SUP 12.7 Notification requirements
4Notification of appointment of an appointed representative
- (1)
6This rule applies to a firm which intends to appoint:6
636- (a)
an appointed representative to carry on insurance mediation activities; or64
6 - (b)
a tied agent .6
6
- (a)
- (2)
This rule also applies to a firm which has appointed an appointed representative.63
- (3)
A firm in (1) must complete and submit the form in SUP 12 Annex 3 before the appointment.6
- (4)
A firm in (2) must complete and submit the form in SUP 12 Annex 3 within ten business days after the commencement of activities.6
A firm's notice under SUP 12.7.1 R should give details of the appointed representative and the regulated activities which the firm is, or intends to, carry on through the appointed representative, including:
- (1)
the name of the firm's new appointed representative (if the appointed representative is a body corporate, this is its registered name);
- (2)
any trading name under which the firm's new appointed representative carries on a regulated activity in that capacity;
- (3)
a description of the regulated activities which the appointed representative is permitted or required to carry on and for which the firm has accepted responsibility;
4 - (4)
any restrictions imposed on the regulated activities for which the firm has accepted responsibility; and
- (5)
where the appointed representative is not an individual, the name of the individuals who are responsible for the management of the business carried on by the appointed representative so far as it relates to insurance mediation activity.
A firm need not notify the FSA of any restrictions imposed on the regulated activities for which the firm has accepted responsibility (under SUP 12.7.2 G (4)) if the firm accepts responsibility for the unrestricted scope of the regulated activities.
Where a notification is linked to an application for approval under section 59 of the Act (Approval for particular arrangements), see SUP 10.12.4A G.1
Notification of changes in information given to the FSA4
- (1)
If:4
34- (a)
- (i)
the scope of appointment of an appointed representative is extended to cover insurance mediation activities for the first time; and42
- (ii)
the appointed representative is not included on the Register as carrying on insurance mediation activities in another capacity; or42
- (i)
- (b)
the scope of appointment of an appointed representative ceases to include insurance mediation activity;42
the appointed representative's principal must give written notice to the FSA of that change before the appointed representative begins to carry on insurance mediation activities under the contract (see SUP 12.4) or as soon as the scope of appointment of the appointed representative ceases to include insurance mediation activity.42
- (a)
- (1A)
If:7
- (a)
- (i)
the scope of appointment changes such that the appointed representative acts as a tied agent for the first time; and7
- (ii)
the appointed representative is not included on the Register; or7
- (i)
- (b)
the appointed representative ceases to act as a tied agent;7
the appointed representative's principal must give written notice to the FSA of that change before the appointed representative begins to act as a tied agent (see SUP 12.4) or as soon as the appointed representative ceases to act as a tied agent. 7
- (a)
- (2)
Wherethere is a change in any of the information provided to the FSA under SUP 12.7.1R or SUP 12.7.7 R (1A)7, a firm must complete and submit to the FSA the form in SUP 12 Annex 4 (Appointed representative notification form) in accordance with the instructions on the form and within ten business days of that change being made or, if later, as soon as the firm becomes aware of the change. The Appointed representative notification form must state that the information has changed.4
3 - (3)
A firm's notification under (1) and (2) must be given to a member of or addressed for the attention of the Monitoring and Notifications Department at the address given in 47SUP 12.7.5 G7.
Notification of changes in conditions of appointment4
- (1)
As soon as a firm has reasonable grounds to believe that any of the conditions in SUP 12.4.2 R,SUP 12.4.6 R or SUP 12.4.8A R4 (as applicable) are not satisfied, or are likely not to be satisfied, in relation to any of its appointed representatives, it must complete and submit to the FSA the form in SUP 12 Annex 4 (Appointed representative notification form), in accordance with the instructions on the form.3
- (2)
In its notification under SUP 12.7.8 R (1), the firm must state either:
- (a)
the steps it proposes to take to rectify the matter; or
- (b)
the date of termination of its contract with the appointed representative (see SUP 12.8).
- (a)
- (3)
[deleted]3
Notifications relating to EEA tied agents
7If a UK MiFID investment firm appoints an EEA tied agent this section applies to that firm as though the EEA tied agent were an appointed representative.