SUP 16.1 Application
This chapter applies to every firm within a category listed in column (2) of the table in SUP 16.1.3 R and in accordance with column (3) of that table.
The only categories of firm to which no section of this chapter applies are:
-
(1)
an ICVC;
-
(2)
an incoming EEA firm or incoming Treaty firm, unless it is:
- (a)
a firm of a type listed in SUP 16.1.3 R as a type of firm to which SUP 16.6, SUP 16.7 or5SUP 16.9 applies; or
- (b)
an insurer with permission to effect or carry out life policies;
- (c)
a firm with permission to establish, operate or wind up a stakeholder pension scheme;3
- (a)
- (3)
Application of different sections of SUP 16
(1) Section(s) |
(2) Categories of firm to which section applies |
(3) Applicable rules and guidance |
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All categories of firm except: |
Entire sections |
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(a) |
an ICVC; |
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(b) |
an incoming EEA firm or incoming Treaty firm , which is not: |
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(i) |
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(ii) |
an insurer with permission to effect or carry out life policies; or |
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(iii) 3 |
a firm with permission to establish, operate or wind up a stakeholder pension scheme; |
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(c) |
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All categories of firm except: |
Entire sections |
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(-a) |
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(a) |
an ICVC; |
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(b) |
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(c) |
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(d) |
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(e) 4 |
[deleted] 4 |
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(f) |
a sole trader; |
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(g) |
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(h) |
8 | ||||
(i) 8 |
a firm with permission to carry on only retail investment activities;8 |
8 | |||
(j) 8 |
a firm with permission to carry on only insurance mediation activity , mortgage mediation activity, or both;8 |
8 | |||
(k) 8 |
8 | ||||
Depositary of an ICVC |
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Bank , other than an EEA bank with permission for cross border services only.1 |
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Securities and futures firm (other than an oil market participant to which IPRU(INV) 3 does not apply) |
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Authorised professional firm (note) |
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SUP 16.7.55 R to SUP 16.7.56 R and SUP 16.7.59 R (1) and SUP 16.7.59 R (2) |
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SUP 16.7.57 R to SUP 16.7.58 R , SUP 16.7.59 R (3) , SUP 16.7.60 G and SUP 16.7.61 G |
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Member of a financial conglomerate10 |
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A firm not subject to other reporting requirements in SUP 16.7.1 G - SUP 16.7.75 R (nor to reporting requirements in IPRU(INS) or IPRU(FSOC)):81112 |
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(1) 8 |
with permission to carry on one or more of:8 |
8 | |||
(a) 8 |
8 | ||||
(b) 8 |
8 | ||||
(c) 8 |
8 | ||||
(d) 8 |
8 | ||||
(2) 8 |
which is a personal investment firm 8 11 |
8 11 | |||
Insurer with permission to effect or carry out life policies , unless it is a non-directive friendly society 3 |
Entire section |
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3 Firm with permission to establish, operate or wind up a stakeholder pension scheme |
Entire section 3 |
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Firm with permission to advise on investments ; arrange (bring about) deals in investments ; make arrangements with a view to transactions in investments ; or arrange safeguarding and administration of assets 5 |
Entire section 5 |
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Entire section 9 |
9
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(a) 9 |
9 | ||||
(b) 9 |
a UCITS qualifier ; and 9 |
9 | |||
(c) 9 |
9 | ||||
A firm , other than a managing agent , which is:8 |
Entire section 8 |
8
||||
(1) 8 |
a mortgage lender; or8 |
8 | |||
(2) 8 |
8 | ||||
(3) 8 |
the operator of a regulated collective investment scheme or an investment trust savings scheme ; or 8 |
8 | |||
(4) 8 |
a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product 8. |
8 |
-
(1)
This chapter contains requirements to report to the FSA on a regular basis. These requirements include reports relating to a firm's financial condition, and to its compliance with other rules and requirements which apply to the firm. Where the relevant requirements are set out in another section of the Handbook, this chapter contains cross references. An example of this is financial reporting for insurers and friendly societies.
-
(2)
Where such requirements already apply to a firm under legislation other than the Act, they are not referred to in this chapter. An example of this is reporting to the FSA by building societies under those parts of the Building Societies Act 1986 which have not been repealed.
-
(3)
Requirements for individual firms reflect:
- (a)
the category of firm;
- (b)
the nature of business carried on;
- (c)
whether a firm has its registered office (or if it does not have a registered office, its head office) in the United Kingdom; and
- (d)
whether a firm is an incoming EEA firm or incoming Treaty firm.
- (a)
The reporting of complaints is covered in DISP 1.5.4 RDISP 1.5.8 G.
Reporting on pension transfers and pension opt-outs arranged by the firm against its advice is covered in COB 5.3.26 R.