

14 16

1.441614

14 16

>270 - 7,000

17.731614

14 16

1.521614

14 16

1.441614

14 16

>7,000 - 45,000

17.731614

14 16

1.521614

14 16

1.441614

14 16

>45,000

17.731614

14 16

1.521614

14 16

1.441614

14 16

A.5

Band Width (£ million of Active Capacity (AC))

Fee (£/£m or part £m of AC)

>50 - 150

61.021614

14 16

>150 - 250

61.021614

14 16

>250 - 500

61.021614

14 16

>500 - 1,000

61.021614

14 16

>1,000

61.021614

14 16

A.6

Flat fee

1,565,615.521614

14 16

PLUS

Solvency 2 Special Project Flat fee (£)

682,5001614

14 16

PLUS

Solvency 2 Implementation Flat fee (£)

149,517.371614

14 16

A.7

For class 1(C), (2) and (3) firms:

Band Width (£ million of Funds under Management (FuM))

Fee (£/£m or part £m of FuM)

>10 - 150

8.661614

14 16

>150 - 2,800

8.661614

14 16

>2,800 - 17,500

8.661614

14 16

>17,500 - 100,000

8.661614

14 16

>100,000

8.661614

14 16

For class 1(B) firms: the fee calculated as for class 1(C) firms above, less 15%. For class 1(A) firms: the fee calculated as for class 1(C) firms above, less 50%.

A.8

This activity group does not apply for this period.

A.9

Band Width (£ million of Gross Income (GI))

Fee (£/£m or part £m of GI)

>1 - 4.5

1,350.301614

14 16

>4.5 - 17

1,350.301614

14 16

>17 - 145

1,350.301614

14 16

> 145 - 750

1,350.301614

14 16

>750

1,350.301614

14 16

A.10

Band Width (No. of traders)

Fee (£/trader)

2 - 3

5,133.711614

14 16

4 - 5

5,133.711614

14 16

6 - 30

5,133.711614

14 16

31 - 180

5,133.711614

14 16

>180

5,133.71161417

14 16

17For firms carrying on auction regulation bidding, the fee in A.10 is calculated as above less 20% for each trader that carries on auction regulation bidding but not MiFID business bidding or dealing in investments as principal.

A.11

This activity group does not apply for this period.

A.12

Band Width (No. of persons)

Fee (£/person)18

18

2 - 5

591.5816

14 16

6 - 35

591.581614

14 16

36 - 175

591.581614

14 16

176 - 1,600

591.581614

14 16

>1,600

591.581614

14 16

For a professional firm in A.12 the fee is calculated as above less 10%.

A.13

For class (2) firms:

Band Width (No. of persons)

Fee (£/person)

2 - 3

1,191.4716

16

4 - 30

1,191.4716

16

31 - 300

1,191.4716

16

301 - 2,000

1,191.4716

16

>2,000

1,191.4716

16

For class (1) firms: 1,850 For a professional firm in A.13 the fee is calculated as above less 10%.

A.14

Band Width (No. of persons)

Fee (£/person)

2 - 4

1,742.491614

14 16

5 - 25

1,742.491614

14 16

26 - 80

1,742.491614

14 16

81 - 199

1,742.491614

14 16

>199

1,742.491614

14 16

A.15

This activity group does not apply for this period.

A.16

This activity group does not apply for this period.

A.17

This activity group does not apply for this period.

A.18

Band Width ( thousands of Annual Income (AI))

Fee (£/£ thousand or part £ thousand of AI)

>100 - 180

14.331614

14 16

>180 - 1,000

14.331614

14 16

>1,000 - 12,500

14.331614

14 16

>12,500 - 50,000

14.331614

14 16

>50,000

14.331614

14 16

A.19

Band Width (£ thousands of Annual Income (AI))

Fee (£/£ thousand or part £ thousand of AI)

>100 - 325

1.681614

14 16

>325 - 10,000

1.681614

14 16

>10,000 - 50,750

1.681614

14 16

>50,750 - 250,000

1.681614

14 16

>250,000

1.681614

14 16

B. Market operators

£40,25016

16

B. Service companies

Bloomberg LP

£51,7501614

16

LIFFE Services Ltd

£40,25016

16

[row deleted]

OMGEO Ltd

£40,25016

16

Reuters Ltd

£51,75016

16

Swapswire Ltd

£40,25016

16

B. MTF operators

As set out in FEES 4 Annex 10R (Periodic fees for MTF operators).

Part 1 A

13(1)

This Part sets out the minimum fee applicable to the firms specified in (3) below.

(2)

The minimum fee payable by any firm referred to in (3) is £1,000 unless:

(a)

it is a credit union that meets the conditions in (4), in which case the minimum fee payable is as set out in (4); or

(b)

it is a non-directive friendly society that falls into the A.3 activity group but not the A.4 activity group and meets the conditions set out in (5)(a), in which case the minimum fee payable is £430; or.

(c)

it is a non-directive friendly society that falls into the A.4 activity group but not the A.3 activity group and meets the conditions in (5)(b), in which case the minimum fee payable is £430; or

(d)

it is a non-directive friendly society that falls into the A.3 and A.4 activity groups and meets the conditions in (5)(a) and (5)(b), in which case the minimum fee payable is £430;

(3)

A firm (including an incoming EEA firm and an incoming Treaty firm) is referred to in this paragraph if it falls within the following activity groups: A.1; A.2; A.3 (excluding UK ISPVs); A.4; A.5; A.7; A.9; A.10; A.12; A.13; A.14; A.18; and A.19 (Note 1).

