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SUP 16.1 Application

SUP 16.1.1 R RP

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.

SUP 16.1.2 G RP

The only categories of firm to which no section of this chapter applies are:

  1. (1)

    an ICVC;

  2. (2)

    an incoming EEA firm or incoming Treaty firm, unless it is:

    1. (a)

      a firm of a type listed in SUP 16.1.3 R as a type of firm to which SUP 16.6, SUP 16.7,175SUP 16.9 or 17SUP 16.12 applies; or

      17
    2. (b)

      an insurer with permission to effect or carry out life policies;

    3. (c)

      a firm with permission to establish, operate or wind up a personal pension scheme or 14 a stakeholder pension scheme;3

      14
  3. (3)

    a UCITS qualifier.

SUP 16.1.3 R RP

Application of different sections of SUP 16

88888888811999988888

(1) Section(s)

(2) Categories of firm to which section applies

(3) Applicable rules and guidance

SUP 16.1 , SUP 16.2 and SUP 16.3

All categories of firm except:

Entire sections

(a)

an ICVC;

(b)

an incoming EEA firm or incoming Treaty firm , which is not:

(i)

a firm of a type to which SUP 16.6 or SUP 16.7 applies; or

(ii)

an insurer with permission to effect or carry out life policies; or

(iii) 3

a with to establish, operate or wind up a stakeholder pension scheme;14a firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme;14

(c)

a UCITS qualifier.

SUP 16.4 and SUP 16.5 2

All categories of firm except:

Entire sections

(-a)

a credit union;2

(a)

an ICVC;

(b)

an incoming EEA firm;

(c)

an incoming Treaty firm;

(d)

a non-directive friendly society;

(e) 4

[deleted] 4

(f)

a sole trader;

(g)

a service company;

(h)

a UCITS qualifier;8

8

(i) 8

a firm with permission to carry on only retail investment activities;8

(j) 8

a firm with permission to carry on only insurance mediation activity , home finance mediation activity,16 or both;8

16

(k) 8

a firm falling within both (i) and (j)8

SUP 16.6

Bank, ELMI

SUP 16.6.4 R to SUP 16.6.5 R

Depositary of an ICVC

SUP 16.6.6 R to SUP 16.6.9 G

OPS firm

SUP 16.6.6 R to SUP 16.6.8 R

Trustee of an AUT

SUP 16.6.6 R to SUP 16.6.9 G

SUP 16.7

Bank , other than an EEA bank with permission for cross border services only.118

SUP 16.7.7 R to SUP 16.7.15 R18

Building society 18

SUP 16.7.16 R to SUP 16.7.19 R18

Service company

SUP 16.7.20 R to SUP 16.7.21 R

UK ISPV 15

SUP 16.7.21A R and SUP 16.7.21B R15

Securities and futures firm (other than an oil market participant to which IPRU(INV) 3 does not apply)

SUP 16.7.22 R to SUP 16.7.34 G

Investment management firm

SUP 16.7.35 R to SUP 16.7.41 R

Authorised professional firm (note)

SUP 16.7.54 R and SUP 16.7.54A R12

Society of Lloyd's

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)

Members' adviser

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 17

Credit Union 18 2

SUP 16.7.62 R to SUP 16.7.63 R 18 2

ELMI

SUP 16.7.64 R to SUP 16.7.66 R

UCITS management company 6

6 SUP 16.7.67 R to SUP 16.7.72 R 17

Member of a financial conglomerate1018

SUP 16.7.82 R to SUP 16.7.83 R 10 18

13 Insurer Friendly society

SUP 16.7.73 R to SUP 16.7.75 R

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

SUP 16.7.76 R to SUP 16.7.81 G 8 8 11

(1) 8

with permission to carry on one or more of:8

(a) 8

insurance mediation activity ; or 8

(b) 8

home finance mediation activity;16 or8

16

(c) 8

home finance providing activity;16 or8

16

(d) 8

administering a home finance transaction;16 or8

16

(2) 8

which is a personal investment firm 8 11

SUP 16.8

Insurer with permission to effect or carry out life policies , unless it is a non-directive friendly society 3

Entire section

3 Firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme14

14

Entire section 3

SUP 16.9 5

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

SUP 16.10 9

All categories of firm except: 9

Entire section 9

(a) 9

an ICVC ; 9

(b) 9

a UCITS qualifier ; and 9

(c) 9

a credit union.9

SUP 16.11 8

A firm , other than a managing agent , which is:8

Entire section 8

(1) 8

a home finance provider;16 or8

16

(2) 8

an insurer ; or 8

(3) 8

the operator of a regulated collective investment scheme or an investment trust savings scheme ; or 8

(4) 8

a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product 8.

