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SIFA 5.1 FSA Principles

SIFA 5.1.1 G

The Principles set out in simple terms the fundamental or overarching standards (called high-level standards) that all firms must meet. The rest of the Handbook contains more detailed requirements that expand on these standards.

SIFA 5.1.2 G

If a firm breaches one or more of the Principles it becomes liable to disciplinary sanctions. For example, a serious breach may result in your firm's authorisation being removed.

SIFA 5.1.3 G

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SIFA 5.1.4 G

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SIFA 5.1.5 G

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SIFA 5.1.6 G

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SIFA 5.1.7 G

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SIFA 5.1.8 G

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SIFA 5.1.9 G

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SIFA 5.1.10 G

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SIFA 5.1.11 G

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SIFA 5.1.12 G

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SIFA 5.1.13 G

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SIFA 5.1.14 G

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SIFA 5.1.15 G

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SIFA 5.1.16 G

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SIFA 5.1.17 G

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SIFA 5.1.18 G

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SIFA 5.1.19 G

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SIFA 5.2 Who do the Principles apply to and what is their purpose?

SIFA 5.2.1 G

The application and purpose of the Principles is as follows:

  • They apply to every firm. They are a general statement of the fundamental obligations of firms under the regulatory system.
  • They express what is meant by the fit and proper standard set for firms in the threshold conditions. Breaching the Principles may call into question whether a firm is still fit and proper.
  • They require a firm to pay due regard to the interests of its customers and treat them fairly.
  • They are also designed as a general statement of regulatory requirements that are to be applied in new or unforeseen situations (PRIN 1).

SIFA 5.3 Where are the Principles in the Handbook?

SIFA 5.3.1 G

The Principles are set out in the Principles for Businesses Sourcebook (PRIN). They can be found at Section 2.1 of PRIN and are also set out below:

The Principles

1.

Integrity: A firm must conduct its business with integrity.

2.

Skill, care and diligence: A firm must conduct its business with due skill, care and diligence.

3.

Management and control: A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.

4.

Financial prudence: A firm must maintain adequate financial resources.

5.

Market conduct: A firm must observe proper standards of market conduct.

6.

Customers' interests: A firm must pay due regard to the interests of its customers and treat them fairly.

7.

Communications with clients: A firm must pay due regard to the information needs of its clients, and communicate information to them in a way, which is clear, fair, and not misleading.

8.

Conflicts of interest: A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

9.

Customers: relationships of trust: A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement.

10.

Clients' assets: A firm must arrange adequate protection for client's assets when it is responsible for them.

11.

Relations with regulators: A firm must deal with its regulators in an open and co-operative way, and must disclose to the FSA appropriately anything relating to the firm of which the FSA would reasonably expect notice.

SIFA 5.4 Senior Management Arrangements, Systems and Controls

SIFA 5.4.1 G

These are set out in the Senior Management Arrangements, Systems and Controls Sourcebook (SYSC). This part of the Handbook expands the meaning of Principle 3.

SIFA 5.4.2 G

This means that a firm must (in line with SYSC 2 and SYSC 3):

  • apportion responsibilities among its directors and senior managers so it is clear who has which of these responsibilities and the business and affairs of the firm can be adequately monitored and controlled;
  • allocate to the Chief Executive or most senior person the functions of apportioning responsibilities and overseeing the establishment and maintenance of systems and controls;
  • make and keep updated a record of these arrangements, for example, by means of an organisation chart and job descriptions; and
  • take reasonable care to create and maintain such systems and controls as are appropriate to its business.

SIFA 5.4.3 G

The rules and guidance in SYSC 3.2 cover some of the main issues which a firm is expected to consider in establishing and maintaining the systems and controls appropriate to its business. These include:

  • the size of the firm;
  • the scale and complexity of its business;
  • the need to counter the risk the firm might be used to further financial crime;
  • the need to establish and maintain systems for compliance with regulatory requirements;
  • the suitability of employees;
  • audit requirements; and
  • record-keeping.

We do not expect small and large firms to have similar systems and controls. The important point is that they should be fit for purpose given the size and business of the firm. With a sole practitioner, one person is responsible for all aspects of the firm but we expect there to be systems that allow that person to monitor and manage the firm adequately.

SIFA 5.4.4 G

Parts of the Handbook may be relevant to a firm's management of operational risk. These include COB 2 (Rules which apply to all firms conducting designated investment business), COB 3 (Financial promotion) and COB 5 (Advising and selling).

SIFA 5.5 Other Requirements

SIFA 5.5.1 G

When evaluating whether you meet the requirements of Principle 3 you should also consider:

The following sections of the Guide are also relevant:

Threshold Conditions in 'Authorisation' - Chapter 6

'Money Laundering' - Chapter 14

If you do mortgage or general insurance business you should also refer to MIGI 3 .