(4)

The conditions referred to in (2)(a) are that the credit union has a tariff base (Modified Eligible Liabilities) of:

(a)

£0 to 0.5million, in which case a minimum fee of 160 is payable; or

(b)

greater than £0.5millon but less than £2.0million, in which case a minimum fee of £540 is payable.

(5)

The conditions referred to in (2) are that:

(a)

the non-directive friendly society falls into the A.3 activity group and has, for that activity, 0.5 million or less in gross premium income and holds gross technical liabilities of £1.0 million or less;

(b)

the non-directive friendly society falls into the A.4 activity group and has, for that activity, written £1.0 million or less in adjusted gross premium income and holds mathematical reserves of £1.0 million or less.

The figures for gross premium income, gross technical liabilities, adjusted gross premium income and mathematical reserves are the same as used for Part 1 of this Annex.

Note 1

In the case of a firm which is required to pay the Solvency 2 Implementation fee (see Part 5) and, where relevant, the Solvency 2 Special Project fee there is an additional minimum fee set out in Part 1.

Part 2

This table shows the permitted deductions that apply where financial penalties are received by the FSA under sections 66, 123 and 206 of the Act and regulation 42 of the Money Laundering Regulations:1413

14

4Activity group

 13

Amount of deduction

13Part 1A (minimum fee)

1.216%14 of the fee payable by the firm for the activity group (see Part 1)

14 16

A.1

 13

8.316%141310 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.2

 13

17.816%141310 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.3

 13

4.316%141310 of the fee payable by the firm for the activity group (see Part 1). The deduction does not apply to any Solvency 2 Special Project 13fee (as defined in Part 1)7 or Solvency 2 Implementation fee as applicable under Part 5.10

6 10 13 14 16

A.4

 13

4.816%141310 of the fee payable by the firm for the activity group (see Part 1). The deduction does not apply to any Solvency 2 Special Project 13fee (as defined in Part 1)7 or Solvency 2 Implementation fee as applicable under Part 5.10

6 10 13 14 16

A.5

 13

1.216%141310 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.6

 13

1.216%1410 of the fee payable by the firm for the activity group (see Part 1). The deduction does not apply to any Solvency 2 Special Project flat fee or Solvency 2 Implementation flat fee (as defined in Part 1).10

6 10 13 14 16

A.7

 13

26.616%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.9

 13

33.916%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.10

 13

12.816%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.12

 13

42.216%1410 of the fee payable by the firm for then activity group (see Part 1)

6 10 13 14 16

A.13

 13

11.416%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.14

 13

26.616%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.18

 13

24.816%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16

A.19

 13

8.316%1410 of the fee payable by the firm for the activity group (see Part 1)

6 10 13 14 16
9

Part 33

This table shows the modifications to fee tariffs that apply to incoming EEA firms and incoming Treaty firmswhich have established branches in the UK5.

Activity group

Percentage deducted from the tariff payable under Part 1 applicable to the firm

13

A.1

50%13

13 5 		13 5

A.3

9013%

13 		13

A.4

25%

 13

A.7

5%

 13

A.9

5%

 13

A.10

In relation to each trader that carries on auction regulation bidding but not MiFID business bidding or dealing in investments as principal, 100%.

In relation to all other traders, 1710%.17

 13

A.12

10%

 13

A.13

10%

 13

A.19

10%

 13

B. MTF operators 9

Not applicable

 13

Note 113

The modifications to fee tariffs payable by an incoming EEA firm or an incoming Treaty firm which has established a branch in the UK 5apply 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 UK.

13Note 2

The minimum fee described in Part 1A of FEES 4 Annex 2 R applies in full and the modifications in this Part do not apply to it.

7Part 4

This table shows the calculation of the Solvency 2 Special Project 13fee for firms falling into fee block A.3 or A.4.13

(1)

The Solvency 2 Special Project 13fee forms part of the periodic fee payable under fee blocks14 A.3 and A.4.

14 14

(2)

The Solvency 2 Special Project 13fee is only payable by a firm if it meets the conditions in Part 5 and either of the 16conditions set out in paragraph (3) of this Part.14

13 14 16

(a)

[deleted]14

10 14

(b)

[deleted]14

13 14 10

(c)

[deleted]13

10 10 13

10(d)

[deleted]13

13

(3)

The conditions are that:14

10 10 10 10 13 14

14(a)

before 1 April 201216 the firm, or a member of the group of which the firm is also a member (in either case, the recipient), received a written communication from the FSA that it has met the criteria for entry into pre-Internal Model Approval Process status (pre-IMAP) and the recipient remains in pre-IMAP status on 1 April 2012; or16

16 16

14(b)

before 1 April 2013 the firm makes a written application to the FSA for internal model approval under the Solvency 2 Directive where:16

16(i) the application is made on or after the date from which the FSA is required under the Solvency 2 Directive to consider internal model approvals from a firm; and

(ii) the firm has not otherwise paid a Solvency 2 Special Project Fee in respect of the FSA financial year ending on 31 March 2013.

16

(4)

For the purposes of (3)(b), the recipient will be deemed to be in pre-IMAP status unless, before 1 April 2011:14

14 13 13

14(a)

the recipient informs the FSA in writing that it wishes to withdraw from pre-IMAP status; or

14(b)

the recipient has been informed by the FSA in writing that it is no longer in pre-IMAP status.