17 SUP 16.12

A firm undertaking the regulated activities as listed in SUP 16.12.4 R, unless exempted in SUP 16.12.1 G

Sections as relevant to regulated activities as listed in SUP 16.12.4 R

SUP 16.1.4 G RP
  1. (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. (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. (3)

    Requirements for individual firms reflect:

    1. (a)

      the category of firm;

    2. (b)

      the nature of business carried on;

    3. (c)

      whether a firm has its registered office (or if it does not have a registered office, its head office) in the United Kingdom; 17

    4. (d)

      whether a firm is an incoming EEA firm or incoming Treaty firm; and17

      17
    5. (e)

      the regulated activities the firm undertakes.17

SUP 16.1.5 G

[deleted]19

19
SUP 16.1.6 G

[deleted]19

19

SUP 16.2 Purpose

SUP 16.2.1 G RP
  1. (1)

    In order to discharge its functions under the Act, the FSA needs timely and accurate information about firms. The provision of this information on a regular basis enables the FSA to build up over time a picture of firms' circumstances and behaviour.

  2. (2)

    Principle 11 requires a firm to deal with its regulators in an open and cooperative way, and to tell the FSA appropriately anythingof which the FSA would reasonably expect notice. The reporting requirements are part of the FSA's approach to amplifying Principle 11 by setting out in more detail the information that the FSA requires. They supplement the provisions of SUP 2 (Information gathering by the FSAon its own initiative) and SUP 15 (Notifications to the FSA). The reports required under these rules help the FSA to monitor firms' compliance with Principles governing relationships between firms and their customers, with Principle 4, which requires firms to maintain adequate financial resources, and with other requirements and standards under the regulatory system.

SUP 16.3 General provisions on reporting

Application

SUP 16.3.1 G RP

The effect of SUP 16.1.1 R is that this section applies to every firm except:

  1. (1)

    an ICVC;

  2. (2)

    an incoming EEA firm or incoming Treaty firm, which is not:

    1. (a)

      a firm of a type listed in SUP 16.1.3 R as a firm to which section SUP 16.6,14SUP 16.7 or SUP 16.1214 applies;

      14
    2. (b)

      an insurer with permission to effect or carry out life policies;

  3. (3)

    a UCITS qualifier.

Structure of the chapter

SUP 16.3.2 G RP

This chapter has been split into the following 14sections, covering:

5 3 5 14
  1. (1)

    annual controllers reports (SUP 16.4);

  2. (2)

    annual close links reports (SUP 16.5);

  3. (3)

    compliance reports (SUP 16.6);

  4. (4)

    financial reports (SUP 16.7);

  5. (5)

    persistency reports (SUP 16.8);

    53
  6. (6)

    annual appointed representatives reports (SUP 16.9);5

    53
  7. (7)

    Verification of standing data (SUP 16.10);58

    14
  8. (8)

    product sales data reporting (SUP 16.11); and14

    514
  9. (9)

    integrated regulatory reporting (SUP 16.12);.

    14
SUP 16.3.3 G RP

The annual controllers, annual close links , persistency and annual appointed representatives reports sections are the same for all categories of firm to which they apply.3

SUP 16.3.4 G RP

The compliance section is14set out by category of firm, with detailed requirements set out in tables giving:

14 14
  1. (1)

    a brief description of each report;

  2. (2)

    the frequency with which the report is required; and

  3. (3)

    the due date for submission of the report.

SUP 16.3.5 G RP

Further requirements about the reports, such as form and content, are set out in the sections for each category of firm, where this is appropriate. In many cases, however, it is more appropriate to provide this information by means of a separate annex; in these cases the relevant section refers to the annex.

How to submit reports

SUP 16.3.6 R RP

A periodic report required to be submitted under this chapter, or under any other rule, must be submitted in writing in accordance with SUP 16.3.7 R to SUP 16.3.10 G, unless:

  1. (1)

    a contrary intention appears; or

  2. (2)

    the report is required under the listing rules. 2

SUP 16.3.7 R RP

A report or data item13 must:

13
  1. (1)

    give the firm's FSA firm reference number (or all the firms' FSA firm reference numbers in those cases where a report is submitted on behalf of a number of firms,as set out in SUP 16.3.25 G)13; and

  2. (2)

    if submitted in paper form, be submitted with the cover sheet contained in SUP 16 Annex 13 fully completed13.21

SUP 16.3.8 R RP

A written report must be:

  1. (1)

    given to or addressed for the attention of the firm's usual supervisory contact at the FSA; and

  2. (2)

    delivered to the FSA by one of the methods listed in SUP 16.3.9 R.

SUP 16.3.9 R RP

Method of submission of reports (see SUP 16.3.8 R)

78

Method of delivery

1.

