MIPRU 4.2 Capital resources requirements

A firm must at all times ensure that it is able to meet its liabilities as they fall due.

A firm must at all times maintain capital resources equal to or in excess of its relevant capital resources requirement.

A firm must recognise an asset or liability, and measure its amount, in accordance with the relevant accounting principles applicable to it for the purpose of preparing its annual financial statements unless a rule requires otherwise.

In this chapter, "client assets" includes a document only if it has value, or is capable of having value, in itself (such as a bearer instrument)

The capital resources requirement for a firm (other than a credit union) carrying on regulated activities, including designated investment business, is the higher of:

1. (1)

   the requirement which is applied by this chapter according to the activity or activities of the firm (treating the relevant rules as applying to the firm by disregarding its designated investment business); and

2. (2)

   the financial resource requirement which is applied by the Interim Prudential sourcebook for investment businesses, the Prudential sourcebook for Investment Firms and the EU CRR or the Prudential sourcebook for Banks, Building Societies and Investment Firms.

The capital resources requirement for a credit union to which this chapter applies is the highest of:

1. (1)

   the requirement which is applied to firms carrying on mediation activities only (see MIPRU 4.2.11 R) treating that rule as applying to the credit union by disregarding activities which are not insurance mediation activity or mortgage mediation activity;

2. (2)

   the amount which is applied by the Credit Unions sourcebook; and

3. (3)

   if the credit union is a CTF provider that has a permission to carry on designated investment business, the amount which is applied by Chapter 8 of the Interim Prudential sourcebook for investment businesses.

The capital resources requirement for a social housing firm whose Part IV permission is limited to carrying on the regulated activities of:

1. (1)

   mortgage lender; or

2. (2)

   mortgage administration (or both);

is that the firm's net tangible assets must be greater than zero.

Unless any of the rules on capital resources for firms carrying on designated investment business, for credit unions or for social housing firms apply, the capital resources requirement for a firm varies according to the regulated activity or activities it carries on.

1. (1)

   If a firm carrying on insurance mediation activity or mortgage mediation activity (and no other regulated activity) does not hold client money or other client assets in relation to these activities, its capital resources requirement is the higher of:

   1. (a)

      £5,000; and

   2. (b)

      2.5% of the annual income from its insurance mediation activity or mortgage mediation activity (or both).

2. (2)

   If a firm carrying on insurance mediation activity or mortgage mediation activity (and no other regulated activity) holds client money or other client assets in relation to these activities, its capital resources requirement is the higher of:

   1. (a)

      £10,000; and

   2. (b)

      5% of the annual income from its insurance mediation activity or mortgage mediation activity (or both).

1. (1)

   The capital resources requirement for a firm carrying on mortgage lending or mortgage lending and mortgage administration (and no other regulated activity) is the higher of:

   1. (a)

      £100,000; and

   2. (b)

      1% of:

      1. (i)

         its total assets plus total undrawn commitments; less:

      2. (ii)

         excluded loans plus intangible assets (see Note 1 in the table in MIPRU 4.4.4 R).

2. (2)

   Undrawn commitments means the total of those amounts which a borrowerhas the right to draw down from the firm but which have not yet been drawn down, excluding those under an agreement:

   1. (a)

      which has an original maturity of up to one year; or

   2. (b)

      which can be unconditionally cancelled at any time by the lender

When calculating total assets, the firm may exclude a loan which has been transferred to a third party only if it meets the following conditions:

1. (1)

   the first condition is that the loan has been transferred in a legally effective manner by:

   1. (a)

      novation; or

   2. (b)

      legal or equitable assignment; or

   3. (c)

      sub-participation; or

   4. (d)

      declaration of trust; and

2. (2)

   the second condition is that the lender:

   1. (a)

      retains no material economic interest in the loan; and

   2. (b)

      has no material exposure to losses arising from it.

The capital resources requirement for a firm carrying on mortgage administration only, which has all or part of the regulated mortgage contracts that it administers on its balance sheet, is the amount which is applied to a firm carrying on mortgage lending or mortgage lending and mortgage administration (and no other regulated activity) (see MIPRU 4.2.12 R).

The capital resources requirement for a firm carrying on mortgage administration only, which has all the regulated mortgage contracts that it administers off its balance sheet, is the higher of:

1. (1)

   £100,000; and

2. (2)

   10% of its annual income.

The capital resources requirement for a firm carrying on insurance mediation activity and mortgage lending or mortgage administration is the sum of the requirements which are applied to the firm by:

1. (1)

   the capital resources rule for a firm carrying on insurance mediation activity or mortgage mediation activity (and no other regulated activity) (see MIPRU 4.2.11 R); and

2. (2)
   1. (a)

      the capital resources requirement rule for a firm carrying on mortgage lending or mortgage lending and mortgage administration (and no other regulated activity) (see MIPRU 4.2.12 R); or

   2. (b)

      if, in addition to its insurance mediation activity, the firm carries on mortgage administration with all the assets that it administers off balance sheet, the capital resources rule for such a firm (see MIPRU 4.2.19 R).

1. (1)

   If a firm carrying on mortgage mediation activity and mortgage lending or mortgage administration does not hold client money or other client assets in relation to its mortgage mediation activity, the capital requirement isthe amount applied to a firm, according to the activities carried on by the firm, by:

   1. (a)

      the capital resources requirement rule for a firm carrying on mortgage lending or mortgage lending and mortgage administration (and no other regulated activity) (see MIPRU 4.2.12 R); or

   2. (b)

      if, in addition to its mortgage mediation activity, the firm carries on mortgage administration with all the assets that it administers off balance sheet, the capital resources rule for such a firm (see MIPRU 4.2.19 R).

2. (2)

   If the firm holds client money or other client assets in relation to its mortgage mediation activity, the capital resources requirement is:

   1. (a)

      the amount calculated under (1); plus

   2. (b)

      the amount which is applied to a firm carrying on insurance mediation activity or mortgage mediation activity (and no other regulated activity) that holds client money or other client assets in relation to these activities (see MIPRU 4.2.11R (2)).

The capital resources requirement for a firm carrying any other combination of regulated activities is the amount which is applied to a firm carrying on insurance mediation activity and mortgage lending or mortgage administration (see MIPRU 4.2.20 R).