(5)

For the purposes of this Part a reference to pre-IMAP means the status achieved by the recipient by joining the process established by the FSA whereby the FSA and the recipient engage with a view to the FSA establishing whether an internal model developed by the recipient is likely to meet the tests and standards specified in the Solvency 2 Directive.14

10 13 14

(6)

A reference to group in this Part means a group determined by reference to the provisions contained in Title III, Chapter I of the Solvency 2 Directive.14

8 10 13 14

(7)

[deleted]13

13 10

(8)

[deleted]13

10 13

(9)

[deleted]13

13

(10)

[deleted]13

13

(11)

FEES 4.2.6 R and FEES 4.2.7 R do not apply to the Solvency 2 Special Project fee.13

13

10Part 5

This Part sets out when a Solvency 2 Implementation fee is due for firms in the A.3 and A.4 fee-blocks.

(1)

The Solvency 2 Implementation fee is only payable by a firm if it meets all the conditions in (2) and neither of the conditions in (3).

(2)

The conditions in this paragraph are:

(a)

FEES 4.3.13 R (Firms Applying to Cancel or Vary Permission Before Start of Period) does not apply with respect to the relevant fee-blocks;

(b)

the firm has not notified the FSA before the start of the financial year 2012/131614 that it intends to migrate out of the United Kingdom for regulatory purposes before the Solvency 2 Directive13 is implemented;

13 14 16 13

(c)

it meets either of the following conditions:13

13

(i) its gross premium income or adjusted gross premium income, as appropriate, referred to in R Part 2, exceeds EUR 5 million at the end of the financial year ended in the calendar year ending 31 December prior to the FSA financial year; or

(ii) its gross technical liabilities or mathematical reserves, as appropriate, referred to in R, Part 2, exceed EUR 25 million at the end of the financial year ended in the calendar year ending 31 December prior to the FSA financial year;13

(d)

it was in one or both of the insurance fee blocks at the start of the financial year 2012/1316;14

13 14 16

13(e)

it is not an incoming EEA firm or an incoming Treaty firm.

(3)

The conditions in this paragraph are:

(a)

the firm is a reinsurance undertaking that has, by 10 December 2007, ceased to conduct new insurance business and only administers its existing portfolio in order to terminate its activity as a reinsurance undertaking;

(b)

it is a reinsurance undertaking whose insurance business is conducted or fully guaranteed by the United Kingdom government for reasons of substantial public interest in the capacity of reinsurer of last resort.

(4)

Where a firm has notified the FSA that it intends to migrate out of the United Kingdom for regulatory purposes before the Solvency 2 Directive13is implemented in the United Kingdom but when the Solvency 2 Directive13is implemented that firm remains in the United Kingdom for regulatory purposes, it must pay the Solvency 2 Implementation fee for each financial year commencing 1 April 2009 for which the Solvency 2 Implementation fee would have applied to the firm but for the firm notifying the FSA of its intention to migrate.

13 13

(5)

Where a firm is required to pay a Solvency 2 Implementation fee because of the circumstances described in (4) it must pay this fee within 30 days of the date of the invoice.

(6)

For the purposes of this Part, the exchange rate from the Euro to the pound sterling is calculated as at the last day of the October preceding the financial year of the FSA in question for which the exchange rates for the currencies of all European Union member states were published in the Official Journal of the European Union.

13(7)

FEES 4.2.6 R and FEES 4.2.7 R do not apply to the Solvency 2 Implementation fee.

FEES 4 Annex 4 1Periodic fees in relation to collective investment schemes payable for the period 1 April 92012 to 31 March 201398

R

1Part 1 - Periodic fees payable

Scheme type

Basic fee (£)

Total funds/sub-funds aggregate

Fund factor

Fee (£)

ICVC,

AUT,Section 264 of the Act

Section 270 of the Act

5809

2 4 6 8 9

1-2

3-6

7-15

16-50

>50

1

2.5

5

11

22

58091,45092,90096,3809

12,7609

2 3 6 2 3 6 2 3 6 2 3 6 2 3 6 7 8 8 8 8 8 9 9 9 9 9

Section 272 of the Act

2,3609

2 4 7 8 9

1-2

3-6

7-15

16-50

>50

1

2.5

5

11

22

2,3609

5,9009

11,8009

25,9609

51,9209

2 3 6 2 3 2 3 6 2 3 6 2 3 6 7 8 8 8 8 8 9 9 9 9 9

Fees are charged according to the number of funds or sub-funds5operated by a firm as at 31 March 20129.83 Where a new collective investment scheme becomes authorised during a year, fees are charged according to the number of funds or sub-funds5operated by a firm as at the date of authorisation. Where more than one fund or sub-fund5is operated,5 the number of funds (not including the umbrella5or parent fund) produces a 'fund factor' in accordance with the table above,5 which is then applied to a basic fee to produce one total fee per operator5. Fund factors are applied per operator5rather than per scheme5so that the fees relate to the number of funds rather than the number of schemes5. This means that, for example, an authorised fund manager5 of three schemes5pays the same as an operator5or authorised fund manager5of one scheme5with three sub-funds5(as only the sub-funds5are counted).