Post to the published address of the FSA for postal submission of reports

2.

Leaving the report at the published address of the FSA for hand delivery of reports and obtaining a dated receipt

3.

Electronic mail to an address for the firm's usual supervisory contact at the FSA and obtaining an electronic confirmation of receipt

4.

Hand delivery to the firm's usual supervisory contact at the FSA and obtaining a dated receipt

5.

Fax to the number notified by the firm's usual supervisory contact at the FSA, and receiving a successful transmission report for all pages of the report.72

6.

Online submission via the FSA's website at www.fsa.gov.uk8

137.

Electronic submission via the Early Reporting System available from or through the FSA's website.13

SUP 16.3.10 G RP
  1. (1)

    The current published address of the FSA for postal submission of reports is:

    The Financial ServicesAuthority

    PO BOX 35747

    London E14 5WP

  2. (2)

    The current published address of the FSA for hand delivery of reports is:

    1. (a)

      The Financial ServicesAuthority

      25 The North Colonnade

      Canary Wharf

      London E14 5HS

      if the firm's usual supervisory contact at the FSA is based in London, or:

    2. (b)

      The Financial ServicesAuthority

      Quayside House

      127 Fountainbridge

      Edinburgh EH3 8DJ

      if the firm's usual supervisory contact at the FSA is based in Edinburgh.2

Complete reporting

SUP 16.3.11 R RP

A firm must submit reports required under this chapter to the FSA containing all the information required.

SUP 16.3.12 G RP

SUP 15.6 refers to and contains requirements regarding the steps that firms must take to ensure that information provided to the FSA is accurate and complete. Those requirements apply to reports required to be submitted under this chapter.

Timely reporting

SUP 16.3.13 R RP
  1. (1)

    A firm must submit a report required by this chapter in the frequency, and so as to be received by the FSA no later than the due date, specified for that report.

  2. (2)

    If the due date for submission of a report required by this chapter falls on a day which is not a business day, the report must be submitted so as to be received by the FSA no later than the first business day after the due date.

  3. (3)

    If the due date for submission of a report required by this chapter is a set period of time after the quarter end, the quarter ends will be the following dates, unless another rule or the reporting form states otherwise:

    1. (a)

      the firm's accounting reference date;

    2. (b)

      3 months after the firm's accounting reference date;

    3. (c)

      6 months after the firm's accounting reference date; and

    4. (d)

      9 months after the firm's accounting reference date.

  4. (4)

    If the due date for submission of a report required by this chapter is a set period of time after the end of a half-year, a quarter, or a month, the dates will be determined by (a) or (b) below except where otherwise indicated:5

    1. (a)

      the firm's accounting reference date;5

    2. (b)

      monthly, 3 monthly or 6 months after the firm's accounting reference date, as the case may be.5

Failure to submit reports

SUP 16.3.14 R RP
15
  1. (1)

    If a firm does not submit a complete report by the date on which it is due in accordance with the rules in, or referred to in,12 this chapter or the provisions of relevant legislation12 and any prescribed submission procedures, the firm must pay an administrative fee of ÂŁ250.15

  2. (2)

    The administrative fee in (1) does not apply in respect of quarterly reports required to be submitted by credit unions whose liability to pay a periodic fee under FEES 4.2.1 R in respect of the A.1 activity group in FEES 4 Annex 1R, for the financial year prior to the due date for submission of the report, was limited to the payment of the minimum fee11.15

SUP 16.3.14A G RP

9Failure to submit a report in accordance with the rules in, or referred to in,12 this chapter or the provisions of relevant legislation12 may also lead to the imposition of a financial penalty and other disciplinary sanctions (seeDEPP 6.6.1 G-DEPP 6.6.5 G16). A firm may be subject to reporting requirements under relevant legislation other than the Act, 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 (see SUP 16.1.4 G).12 If it appears to the FSA that, in the exceptional circumstances of a particular case, the payment of any fee would be inequitable, the FSA may reduce or remit all or part of the fee in question which would otherwise be payable (see 10FEES 2.3).10

16
SUP 16.3.15 G RP

The FSA may from time to time send reminders to firms when reports are overdue. Firms should not, however, assume that the FSA has received a report merely because they have not received a reminder.1

SUP 16.3.16 G RP

The firm is responsible for ensuring delivery of the required report at the FSA's offices by the due date. If a report is received by the FSA after the due date and the firm believes its delivery arrangements were adequate, it may be required to provide proof of those arrangements. Examples of such proof would be:

  1. (1)

    "proof of posting" receipts from a UK post office or overseas equivalent which demonstrates that the report was posted early enough to allow delivery by the due date in accordance with the delivery service standards prescribed by the relevant postal authority; or

  2. (2)

    recorded postal delivery receipts showing delivery on the required day; or

  3. (3)

    records of a courier service provider showing delivery on the required day.

