SUP 16.11 1Product Sales Data Reporting

This section2 applies:

1. (1)

   in relation to sales data reports, to a firm:10

   10
   1. (a)

      which is a home finance provider; or

   2. (aa)

      14which is a P2P platform operator which facilitates entry into a regulated mortgage contract, home purchase plan, home reversion plan or regulated sale and rent back agreement where the lender or provider does not require permission to enter into the transaction; or

   3. (b)

      which has permission to enter into a regulated credit agreement as lender in respect of high-cost short-term credit or home credit loan agreements; or

   4. (c)

      which is, in respect of sales to a retail client or a consumer:

      1. (i)

         an insurer; or

      2. (ii)

         the manager of an authorised AIF or a UCITS scheme; or

      3. (iii)

         the operator of an investment trust savings scheme, or a personal pension scheme; or

      4. (iv)

         a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product;

      unless the firm is a managing agent;10

2. (2)

   in relation to performance data reports15:

   14
   1. (a)

      to the firm (“A”) which entered into the regulated mortgage contract; or15

      14
   2. (b)

      where the right of the lender to receive payments under the regulated mortgage contract has passed to another person (“B”) by legal or equitable assignment or by operation of law:15

      14
      1. (i)

         where B is a firm with permission for administering a regulated mortgage contract, firm B (and it is immaterial for this purpose whether B makes arrangements for A or another person to administer the mortgage or to exercise the lender’s rights under it); or15

      2. (ii)

         where B is not a firm with permission for administering a regulated mortgage contract and B enters into an agreement with a firm (“C”) to administer the contract, firm C (it is immaterial for this purpose whether firm C is firm A, or whether firm C enters into an arrangement with another person to outsource or delegate the performance of some of those administration activities).15

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1. (1)

   A firm must submit a report (a 'data report') containing the information required by:7

   7
   1. (a)

      SUP 16.11.5 R (a 'sales data report') within 20 business days of the end of the reporting period; and

      7
   2. (b)

      for regulated mortgage contracts, SUP 16.11.5A R (a 'performance data report'), within 30 business days of the end of the reporting period;

      7

   unless 11(3A) or (4) applies.7

2. (2)

   The reporting periods are;7

   7
   1. (a)

      7for sales data reports, the four calendar quarters of each year beginning on 1 January; and

   2. (b)

      7for performance data reports, the six month periods beginning on 1 January and 1 July in each calendar year.

3. (3)

   [deleted]11

   11
4. (3A)

   A firm must submit a nil return if no relevant sales have occurred in the quarter.11

5. (3B)

   A firm must submit a nil return in respect of performance data reports if it does not own any rights of a lender under a regulated mortgage contract, and only carries on the regulated activity of administering a regulated mortgage contract for firms which are themselves obliged to submit performance data reports under SUP 16.11.1R(2).15

6. (4)

   The following types of firm14 must compile, and keep for at least five years from the end of the relevant quarter, a data report containing the information required by SUP 16.11.5 R, but are14 not subject to the requirement in (1) to submit a data report (or to the requirement in SUP 16.11.9 R:14

   6
   1. (a)

      14a SRB agreement provider; and

   2. (b)

      14a P2P platform operator which facilitates entry into a regulated sale and rent back agreement where the provider does not require permission to enter into the transaction.

A sales7 data report must contain sales data in respect of the following products:

1. (1)

   retail investments;

2. (2)

   pure protection contracts;

   3
3. (3)

   regulated mortgage contracts (including15 further advances (see SUP 16.11.7R(3)) and internal product transfers and internal remortgages, irrespective of whether there is a new mortgage contract15);3

4. (4)

   home purchase plans;3

   6
5. (5)

   home reversion plans; 63

   8
6. (6)

   6regulated sale and rent back agreements;8

   8
7. (7)

   high-cost short-term credit13; and

   8
8. (8)

   home credit loan agreements.8

7A performance data report must contain performance data in respect of regulated mortgage contracts other than legacy CCA mortgage contracts12.

1. (1)

   A data report must comply with the provisions of SUP 16 Annex 21R.15

2. (2)

   But (3) to (5) apply where a firm which is required to submit a sales data report under SUP 16.11.3R(1)(a) is a PRA-authorised person which is also required to submit information to the FCA under chapter 23 (regulatory mortgage contract reporting) of the PRA’s Regulatory Reporting rules.15

3. (3)

   Where the sales data report relates to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm only in relation to the format in which the data elements in the report are to be submitted to the FCA.15

4. (4)

   Where the sales data report does not relate to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm in respect of the data elements listed in (5) only in relation to the format in which the data elements are to be submitted to the FCA.15

5. (5)

   The data elements are:15

   1. (a)

      the total amount owed by the borrower to the firm and secured on the property immediately prior to the new borrowing; 15

   2. (b)

      for a second charge regulated mortgage contract, the total amount owed by the borrower to third parties secured on the property; 15

   3. (c)

      rate to which stress test applied; and15

   4. (d)

      contractual reversion rate.15

A sales7 data report must relate both to transactions undertaken by the firm and to transactions undertaken by an intermediary which has dealt directly with the customer on the firm's behalf.2

14Where a P2P platform operator facilitates an arrangement under which a number of persons provide home finance to a single customer, either individually under separate contracts, or jointly and severally under a single contract:

1. (1)

   the sales data report and performance data report of the P2P platform operator must include data in respect of the arrangement taken as a whole, as though it comprised a single transaction; and

2. (2)

   the sales data report and performance data report of any firm which is the lender or provider under any separate contract forming part of the arrangement must include data in respect of that contract.

A firm must provide a 7data report to the FCA17 electronically in a standard format provided by the FCA17.

1. (1)

   A firm may appoint another person to provide a 7data report on the firm's behalf if the firm has informed the FCA17 of that appointment in writing.

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2. (2)

   Where (1) applies, the firm must ensure that the data report complies with the requirements of SUP 16.11 and identifies the originator of the transaction.