Schemes 5 set up under section 264 of the Act are charged according to the number of funds or sub-funds5which a firm is operating and marketing into the UK as at 31 March immediately before the start of the period to which the fee applies. For example, for 2010/117fees a reference to 31 March means 31 March 2010.7

5 2 3 5 8 9 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 3 7 3

FEES 4 Annex 5 1 5 11Periodic fees for designated professional bodies payable in relation to the period 1 April 2012 to 31 March 201313

R

1Table of fees10 payable by Designated Professional Bodies

Name of Designated Professional Body

Amount payable

Due date

The Law Society of England & Wales

£36,59513

3 5 7 10 11 11

30 April 201213

3 5 7 10 11 11

£28,2351412

3 4 5 6 8 9 12 14

1 September 20121412

3 5 8 9 12 14

The Law Society of Scotland

£13,0801412

4 6 8 9 12

1 July 20121412

4 6 8 9 12 14

The Law Society of Northern Ireland

£12,5001412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

The Institute of Actuaries

£10,0901412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

The Institute of Chartered Accountants in England and Wales

£22,3401412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

The Institute of Chartered Accountants of Scotland

£11,0301412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

The Institute of Chartered Accountants in Ireland

£10,5601412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

The Association of Chartered Certified Accountants

£15,9601412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

The Council for Licensed Conveyancers

£11,0801412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

Royal Institution of Chartered Surveyors

£13,3601412

4 6 8 9 12 14

1 July 20121412

4 6 8 9 12 14

Notes

(1) The FSA register includes details of exempt professional firms carrying out insurance mediation activity.

4 2

FEES 4 Annex 6 1 4 9 12Periodic fees for recognised investment exchanges, recognised clearing houses and recognised auction platforms payable in relation to the period 1 April 2012 to 31 March 201313

R

1In this Annex:

- the term recognised body includes a body which was a recognised investment exchange or a recognised clearing house recognised under the Financial Services Act 1986 and which is a recognised body as a result of Regulation 9 of the Recognition Requirements Regulations; and

- the term recognition order includes a recognition order made by the FSA under section 37 or section 39 of the Financial Services Act 1986 or a recognition order made by the Treasury under section 40 of the Financial Services Act 1986.

Part 1 - Periodic fees for UK recognised clearing houses and recognised investment exchanges12

12

Name of UK recognised body

Amount payable

Due date

Euroclear UK & Ireland Limited4

4

£300,00013

2 4 6 9 10 10

430 April 201213

2 4 6 9 10 10

£410,5001411

3 5 7 8 11 14

1 September 20121411

3 5 8 11 14

ICE Futures Europe Ltd4

2 4

£250,00013

2 4 6 9 10

430 April 201213

4 6 9 10 10

£365,5001411

3 5 7 8 11 14

1 September 20121411

3 5 7 8 11 14

LIFFE Administration and Management

£375,00013

2 4 6 9 10 10

430 April 201213

2 4 6 9 10

£510,5001411

3 5 7 8 11 14

1 September 20121411

3 5 7 8 11 14

LCH Clearnet Limited

£350,00013

2 4 6 9 10 10

430 April 201213

2 4 6 9 10 10

£545,0001411

3 5 7 8 11 14

1 September 20121411

3 5 7 8 11 14

The London Metal Exchange Limited

£225,00013

2 4 6 10 10

430 April 201213

2 4 6 9 10

£319,5001411

3 5 7 8 11 14

1 September 20121411

3 5 7 8 11 14

London Stock Exchange plc

£307,00013

2 4 6 9 10 10

430 April 201213

2 4 6 9 10 13 10

£427,0001411

3 5 7 8 11 14

1 September 2012141113

3 5 7 8 11 14

PLUS Markets Plc4

£95,00013

6 9 10 10

30 April 201213

6 9 10 10

£127,5001411

7 8 11 14

1 September 20121411

7 8 11 14

European Central Counterparty Limited4

£177,50013

6 9 10 10

30 April 201213

6 9 10 10

£203,0001411

8 11 14

1 September 20121411

8 11 14

ICE Clear Europe Limited4

£270,00013

6 9 10 10

30 April 201213

6 9 10

£416,5001411

8 11 14

1 September 20121411

8 11 14

10Chicago Mercantile Exchange Clearing Europe

£200,00013

30 April 201213

£275,5001411

14

1 September 20121411

14

Any other UKrecognised investment exchange recognised as such by a recognition order made in the period

£150,000

30 days after the date on which the recognition order is made

Any other UKrecognised clearing house recognised as such by a recognition order made in the period

£250,000

30 days after the date on which the recognition order is made

12Part 1A - Periodic fees for recognised auction platforms

12Name of recognised auction platform

Amount payable

Due date

An RAP recognised as such by a recognition order made in the period

£50,000

30 days after the date on which the recognition order is made

Part 2 - Periodic fees for overseas recognised bodies

Name of overseas recognised body

Amount payable

Due date

The Chicago Mercantile Exchange (CME) (ROIE)7

50,000148

3 5 7 7 14

1 July 2012141187

3 5 7 8 11 14

Chicago Board of Trade

50,0001487

3 5 7 8 14

1 July 2012141187

3 5 7 8 11 14

EUREX (Zurich)

50,0001487

3 5 7 8 14

1 July 2012141187

3 5 7 8 11 14

National Association of Securities and Dealers Automated Quotations (NASDAQ)

£50,0001487

3 5 7 8 14

1 July 2012141187

3 5 7 8 11 14

New York Mercantile Exchange Inc.