Change of accounting reference date

SUP 16.3.17 R RP
  1. (1)

    A firm must notify the FSA if it changes its accounting reference date.

  2. (2)

    When a firm extends its accounting period, it must make the notification in (1) before the previous accounting reference date.

  3. (3)

    When a firm shortens its accounting period, it must make the notification in (1) before the new accounting reference date.4

SUP 16.3.18 G RP

SUP 16.2.1 G emphasises the importance to the FSA of timely and accurate information. The extension of a firm's accounting period to more than 15 months may hinder the timely provision of relevant and important information to the FSA. This is because many due dates for reporting to the FSA are linked to firms'accounting reference dates. Indeed, for some categories of firm, the only reports required by the FSA have due dates for submission which are linked to the firm's accounting reference date.If the extension of a firm's accounting period appears likely to impair the effectiveness of the FSA's supervisory work, the FSA may take action to ensure that it continues to receive the information it requires on a timely basis. This may include the use of any of the tools of supervision set out in SUP 1.4.5 G.

SUP 16.3.19 G RP

If more than one firm in a group intends to change its accounting reference date at the same time, a single notification may be given to the FSA, as described in SUP 15.7.8 G.

Underwriting agents: submission to the Society of Lloyd's

SUP 16.3.20 R
  1. (1)

    Paragraph (2) applies in relation to reports required under this chapter within the scope of any arrangements made by the FSA with the Society of Lloyd's under paragraph 6(2) of Schedule 1 to the Act.

  2. (2)

    An underwriting agent must submit the reports in (1) to the Society of Lloyd's rather than to the FSA.

SUP 16.3.21 G

See SUP 15.7.13 G and SUP 15.7.14 G for guidance on arrangements in SUP 16.3.20 R.

Service of Notices Regulations

SUP 16.3.22 G RP

The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 (SI 2001/1420) contain provisions relating to the service of documents on the FSA. They do not apply to reports required under SUP 16, because of the specific rules in this section.

Confidentiality and sharing of information

SUP 16.3.23 G RP

When the FSA receives a report which contains confidential information and whose submission is required under this chapter, it is obliged under Part XXIIIof the Act (Public Record, Disclosure of Information and Co-operation) to treat that information as confidential. (See SUP 2.2.4 G)

SUP 16.3.24 G RP

SUP 2.3.12 G states that the FSA may pass to other regulators information which it has in its possession. Such information includes information contained in reports submitted under this chapter. The FSA's disclosure of information to other regulators is subject to SUP 2.2.4 G (Confidentiality of information).

Reports from groups

SUP 16.3.25 G RP

If this chapter requires the submission of a report or data item13 covering a group, a single report or data item13 may be submitted, and so satisfy the requirements of all firms in the group. Such a report or data item13 should contain the information required from all of them, meet all relevant due dates and indicate all the firms on whose behalf it is submitted; if necessary a separate covering sheet should list the firms on whose behalf a report or data item13 is submitted. Nevertheless, the requirement to provide a report or data item13, and the responsibility for the report or data item13, remains6 with each firm in the group. However, reporting requirements that apply to a firm, by reason of the firm being a member of a financial conglomerate, are imposed on only one member of the financial conglomerate (see, for example, SUP 16.12.32 R14).6

14
SUP 16.3.26 G RP

Examples of reports covering a group are:

  1. (1)

    the compliance reports required from banks under SUP 16.6.4 R;

  2. (2)

    annual controllers reports required under SUP 16.5.4 R;

  3. (3)

    annual close links reports required under SUP 16.5.4 R

  4. (4)

    consolidated financial reports required from banks under SUP 16.7.7 R;

  5. (5)

    consolidated reporting statements required from securities and futures firms under SUP 16.7.24 R.

SUP 16.4 Annual controllers report

Application

SUP 16.4.1 G RP

This section applies to every firm except those firms excluded from its operation by SUP 16.1.1 R and SUP 16.1.3 R. 632

SUP 16.4.2 G RP

This section may be of relevance to a directive friendly society:

  1. (1)

    if it has 10 members or less;

  2. (2)

    if it has a delegate voting system and has 10 delegates or less; or

  3. (3)

    if it has 20 members or less and effects or carries out group insurance contracts where one person may exercise one vote on behalf of the members of a group and one vote in their private capacity; or

where a member or delegate, whether alone or acting in concert8, is entitled to exercise, or control the exercise of, 10% or more of the total voting power.

8
SUP 16.4.2A G RP

8This section may be of relevance to non-directive firms.

