SUP 10A.14 Changes to an FCA-approved person's details
Moving within a firm
An FCA-approved person's job may change from time to time as a result, for instance, of a change in personal job responsibilities or a firm's regulated activities. Where the changes will involve the person performing one or more FCA controlled functions different from those for which approval has already been granted, then an application must be made to the FCA for approval for the person to perform those FCA controlled functions. The firm must take reasonable care to ensure that an individual does not begin performing an FCA controlled function until the FCA has granted FCA-approved person status to that individual in respect of that FCA controlled function. 5
If an FCA-approved person or a PRA-approved person is ceasing to perform FCA controlled functions or a5 PRA controlled function, as well as applying for approval in respect of FCA controlled functions within the same firm or group, the firm should5 generally use Form E5. Further details can be found in SUP 10A.14.4D5.
If a person is to perform an FCA controlled function for a firm for which they5 already perform an5 FCA controlled function as an approved person but they are5 not at the same time ceasing to perform an FCA controlled function or PRA controlled function for the firm or a firm in the same group5, a firm should use Form A. See SUP 10A.13.3D and SUP 10A.13.3AD for further5 details.
- (1)
A firm must use Form E where an approved person is both ceasing to perform one or more controlled functions and needs to be approved in relation to one or more FCA controlled functions within the same firm or group.
- (2)
A firm must not use Form E if: 2
- (a)
the approved person has never before been approved to perform for any firm:2
- (i)
an FCA controlled function that is2 a significant-influence function; or2
- (ii)
- (iii)
- (i)
- (b)
the approved person2 has not been subject to a current approved person approval from the FCA or PRA to perform:2
- (i)
an FCA controlled function that is2 a significant-influence function; or
- (ii)
- (iii)
- (i)
- (c)
any of the following apply (where applicable):2
- (i)
a notification referred to in SUP 10C.10.9D(4)(b) or (c) (notification obligations under the Act applying to SMCR firms5) has been made or should be made; or2
- (ii)
any of the circumstances in SUP 10A.14.10R (Qualified Form C) apply;2
in relation to any:2
- (iii)
controlled functions which that person is ceasing to perform (as referred to in (1)); or2
- (iv)
5controlled function that they are continuing to perform for that firm or a firm in the same group.2
- (i)
- (a)
- (3)
A firm must not use Form E if a notification has been made or should be made under:2
- (a)
SUP 10A.14.17R (Changes in fitness to be notified under Form D);2
- (b)
SUP 10C.14.18R (the corresponding requirement for SMCR firms5); or2
- (c)
3the corresponding PRA requirements to (a).3
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(whichever is applicable)2 in relation to any controlled functions that that person is ceasing to perform (as referred to in (1)) or any controlled function that he is continuing to perform in relation to that firm or a firm in the same group.
- (a)
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SUP 10A.16.1 D explains how applications should be submitted.
Moving between firms
If it is proposed that an FCA-approved person will no longer be performing an FCA controlled function under an arrangement entered into by one firm or one of its contractors, but will be performing the same or a different FCA controlled function under an arrangement entered into by a new firm or one of its contractors (whether or not the new firm is in the same group as the old firm), the new firm will be required to make a fresh application for the performance of the FCA controlled function by that person.
Ceasing to perform an FCA controlled function
- (1)
A firm must submit to the FCA a completed Form C (SUP 10C Annex 5R)5 no later than ten4 business days after an FCA-approved person ceases to perform an FCA controlled function.2
- (2)
If:2
- (a)
the firm is also making an application for approval for that approved person to perform a controlled function within the same firm or group; and2
- (b)
ceasing to perform the FCA controlled function in (1) has triggered a requirement to make that application for approval:2
- (i)
to the FCA using Form E (rather than a Form A) under SUP 10A or SUP 10C; or2
- (ii)
to the PRA using the PRA’s Form E in accordance with the corresponding PRA requirements;2
it must make the notification under (1) using that Form E.2
- (i)
- (a)
SUP 10A.16.2 R explains how notifications should be submitted.
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- (1)
A firm must notify the FCA as soon as practicable after it becomes aware, or has information which reasonably suggests, that it will submit a qualified Form C in respect of an FCA-approved person.
- (2)
Form C is qualified if the information it contains:
- (a)
relates to the fact that the firm has dismissed, or suspended, the FCA-approved person from its employment; or
- (b)
relates to the resignation by the FCA-approved person while under investigation by the firm, the FCA or any other regulatory body; or
- (c)
otherwise reasonably suggests that it may affect the FCA's assessment of the FCA-approved person's fitness and propriety.
- (a)
Notification under SUP 10A.14.10 R may be made by telephone, email or fax and should be made, where possible, within one business day of the firm becoming aware of the information. If the firm does not submit Form C, it should inform the FCA in due course of the reason. This could be done using Form D, if appropriate.
A firm is responsible for notifying the FCA if any FCA-approved person has ceased to perform an FCA controlled function under an arrangement entered into by its appointed representative or former appointed representative.
A firm can submit Form C or Form E 6to the FCA in advance of the cessation date. When a person ceases the arrangement under which they perform4 an FCA controlled function, they4 will automatically cease to be an FCA-approved person in relation to that FCA controlled function. A person can only be an FCA-approved person in relation to a specific FCA controlled function. Therefore, a person is not an FCA-approved person during any period between ceasing to perform one FCA controlled function (when they are4 performing no other FCA controlled function) and being approved in respect of another FCA controlled function.
4Sending forms promptly will help to ensure that any fresh application can be processed within the standard response times.
Changes to an approved person's personal details
If an FCA-approved person's title, name or national insurance number changes, the firm for which the person performs an FCA controlled function must notify the FCA on Form D (SUP 10C Annex 6R)5 of that change within seven business days of the firm becoming aware of the matter.
The duty to notify in SUP 10A.14.15 R does not apply to changes to an FCA-approved person's private address.
If a firm becomes aware of information which would reasonably be material to the assessment of an FCA-approved person's, or a FCA candidate's, fitness and propriety (see FIT), it must inform the FCA on Form D, or (if it is more practical to do so and with the prior agreement of the FCA) by e-mail or fax, as soon as practicable.
SUP 10A.16.2 R applies to the submission of Form D.
Failing to disclose relevant information to the FCA may be a criminal offence under section 398 of the Act.
The duty to notify in SUP 10A.14.17 R extends to any circumstances that would normally be declared when giving the information required for section 5 of Form A or matters considered in FIT 2.
- (1)
If, in relation to a firm which has completed the relevant Form A (SUP 10A Annex 4D), any of the details relating to arrangements and FCA controlled functions are to change, the firm must notify the FCA on Form D (SUP 10C Annex 6R5).
- (2)
The notification under (1) must be made as soon as reasonably practicable after the firm becomes aware of the proposed change.
- (3)
This also applies in relation to an FCA controlled function for which an application was made using Form E.
- (4)
This rule also applies to a firm in respect of an approved person, to whom the grandfathering arrangements relating to the coming into force of the Act applied as if the firm had completed the relevant Form A for that person.
SUP 10A.16.2 R also applies to the submission of Form D under SUP 10A.14.21 G.
An example of where a firm should use Form D is when an individual who is appointed by one appointed representative becomes employed by another appointed representative but continues to perform the customer function for the firm. The firm should notify the FCA by completing Section 1.07 of Form D.
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