50,000148

3 5 7 7 8 14

1 July 2012141187

3 5 7 8 11 14

The Swiss Stock Exchange

50,000148

3 5 7 7 8 14

1 July 2012141187

3 5 7 8 11 14

Sydney Futures Exchange Limited

50,000148

3 5 7 7 8 14

1 July 2012141187

3 5 7 8 11 14

5ICE Futures US Inc

50,000148

7 7 8 14

1 July 2012141187

7 8 11 14

8NYSE Liffe US

£50,00014

14

1 July 20121411

11 14

SIS x-clear AG

£125,000148

3 3 5 7 7 14

1 July 2012141187

3 5 7 8 11 14

3Eurex Clearing AG

£85,0001411

5 7 7 8 11 14

1 July2012141187

5 7 8 11 14

5ICE Clear US Inc

£85,000148

7 7 8 14

1 July 2012141187

7 8 11 14

5Chicago Mercantile Exchange (CME) (ROCH)7

7

£125,0001411

7 7 11 14

1 July 2012141187

7 8 11 14

8European Multi-Lateral Clearing Facility

£125,00014

14

1 July 20121411

11 14

Cassa di Compensazione e Garanzia (CC&G)

£85,00014

14

1 July 20121411

11 14

11LCH Clearnet SA

£125,00014

14

1 July 201214

14

Green Exchange (ROIE)

50,000

1 July 201214

Any other overseas investment exchange recognised as such by a recognition order made in the period

3 5£40,0009

3 7 9

30 days after the date on which the recognition order is made

Any other overseas clearing house recognised as such by a recognition order made in the period

£70,0009

3 5 7 9

30 days after the date on which the recognition order is made

FEES 4 Annex 7 1 2 4Periodic fees in relation to the Listing Rules for the period 1 April 82012 to March 20138764

R

1Fee type

Fee amount

Annual fees for the period 1 April 2012 to 31 March 2013876

2 3 4 4 7 8

Annual Issuer Fees - all listedissuers of shares, depositary receipts and securitised derivatives. This fee represents the total annual fee for a listedissuer - no additional annual fee is due under the disclosure rules and transparency rules.

(1) For all issuers of securitised derivatives, the fees payable are set out in Table 1.

(2) For all other issuers, fees to be determined according to market capitalisation, as at the last business day of the November prior to the FSA financial yearin which the fee is payable,5 are 3as set out in Table 2. The fee is calculated as follows:

(a) the relevant minimum fee; plus

(b) the cumulative total of the sums payable for each of the bands calculated by multiplying each tranche of the firm's market capitalisation by the rate indicated for that tranche.

(3) Notwithstanding (2), overseasissuers with a listing of equity securities which is not a primary listingpremium listing6will only pay 80% of the fee otherwise payable under (2).

8 8 8

No fee is due under this annex in relation to regulated covered bonds. 1 R sets out the fees due in relation to regulated covered bonds.

Annual fees are charged in annual cycles beginning on 1 April of a year and ending on 31 March of the following year. For fees purposes issuers should take into account only equity ordinary shares, including those issued by suspended issuers.

Table 1

The annual fee8 for issuers of securitised derivatives is 4,200.8

8 8

Table 2

Tiered annual fees for all other issuers

Fee payable

Minimum fee (£)

£4,200863

2 3 6 8

£ million of Market Capitalisation as at the last business day of the November prior to the FSA financial year in which the fee is payable5

Fee (£/£m or part £m of Market Capitalisation as at the last business day of the November prior to the FSA financial year in which the fee is payable)5

0 - 100

0

>100 - 250

26.778459864

2 3 4 6 8

>250 - 1,000

10.710673864

2 3 4 6 8

>1,000 - 5,000

6.592859864

2 3 4 6 8

>5,000 - 25,000

0.160820864

2 3 4 6 8

>25,000

0.051957864

2 3 4 6 8

There is deducted from the fee specified in this Annex 1.88%76 of the fee payable to take into account financial penalties received by the FSA under section 91 of the Act7in the previous financial year.4

6 7 8

FEES 4 Annex 8 1 2 4Periodic fees in relation to the disclosure rules and transparency rules for the period 1 April 72012 to 31 March 20137654

R

Annual fees for the period 1 April 2012 to 31 March 2013765

2 3 6 7

All non-listed issuers of shares, depositary receipts and securitised derivatives. Annual fees for listed issuers in respect of Disclosure Rules and Transparency Rules obligations are incorporated in the annual fee for listed issuers under the Listing Rules.

(1) For all non-listed issuers of securitised derivatives, depositary receipts and global depositary receipts the fees payable are set out in Table 1.

(2) For all other non-listed issuers, fees to be determined according to market capitalisation as set out in Table 2. The fee is calculated as follows:

(a)

the relevant minimum fee; plus

(b)

the cumulative total of the sums payable for each of the bands calculated by multiplying each relevant tranche of the firm's market capitalisation by the rate indicated for that tranche.

Fees from other fee schedules contained in other sections of the sourcebook may be applicable to a single submission.

Table 1

Annual fees for non-listed issuers of securitised derivatives, depositary receipts and global depositary receipts

Issuer

Fee amount

Issuers of securitised derivatives

£3,360753

2 3 7

Issuers of depositary receipts and global depositary receipts

£2,688753

2 3 5 7

Table 2

Fee payable

Minimum fee (£)

3,360753

2 3 5 7

£ million of Market Capitalisation as at the last business day of the November prior to the FSA financial year in which the fee is payable7

Fee (£/£m or part £m of Market Capitalisation) as at the last business day of the November prior to the FSA financial year in which the fee is payable)7

0 - 100

0

>100 - 250

21.422767754

2 3 4 5 7

>250 - 1,000

8.568538754

2 3 4 5 7

>1,000 - 5,000

5.274287754

2 3 4 5 7

>5,000 - 25,000

0.128656754

2 3 4 5 7

>25,000

0.041565754

2 3 4 5 7

There is deducted from the fee specified in this Annex 1.87% of the fee payable to take into account financial penalties received by the FSA under section 91 of the Act in the previous financial year.6

7

FEES 4 Annex 9 2 2Periodic fees in respect of securities derivatives for the period from 1 April 62012 to 31 March 2013653

R

1Part 1

This table shows the fee amount applicable to firms and market operators in respect of certain securities derivatives.3

For the purposes of this Annex, a3 relevant contract3 is any contract 3entered into or settled 3by firms on or through LIFFE or Eurex Clearing AG3 in securities derivatives3 and the relevant period is 1 January 20116532 to 31 December 20116532 inclusive.