SUP 16.4.3 G RP

Requirements for notifications of a change in control can be found in SUP 11 (Controllers and close links).

Purpose

SUP 16.4.4 G RP

A firm and its controllers are required to notify certain changes in control (see7SUP 11 (Controllers and close links)). The purpose of the rules and guidance in this section is:

7
  1. (1)

    to ensure that, in addition to such notifications, the FSA receives regular and comprehensive information about the identities of all of the controllers of a firm, which is relevant to a firm's continuing to satisfy the threshold conditions (see COND 2.3);

    8
  2. (2)

    to implement certain requirements relating to annual reporting of controllers which must be imposed on firms under the Investment Services Directive, the Banking Consolidation Directive, the Consolidated Life Directive7 and the Third Non-Life Directive; and

    7
  3. (3)

    to support the FSA's functions under Part XIIof the Act (Notices of acquisitions of control8 over UK 8authorised persons) (see SUP 11 (Controllers and close links)).

    8

Reporting requirement

SUP 16.4.5 R RP
  1. (1)

    A firm must submit a report to the FSA annually, containing the information in (3) or (4) (as applicable).

  2. (2)

    A firm must submit the report in (1) to the FSA within four months of the firm'saccounting reference date.

  3. (3)

    If a firm is not aware:

    1. (a)

      that it has any controllers; or

    2. (b)

      of any changes in the identity of its controllers since the submission of its previous report under (1); or

    3. (c)

      of any changes in the percentage of shares or voting power in the firm held by any controllers (alone or acting in concert8) since the submission of its previous report;

      8

    then the report in (1) must confirm this.

  4. (4)

    Unless (3) applies, the report in (1) must contain a list of all the controllers as at the firm'saccounting reference date of which it is aware and, for each such controller, state:

    1. (a)

      its name;

    2. (b)

      the percentage of voting power in the firm, or in the firm'sparent undertaking, which it is entitled to exercise or control the exercise of, whether alone or acting in concert8;

      8
    3. (c)

      the percentage of shares in the firm, or in the firm'sparent undertaking, which it holds, whether alone or acting in concert8;

      8
    4. (d)

      if the controller is a body corporate, its country of incorporation, address and registered number; and

    5. (e)

      if the controller is an individual, his date and place of birth.

  5. (4A)

    5A firm that is a regulated entity must include in its report to the FSA under (1) whether any consolidation group of which it is a member is a third-country banking and investment group.

  6. (4B)

    5A firm does not have to give notice to the FSA under (4A) if it, or another member of the third-country banking and investment group, has already given notice to the FSA of the relevant fact.

  7. (5)

    [deleted]8

    8
SUP 16.4.6 G

The information required by SUP 16.4.5 R(4) may be provided in the form of a group organisation chart.

SUP 16.4.7 G RP

If a group includes more than one firm, a single annual controllers report may be submitted, and so satisfy the requirements of all firms in the group. Such a report should contain the information required from all of them, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their FSA firm reference numbers. Nevertheless, the requirement to provide a report, and the responsibility for the report, remain with each firm in the group.1

SUP 16.4.8 G

A firm may submit a single report satisfying the requirements of its annual controllers report (SUP 16.4.5 R) and its annual close links report (SUP 16.5.4 R). Such a report should contain the information required on both controllers and close links.

SUP 16.4.9 G RP

Firms are reminded of the requirement in SUP 11.4.10 R to take reasonable steps to keep themselves informed about the identity of their controllers.

Exceptions: friendly societies and building societies

SUP 16.4.10 R RP

If a firm is a friendly society or a building society, then it is required to submit a report under SUP 16.4.5 R only if it is aware that it has a controller.4

SUP 16.4.11 R RP

3In SUP 16.4.5 R and SUP 16.4.10 R, a building society may regard a person as not being a controller if that person is exempt from the obligation to notify a change in control under The Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009 (SI 2009/7748) (see SUP 11.3.2A G (2)).

8 8

Exception: insurers

SUP 16.4.12 R RP

4An insurer need not submit a report under SUP 16.4.5 R to the extent that the information has already been provided to the FSA under IPRU(INS) 9.30R (Additional information on controllers).

SUP 16.5 Annual Close Links Reports

Application

SUP 16.5.1 G RP

This section applies to every firm except those firms excluded from its operation by SUP 16.1.1 R and SUP 16.1.3 R. 432

Purpose

SUP 16.5.2 G RP

A firm is required to notify the FSA of changes to its close links (see SUP 11.9). Threshold condition 3 (Close links) provides that, if a firm has close links with another person, the FSA must be satisfied that:

  1. (1)

    those close links are not likely to prevent the FSA's effective supervision of the firm; and

  2. (2)

    where it appears to the FSA that the person is subject to the laws, regulations or administrative provisions of a territory which is not an EEA State, neither the foreign provisions, nor any deficiency in their enforcement, would prevent the FSA's effective supervision of the firm.

