1. (1)

   An authorised professional firm of a kind falling within (2) must comply with such of IPRU-INV 3, 53 or 13 which in accordance with IPRU-INV 2.1.4R, most appropriately correlates to the type and scale of the business which it conducts.

2. (2)

   The type of authorised professional firm to which (1) applies is one:

   1. (a)

      [deleted]3

   2. (b)

      which acts as a market maker;

   3. (c)

      which acts as a stabilising manager;

   4. (da)

      which acts as a small authorised UK AIFM or a residual CIS operator;

   5. (db)

      which acts as a depositary;

   6. (e)

      which acts as a broker fund adviser or otherwise participates in a broker fund arrangement;

   7. (f)

      whose main business, having regard to (3), is not the practice of its profession or professions;

   8. (g)

      whose permission includes a requirement that it acts in conformity with the financial resources rules applicable to another type of firm; or

   9. (h)

      whose permission includes establishing, operating or winding up a personal pension scheme.

3. (3)

   For the purposes of (2)(f), a firm's professional business practice is not the "main business" of the firm unless the proportion of income it derives from professional fees is, during its annual accounting period, at least 50% of the firm's total income (a temporary variation of not more than 5% may be disregarded for this purpose).

4. (4)

   An authorised professional firm which, in accordance with (1), is required to comply with IPRU-INV 3, 53 or 13 must immediately give notification of that fact to the FCA in accordance with SUP 15.7 (Forms and method of notification).

An authorised professional firm will be a MiFID investment firm if its business activities include the provision of investment services and/or activities for a third party. An authorised professional firm will not however be a MiFID investment firm if it falls within one of the exclusions contained in Article 2 of MiFID. Article 2(1)(c) provides an exclusion for an authorised professional firm which provides investment services and/or activities in an incidental manner in the course of a professional activity and that activity is regulated by the firm'sdesignated professional body.

The FCA considers the scope of this exclusion cannot be precisely defined. Ultimately questions of interpretation are for the Court to determine. The FCA considers that to satisfy the exclusion the services cannot be the major part of the practice of the firm. The FCA also considers the following factors to be among those that are relevant:

1. (1)

   the scale of regulated activity in proportion to other professional services provided;

2. (2)

   whether and to what extent activities that are regulated activities are held out as separate services;

3. (3)

   the impression given as to how the firm provides regulated activities, for example through its advertising or other promotions of its service.

The activities that a full-scope UK AIFM and a UCITS management company are allowed to perform are restricted by COLL 6.9.9R and FUND 1.4.3R1 (as applicable). As such, an authorised professional firm cannot be a collective portfolio management firm or a collective portfolio management investment firm.

1. (1)

   A firm must be able to meet its liabilities as they fall due.

2. (2)

   In complying with (1) a firm may use any assets which are available to meet any of its liabilities.

Firms are reminded that:

1. (1)

   requirements relating to the systems and controls which firms must establish and maintain for ensuring compliance with financial resources and other requirements are set out in SYSC.

2. (2)

   the financial reports that a firm is required to make to the FCA are set out in SUP 16.

A firm must effect and maintain at all times adequate professional indemnity insurance cover for all the business activities which it carries on, or for which it is responsible.

In assessing the adequacy of a firms' professional indemnity insurance cover for the purposes of IPRU-INV 2.3.1R, the FCA may have regard to a firm's compliance with the professional indemnity insurance requirements of its designated professional body in force at the time.

1. (1)

   Firms which hold client money or bonded investments for more than one client, may hold one bond to cover all of the clients concerned. The bonding requirements may be complied with by taking out a global bond. In firms with numerous offices compliance may be achieved in practice by calculating the requirement based on figures supplied by offices which is likely to be at least quarterly. These figures would need to be supplied and assessed soon after the end of each quarter.

2. (2)

   To ensure the global cover is sufficient, this approach would require an estimated safety margin to be incorporated, to allow for changes in the amounts of client money, investments or assets held. An additional prudent measure would be to ensure that exceptional amounts of these assets are notified by branch offices so that the firm can check whether the safety margin can absorb them and reconsider whether the total global bond cover remains sufficient.

Firms which do not expect to hold bonded investments or client money in excess of the value limit need not hold a bond. However, firms may wish to make contingency arrangements with a surety whereby a bond facility is available and can be executed and delivered at short notice.