The fee shown in the table below for firms (but not for market operators) will be subject to a deduction of 1.265%,3 as if that fee were a periodic fee charged under FEES 4.3.3 R, and the deduction were a deduction set out in Part 2 of FEES 4 Annex 2 R.

3 3 3 2 3 6 2 3 5 6 2 2 3 5 6

Fee amount for firms

Number of relevant contracts entered into by the firm during the relevant period

Fee amount

0 - 100

£0

101 - 1,000

£5956532

2 3 5 6

1,001 - 100,000

£2,9956532

2 3 5 6

100,001 - 1,000,000

£9,000653

2 3 5 6

1,000,001 - 5,000,000

£21,600653

2 3 5 6

5,000,001 - 20,000,000

£38,280653

2 2 3 5 6

>20,000,000

£58,300653

2 3 5 6

Fee amount for market operators

Market operators providing facilities for trading in securities derivatives3that do not identify those securities derivatives3using an International Securities Identification Number 48.

3 3 4 8

£11,150653

3 5 6

FEES 4 Annex 10 1Periodic fees for MTF operators payable in relation to the period 1 April 42012 to 31 March 2013432

R
33323

1Name of MTF operator

Fee payable (£)

Due date 1 July 2012432

2 3 4

Barclays Bank Plc

5,000432

4

3Baltic Exchange Derivatives Trading Ltd4

4

23,5004

4

BATS Trading Ltd

109,00042

4

BGC Brokers L.P

5,000432

2 4

Cantor Index Limited

10,000432

3 4

Chi-X Europe Limited

175,000432

2 3 4

EuroMTS Limited

35,50042

2 4

GFI Brokers Limited

5,000432

2 3 4

GFI Securities Limited

5,000432

2 3 4

ICAP Electronic Broking Limited

7,800432

2 3 4

ICAP Energy Limited

5,000432

2 3 4

ICAP Europe Limited

5,000432

2 3 4

ICAP Shipping 2Tanker Derivatives Limited

2

5,000432

3 4

ICAP Securities Limited

5,000432

2 3 4

ICAP WCLK Limited

5,000432

2 3 4

3J.P.Morgan Cazenove Limited

N/A4

4

Liquidnet Europe Limited

83,00042

4

MF Global UK Limited

N/A432

2 3 4

My Treasury Limited

5,000432

2 3 4

4iSWAP Euro Ltd

5,000

3Nomura International Plc4

5,0004

4

4Credit Agricole Cherveux International

5,000

3

4 		4

2SmartPool Trading Limited

26,50043

3 4

TFS-ICAP Limited

5,000432

2 3 4

Tradeweb Europe Limited

16,000432

2 3 4

Tradition (UK) Limited

5,000432

2 3 4

Tradition Financial Services Limited

5,000432

2 3 4

Tullett Prebon (Europe) Limited

5,000432

2 3 4

Tullett Prebon (Securities) Limited

5,000432

2 3 4

3Turquoise Global Holdings Ltd

165,5004

4

4Goldman Sachs International

5,000

3UBS Ltd

5,0004

4

Any other firm whose permission includes operating a multilateral trading facility, including:

(a) an EEA firm; or

(b) a firm that, during the course of the relevant financial year, receives permission for operating a multilateral trading facility or whose permission is extended to include this activity.

In the case of an EEA firm that:

(a) has not carried on the activity of operating a multilateral trading facility in the UK at any time in the calendar year ending 31 December 20114;2 and

(b) notifies the FSA of that fact by the end of March 201242;

the fee is zero.

Information required under (b) is to be treated as information required under FEES 4.4 (Information on which Fees are calculated)

In any other case: £4,400432

2 4 2 4 2 3 4

In the case of a firm that, during the course of the relevant financial year, receives permission for operating a multilateral trading facility or whose permission is extended to include this activity, within 30 days of receiving that permission or extension.

In any other case, 1 July 201243

2 3 4

2There is deducted from the fee specified in this Annex 9.34%3 of the fee payable to take into account financial penalties received by the FSA under section 66, 123 and 206 of the Act3in the previous financial year.

3 4

FEES 4 Annex 11 Periodic fees in respect of payment services carried on by fee-paying payment service providers under the Payment Services Regulations and electronic money issuance by fee-paying electronic money issuers under the Electronic Money Regulations and issuance of regulated covered bonds by issuers6 in relation to the period 1 April 62012 to 31 March 20136432

R

2Part 1 - Method for calculating the fee for fee-paying payment service providers4

(1)

The periodic fee for fee-paying payment service providers is calculated by identifying the relevant activity group under Part 2 and then4adding the minimum fee to an additional fee calculated by multiplying the tariff base identified in Part 3 of FEES 4 Annex 11 by the appropriate rates applying to each tranche of the tariff base as indicated in the table at Part 5. For small payment institutions and small electronic money institutions4the tariff rates are not relevant and a flat fee is payable.

4

(2)

A fee-paying payment service provider may apply the relevant tariff bases and rates to non-UK business, as well as to its UK business, if:

(a)

it has reasonable grounds for believing that the costs of identifying the firm'sUK business separately from its non-UK business in the way described in Part 3 of FEES 4 Annex 11 is disproportionate to the difference in fees payable; and

(b)

it notifies the FSA in writing at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned.