SUP 16.5.3 G RP

The purposes of the rules and guidance in this section are:

  1. (1)

    to ensure that, in addition to such notifications, the FSA receives regular and comprehensive information about the identities of all persons with whom a firm has close links, which is relevant to a firm's continuing to satisfy the threshold condition 3 (Close links) (see SUP 2.3) and to the protection of consumers; and

  2. (2)

    to implement certain requirements relating to the provision of information on close links which must be imposed on firms under the 'Post-BCCI Directive'.

Report

SUP 16.5.4 R RP
  1. (1)

    A firm must submit a report to the FSA annually the information in (3) or (4) (as applicable).

  2. (2)

    A firm must submit the report in (1) to the FSA within four months of the firm'saccounting reference date.

  3. (3)

    If a firm is not aware:

    1. (a)

      that it has any close links; or

    2. (b)

      of any material changes to the details in (4) (a) to (c) in respect of its close links since the submission of its previous report under (1);

    then the report in (1) must confirm this.

  4. (4)

    Unless (3) applies, the report in (1) must contain a list of all persons with whom the firm has close links as at the firm'saccounting reference date of which it is aware, and for each such person state:

    1. (a)

      its name;

    2. (b)

      the nature of the close links;

    3. (c)

      if the close link is with a body corporate, its country of incorporation, address and registered number; and

    4. (d)

      if the close link is with an individual, his date and place of birth.

SUP 16.5.5 G

The information required by SUP 16.5.4R(4) may be provided in the form of a group organisation chart.

SUP 16.5.6 G RP

If a group includes more than one firm, a single annual close links report may be submitted and so satisfy the requirements of all firms in the group. Such a report should contain the information required from all of them, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their FSA firm reference numbers. Nevertheless, the requirement to provide a report, and the responsibility for the report, remain with each firm in the group.1

SUP 16.5.7 G

A firm may submit a single report satisfying the requirements of its annual controllers report (SUP 16.4.5 R) and its annual close links report (SUP 16.5.4 R). Such a report should contain the information required on both controllers and close links.

SUP 16.5.8 R RP

If a firm is an unincorporated friendly society, then it is only required to submit a report under SUP 16.5.4 R if it is aware that it has close links.

SUP 16.6 Compliance reports

Application

SUP 16.6.1 G RP

The effect of SUP 16.1.1 R is that this section applies to every firm within a category listed in the left hand column of the table in SUP 16.6.2 G.

SUP 16.6.2 G RP

Applicable provisions of this section (see SUP 16.6.1 G)

Category of firm

Applicable provisions

Bank, ELMI

SUP 16.6.4 R - SUP 16.6.5 R

Trustee of an AUT

Depositary of an ICVC

SUP 16.6.6 R - SUP 16.6.9 G

OPS firm

SUP 16.6.6 R - SUP 16.6.8 R

Purpose

SUP 16.6.3 G

The FSA performs part of its supervision work by reviewing and analysing information about firms' records of compliance with the requirements and standards under the regulatory system. The type of report the FSA requires will vary, depending on the type of business a firm undertakes. The requirements in SUP 16.6 represent an interim approach to compliance reporting, based mainly on the reporting requirements, which previous regulators applied to firms. This information helps the FSA to determine whether a firm is complying with the requirements applicable to its business, and what procedures it is operating to ensure its compliance.

Banks

SUP 16.6.4 R RP

A bank and an ELMI must submit compliance reports to the FSA in accordance with SUP 16.6.5 R.

SUP 16.6.5 R RP

Compliance reports from a bank and an ELMI (see SUP 16.6.4 R)

Report

Frequency

Due date

List of all overseas regulators for each legal entity in the firm's group

Annually

6 months after the firm's accounting reference date

Organogram showing the authorised entities in the firm's group

Annually

6 months after the firm's accounting reference date

Trustees of authorised unit trust schemes, depositaries of ICVCs, and OPS firms

SUP 16.6.6 R RP

A firm within a category listed in the left-hand column of SUP 16.6.7 R must submit compliance reports in accordance with SUP 16.6.7 R.

