REC 2.3 Financial resources

In determining whether a UK recognised body has financial resources sufficient for the proper performance of its relevant functions, the FSA may have regard to:

1. (1)

   the operational and other risks to which the UK recognised body is exposed;

2. (2)

   if the UK recognised body acts as a central counterparty or otherwise guarantees the performance of transactions in specified investments, the counterparty and market risks to which it is exposed in that capacity;

3. (3)

   the amount and composition of the UK recognised body's capital;

4. (4)

   the amount and composition of the UK recognised body's liquid financial assets;

5. (5)

   the amount and composition of the UK recognised body's other financial resources (such as insurance policies and guarantees, where appropriate);

6. (6)

   the financial benefits, liabilities, risks and exposures arising from the UK recognised body's connection with any person, including but not limited to, its connection with:

   1. (a)

      any undertaking in the same group as the UK recognised body;

   2. (b)

      any other person with a significant shareholding or stake in the UK recognised body;

   3. (c)

      any other person with whom the UK recognised body has made a significant investment whether in the form of equity, debt, or by means of any guarantee or other form of commitment;

   4. (d)

      any person with whom it has a significant contractual relationship.

7. (7)

   2in relation to a UK RIE, the nature and extent of the transactions concluded on the UK RIE.

The FSA will usually rely on a UK recognised body's published and internal management accounts and financial projections, provided that those accounts and projections are prepared in accordance with UK, US or international accounting standards.

In assessing whether a UK recognised body has sufficient financial resources in relation to counterparty and market risks, the FSA may have regard to:

1. (1)

   the amount and liquidity of its financial assets and the likely availability of liquid financial resources to the UK recognised body during periods of major market turbulence or other periods of major stress for the UK financial system;3 and

2. (2)

   the nature and scale of the UK recognised body's exposures to counterparty and market risks and, where relevant, the counterparties to which it is exposed.

In assessing whether a UK recognised body has sufficient financial resources in relation to operational and other risks, the FSA may have regard to the extent to which, after allowing for the financial resources necessary to cover counterparty and market risks, the UK recognised body's financial resources are sufficient and sufficiently liquid:

1. (1)

   to enable the UK recognised body to continue carrying on properly the regulated activities that it expects to carry on; and

2. (2)

   to ensure that it would be able to complete an orderly closure or transfer of its exempt activities without being prevented from doing so by insolvency or lack of available funds.

The FSA considers that a UK recognised body which (after allowing for the financial resources necessary to cover counterparty and market risks) has at any time:

1. (1)

   liquid financial assets amounting to at least six months' operating costs; and

2. (2)

   net capital of at least this amount;

will, at that time, have sufficient financial resources to meet the recognition requirement unless there are special circumstances indicating otherwise.

1. (1)

   In this standard approach, the FSA assumes liquid financial assets are needed to cover the costs that would be incurred during an orderly run down of the UK recognised body's business as such, while continuing to satisfy all the recognition requirements and complying with any other obligations under the Act (including the obligations to pay periodic fees to the FSA under REC 7).

2. (2)

   The calculation of operating costs may exclude non-cash costs (costs that do not involve an outflow of funds) and variable costs of the UK recognised body'sexempt activities that would not be incurred if no exempt activities were performed. Fixed costs should be included in the assessment of operating costs. The FSA would normally expect the capital equal to the amount of liquid financial assets to be in the form of equity.

The FSA recognises that UK recognised bodies may wish to satisfy the recognition requirements in different ways. The FSA does not prescribe any particular approach to calculating financial resources or to assessing their adequacy. It is willing to discuss with each UK recognised body the most appropriate way for it to meet the recognition requirement and each UK recognised body will need to be able to show the FSA that its financial resources are at all times sufficient to meet the recognition requirement.