(3)

For a fee-paying payment service provider which is required to comply with FEES 4.4.9 D (Information on which fees are calculated) and has not done so for this period:

(a)

the fee is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10;

(b)

an additional administrative fee of £250 is payable; and

(c)

the minimum total fee (including the administrative fee in (b)) is £650.

4Part 1A - Method for calculating the fee for fee-paying electronic money issuers

(1)

The periodic fee for fee-paying electronic money issuers is calculated by identifying the relevant activity group under Part 2A and then multiplying the tariff base identified in Part 3 of 1 R by the appropriate rates applying to each tranche of the tariff base as indicated in the table at Part 5. For small electronic money institutions, the tariff rates are not relevant and a flat fee is payable.

(2)

A fee-paying electronic money issuer may apply the relevant tariff bases and rates to non-UK business, as well as to its UK business, if:

(a)

it has reasonable grounds for believing that the costs of identifying the firm'sUK business separately from its non-UK business in the way described in Part 3 of 1 R is disproportionate to the difference in fees payable; and

(b)

it notifies the FSA in writing at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned.

(3)

For a fee-paying electronic money issuer which is required to comply with FEES 4.4 (Information on which fees are calculated) and has not done so for this period:

(a)

the fee is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10;

(b)

an additional administrative fee of £250 is payable; and

(c)

the minimum total fee (including the administrative fee in (b)) is £650.

4Part 1B - Method for calculating the periodic fee where the firm is both a fee-paying payment service provider and a fee-paying electronic money issuer

Add the fee calculated under Part 1 to the fee calculated under Part 1A.

6Part 1C - Method for calculating the fee for an issuer of a regulated covered bond

The issuance of regulated covered bonds by issuers is linked to activity group G.15 in this annex. The periodic fees for issuers of regulated covered bonds is calculated by multiplying the tariff base relevant to G.15 in Part 3 of 1 R by the appropriate rates applying to each tranche of the tariff base as indicated in the table at Part 5.

Part 2 - Activity groups relevant to fee-paying payment service providers4

This table shows how the payment services performed by fee-paying payment service providers are linked to activity groups (fee-blocks). A fee-paying payment service provider can use the table to identify which fee-blocks it falls into based on its authorisation or registration.

Activity group

Fee payer falls into this activity group if:

G.2 Certain deposit acceptors

4

it is a fee-paying payment service provider not falling within any of the other fee-blocks in this table

G.3 Large payment institutions

it is a fee-paying payment service provider that is 4an authorised payment institution,4 an EEA authorised payment institution, 4 the Post Office Limited or a fee-paying electronic money issuer (except if it is a small electronic money institution)4

4

G.4 Small payment institutions

it is a fee-paying payment service provider that is 4a small payment institution or a small electronic money institution4

4

G.5 - Other institutions

it is the Bank of England or a government department or local authority that provides payment services other than when carrying out functions of a public nature.

4Part 2A - Activity groups relevant to fee-paying electronic money issuers

This table shows how the electronic money issuance by fee-paying electronic money issuers is linked to activity groups ('fee-blocks'). A fee-paying electronic money issuer can use the table to identify which fee-blocks it falls into based on its authorisation, registration or permission, as applicable.

4Activity group

Fee payer falls into this activity group if:

G.10 Large electronic money institutions

it is a fee-paying electronic money issuer (except if it is a small electronic money institution)

G.11 Small electronic money institutions

it is a small electronic money institution

Part 3

This table indicates the tariff base for each fee-block. The tariff base is the means by which the FSA measures the amount of business conducted by fee-paying payment service providers,6fee-paying electronic money issuers and issuers of regulated covered bonds6.4

6

Activity Group

Tariff base

G.2

MODIFIED ELIGIBLE LIABILITIES

These are determined in the same manner as the tariff-base for relevant firms in the A.1 fee-block set out in FEES 4 Annex 1 Part 2 R.

G.3

RELEVANT INCOME

This is the sum of the following elements of the firm'sUK business:

Interest income

Interest expenses

Gross commissions and fees received

Gross other operating income

calculated in the same manner as the relevant indicator referred to in paragraph

18(3)

of Schedule 3 to the Payment Services Regulations.

For the Post Office Limited only, Relevant Income relates only to its payment services business.

G.4

Not applicable.

G.5

As in G.3 and Relevant Income only relates to payment services business.

4G.10

Average outstanding electronic money as defined under regulation 2(1) of the Electronic Money Regulations.

This is the average total amount of financial liabilities related to electronic money in issue at the end of each calendar day over the preceding twelve5 calendar months (which is the period ending on the date set out under Part 4), calculated on the first calendar day of each calendar month and applied for that calendar month (£million).5

5 6

4G.11

Not applicable.

6G.15

Regulated covered bonds issued in the 12 months ending on the valuation date and valued as at the valuation date.

Part 4 - Valuation period

This table indicates the valuation date for each fee-block. A fee-paying payment service provider,6 a fee-paying electronic money issuer and a regulated covered bondissuer64can calculate tariff data by applying the tariff bases set out in Part 34 with reference to the valuation dates shown in this table.

6 4 4

Activity group

Valuation date

In this table, reference to specific dates or months are references to the latest one occurring before the start of the period to which the fee applies e.g. for 2010/11 fees (1 April 2010 to 31 March 2011), a reference to December means December 2009.

Where the tariff data of a fee-paying payment service provider or a fee-paying electronic money issuer4 is in a currency other than sterling, it must be converted into sterling at the exchange rate prevailing on the relevant valuation date.