SUP 16.6.7 R RP

Compliance reports from trustees of AUTs, depositaries of ICVCs, and OPS firms (see SUP 16.6.6 R)

Report

Frequency

Due date

Report from a trustee of an AUT on manager's failures as set out in SUP 16.6.8 R (1)

Quarterly

1 month after quarter end (Note)

Report from a depositary of an ICVC on failures by the authorised corporate director as set out in SUP 16.6.8 R (2)

Quarterly

1 month after quarter end (Note)

OPS firms only:

Annual accounts of each occupational pension scheme in respect of which the firm is acting

Annually

7 months after end of the scheme year

OPS firms only:

Audited annual accounts of each OPS collective investment scheme in respect of which the firm is acting

Annually

7 months after end of the scheme year

Note = The quarter ends are 31 March, 30 June, 30 September, 31 December.1

SUP 16.6.8 R RP
  1. (1)

    The report from a trustee of an AUT to the FSA must state, in relation to the manager of each AUT for which it is a trustee, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared, or might have appeared, that the manager had failed (materially or otherwise) to:

    1. (a)

      give correct instructions to the trustee to create or cancel units in the AUT when the manager should have done so, and the error:

      1. (i)

        resulted in the creation of too few units or in the cancellation of too many units; and

      2. (ii)

        was not corrected in accordance with the FSA'sguidance as set out inCOLL 6.2.12 G;3

        33
    2. (b)

      price units in the AUT in accordance with COLL 6.3 3 where the pricing error was:

      33
      1. (i)

        greater than 0.5% of the price of a unit; or

      2. (ii)

        less than 0.5% of the price of a unit, and the trustee did not consider the manager's controls to be adequate;

    unless the failure was an isolated incident.

  2. (2)

    The report from a depositary of an ICVC to the FSA must state, in relation to the authorised corporate director of each ICVC for which the firm is a depositary, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared,3 or might have appeared,3 that the authorised corporate director had failed (materially or otherwise) to:

    1. (a)

      arrange for the issue3 or cancellation of shares in the ICVC when the authorised corporate director should have done so, and the error:

      3
      1. (i)

        resulted in the creation of too few shares or in the cancellation of too many shares; and

      2. (ii)

        was not corrected in accordance with the FSA'sguidance as set out in COLL 6.2.12 G;3

        3
    2. (b)

      price shares in the ICVC in accordance with the provisions of COLL 6.3 3, where the pricing error was:

      3
      1. (i)

        greater than 0.5% of the price of a share; or

      2. (ii)

        less than 0.5% of the price of a share, and the depositary did not consider the authorised corporate director's controls to be adequate;

    unless the failure was an isolated incident.

  3. (3)

    An OPS firm must notify the FSA of any change in the date of commencement of the scheme year of an OPS or OPS collective investment scheme, in respect of which the firm is acting, not less than 15 business days before the date on which such a change is to become effective.2

SUP 16.6.9 G

SUP 16 Annex 12 provides guidance on the completion of the report from a trustee of an AUT on a manager's failures as set out in SUP 16.6.8 R(1), and the report from a depositary of an ICVC on failures by the authorised corporate director as set out in SUP 16.6.8 R(2). This guidance includes suggested formats for the submission of the reports.

SUP 16.8 Persistency reports from insurers and data reports on stakeholder pensions

Application

SUP 16.8.1 G RP

1The effect of SUP 16.1.1 R is that this section applies to:

  1. (1)

    every insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society1; and

  2. (2)

    every firm with permission to establish, operate or wind up a stakeholder pension scheme.

Purpose

SUP 16.8.2 G RP

1The purpose of this section is to enable information on the persistency of life policies and data on stakeholder pensions to be prepared and provided to the FSA in a standard format. This information is used in the monitoring of firms both individually and collectively.

Requirement to submit persistency and data reports

SUP 16.8.3 R RP
  1. (1)

    1An insurer with permission to effect orcarry outlife policies must submit to the FSA a persistency report in respect of life policies by 30 April each year in accordance with this section.

  2. (2)

    A firm with permission to establish, operate or wind up a stakeholder pension scheme must submit to the FSA:

    1. (a)

      a data report on stakeholder pensions by 30 April each year prepared in accordance with this section; and

    2. (b)

      two extra data reports on stakeholder pensions prepared in accordance with this section as follows:

      1. (i)

        by 31 October 2002, of the number effected in the period to 30 June 2001 and the number of those still in force 12 months after the contract was effected;

      2. (ii)

        by 31 January 2003, of the number effected in the period 1 July 2001 to 30 September 2001 and the number of those still in force 12 months after the contract was effected.