4

G.2

For banks and building societies as in FEES 4 Annex 1 Part 3.

4

G.3

Relevant income for the financial year ended in the calendar year ending 31 December.

G.4

Not relevant.

G.5

Relevant income for the twelve months ending 31 December.

4G.10

31 December.

4G.11

Not relevant.

6G.15

(1) The last day of the financial quarter during which the issuer became registered as an issuer in the FSA financial year (the 12 months ending 31 March).

(2) For subsequent FSA financial years, 31 December unless (3) applies.

(3) If the issuer became registered as an issuer between 1 January and 31 March inclusive, 31 March in respect of the FSA financial year immediately following the FSA financial year during which it became registered and 31 December in respect of all further FSA financial years.

A reference to a financial quarter in this box means any of the following periods: 1 April to 30 June inclusive, 1 July to 30 September inclusive, 1 October to 31 December inclusive or 1 January to 31 March inclusive.

Part 5 - Tariff rates

Activity group

Fee payable in relation to 2012/1364

4 6

G.2

Minimum fee (£)

400

£ million or part £m 3of Modified Eligible Liabilities (MELS)

Fee (£/£m or part £m of MELS)
3 3

3> 0.1

0.2905564

4 6

> 0.25

0.2905564

4 6

> 1.0

0.2905564

4 6

> 10.0

0.2905564

4 6

> 50.0

0.2905564

4 6

> 500.0

0.2905564

4 6

G.3

Minimum fee (£)

400

£ thousands or part thousand of Relevant Income

Fee (£/£thousand or part £thousand of Relevant Income)
3 3

3> 1004

4

0.1941564

4 6

> 2504

4

0.1941564

4 6

> 10004

4

0.1941564

4 6

> 10,0004

4

0.1941564

4 6

> 50,0004

4

0.1941564

4 6

> 500,0004

4

0.1941564

4 6

G.4

£400

G.5

As in G.3.

4G.10

Minimum fee (£)

1,500

4million or part m of average outstanding electronic money (AOEM)

Fee (/, or part m of AOEM)

4>5.0

180.006

6

4G.11

£1,0006

6

6G.15

Minimum fee for the first registered programme

83,590

Minimum fee for all subsequent registered programmes

75% of minimum fee for first registered programme

million or part m of regulated covered bonds issued in the 12 months ending on the valuation date.

Fee (/m or part m of regulated covered bonds issued in the 12 months ending on the valuation date)

>0.00

10.28

For the purposes of calculating fees, any regulated covered bonds denominated in a currency other than sterling must be converted into sterling at the applicable exchange rate set out below.

Where an exchange rate hedging agreement was entered into in connection with the issuance of regulated covered bonds denominated in a currency other than sterling, the applicable exchange rate for those regulated cover bonds is the exchange rate stipulated in the exchange rate hedging agreement.

An exchange rate hedging agreement is any agreement entered into to hedge the market risk relating to fluctuations in exchange rates.

In all other cases, the applicable exchange rate is the daily spot rate available on the Bank of England's Statistical Interactive Database (the Bank of England exchange rate) applying on the valuation date. If the valuation date is not a business day, then the applicable exchange rate is the Bank of England exchange rate applying on the first business day following the valuation date.

Part 6 - Permitted deductions for financial penalties pursuant to regulation 85 of4 the Payment Services Regulations,6 regulation 51 of the Electronic Money Regulations and regulation 34 of the RCB Regulations6, as applicable43

Fee-paying payment service providers,6fee-paying electronic money issuers and issuers of regulated covered bonds64may make deductions as provided in this Part.

6 6

Activity group

Nature of deduction

Amount of deduction

G.2

Financial penalties received

0.06%43

3 4 6

G.3

Financial penalties received

0.06%43

4 6

G.4

Financial penalties received

0.06%43

3 4 6

G.5

Financial penalties received

0.06%43

3 4 6

4G.10

Financial penalties received

0.06%

6

4G.11

Financial penalties received

0.06%

6

6G.15

Financial penalties received

0.0%

Part 7 - This table shows the modifications to fee tariffs that apply to 3EEA authorised payment institutions, EEA authorised electronic money institutions,4 and3full credit institutions that are EEA firms.3

4 3

Activity group

Percentage deducted from the tariff payable under Part 5 applicable to the firm

Minimum amount payable

G.2

40%3

 3

G.3

3

40%3

 3

4G.10

40%

FEES 4 Annex 12 Guidance on the calculation of tariffs set out in FEES 4 Annex 1 R Part 2

G

1The following table sets out guidance on how a firm should calculate relevant tariffs.Fee block A.4

Adjusted Gross Premium Income and Mathematical reserves - calculation of new regular premium business

(1) In calculating the new regular premium business element of its Adjusted Gross Premium Income, a firm (A) should not include business transferred from another firm (B) under the procedure set out at Part VII of the Act, during the relevant financial year, provided that that transfer did not involve the creation of new contracts between the policyholders subject to the transfer and A. This is because that business is existing business even though it is new from the point of view of A. This means that if new contracts are created as part of the transfer, that business should be included in the calculation of As new regular premium income business.

(2) If any business is transferred to a firm (A) from another firm (B) under the procedure set out at Part VII of the Act and that business would have been included in B's tariff base as new regular premium business in the absence of such a transfer, this business should be included in either A's or B's tariff base, depending on the date of transfer. FEES 4.3.15R explains in whose tariff base it should be included.

(3) Mathematical reserves should take account of all of A's business, including all new business transferred from B.