Interpretation of this section

SUP 16.8.4 R RP

1In this section, and Forms 1R(2) to (4) in SUP 16 Annex 6R:

  1. (1)

    '12 month report' means the part of a persistency report or data report reporting on life policies or stakeholder pensions effected in Y-2, '24 month report' means the part of a persistency report or data report reporting on life policies or stakeholder pensions effected in Y-3, and so on;

  2. (2)

    'CC' means the number of life policies or stakeholder pensions which:

    1. (a)

      were effected during the period to which the calculation relates; and

    2. (b)

      are reported on in the persistency report or data report (see SUP 16.8.8 R to SUP 16.8.15 R);

  3. (3)

    'CF' means the number of life policies or stakeholder pensions within 'CC' which are treated as in force at the end of Y-1 or, for a report under SUP 16.8.3 R (2) (b), the relevant 12 month period (see SUP 16.8.16 R to SUP 16.8.18 R);

  4. (4)

    'contract anniversary' means the anniversary of the date on which the life policy or stakeholder pension was effected falling within Y-1;

  5. (5)

    'data report' means a report in respect of stakeholder pensions complying with SUP 16.8.19 R to SUP 16.8.21 R;

  6. (6)

    Forms 1R(1), 1R(2), 1R(3) and 1R(4) mean the forms in SUP 16 Annex 6;

  7. (7)

    'group personal pension policy' means a life policy which is not a separate pension scheme, effected under a collecting arrangement made for the employees of a particular employer to participate in a personal pension arrangement on a group basis;

  8. (8)

    [deleted]

  9. (9)

    'mortgage endowment' means an endowment assurance effected or believed to be effected for the purposes of paying off a loan on land;

  10. (10)

    'new', in relation to a stakeholder pension, has the meaning given in SUP 16.8.11 R (2);

  11. (11)

    'ordinary assurance policy' means a life policy which is not an industrial assurance policy;

  12. (12)

    'other life assurance' means a life policy other than a pension policy, endowment assurance or whole life assurance;

  13. (13)

    'other pension policy' means a pension policy other than a personal pension policy;

  14. (14)

    'persistency rate' means a rate calculated using this formula:CF x 100/CC(see the example in SUP 16.8.5 G);

  15. (15)

    'persistency report' means a report in respect of life policies complying with SUP 16.8.19 R to SUP 16.8.21 R;

  16. (16)

    'regular premium life policy' means a life policy where there is (or could be, or has been) a commitment by the policyholder to make a regular stream of contributions (for example by means of a direct debit mandate);

  17. (17)

    'regular premium stakeholder pension' means a stakeholder pension where there is (or could be, or has been) a commitment by the policyholder to make a regular stream of contributions;

  18. (18)

    'single premium life policy' means a life policy that is not a regular premium life policy, except that a recurrent single premium life policy must be treated as a regular premium life policy;

  19. (19)

    'single premium stakeholder pension' means a stakeholder pension which is not a regular premium stakeholder pension, except that a recurrent single premium stakeholder pension must be treated as a regular premium stakeholder pension;

  20. (20)

    'stakeholder pension' means an individual's rights under a stakeholder pension scheme;

  21. (21)

    'substitute', in relation to stakeholder pension, has the meaning given in SUP 16.8.11 R (2);

  22. (22)

    'Y' means the year in which the report must be submitted, 'Y-1' means the preceding year, 'Y-2' means the next earlier year and so on;

  23. (23)

    'year' means calendar year, unless SUP 16.8.7 R applies.

SUP 16.8.5 G RP

Example of calculation of persistency rate for life policies that commenced during 1996 (see SUP 16.8.3 R)1

Y (year of reporting)

Number of life policies which commenced during 1996

Number of 1996 policies that cease to be in force during Y-1

Deaths and retirements (not included in CC and CF)

CF

CC

1998

1000

143

2

1000 - 143 - 2 = 855

1000 - 2 = 998

1999

1000

25

1

1000 - 143 - 25 - 2 - 1 = 829

1000 - 2 - 1 = 997

Report submitted in 1998 Persistency rate for life policies that commenced during Y-2 (that is 1996)

Report submitted in 1999 Persistency rate for life policies that commenced during Y-3 (that is 1996)

SUP 16.8.6 G RP

1 Firms are reminded that annuity contracts other than deferred annuity contracts are not within the definition of 'life policy'.

SUP 16.8.7 R

1In relation to a persistency report, a firm may treat a 12-month period ending between 1 October and 31 March as a 'year' for the purposes of this section and Forms 1R(1) to (3):

  1. (1)

    if the firm's financial year does not end on 31 December; or

  2. (2)

    for industrial assurance policy business;

provided that the use of an alternative period is disclosed in the persistency report.

Life policies and stakeholder pension to be reported on in the persistency or data reports

SUP 16.8.8 R RP

1A persistency report or data report must report on a life policy or stakeholder pension if:

  1. (1)

    it is not of a type listed in SUP 16.8.13 R or SUP 16.8.14 R;

  2. (2)

    it was effected by:

    1. (a)

      the firm submitting the report; or

    2. (b)

      an unauthorised member of the group of the firm submitting the report and in circumstances in which that firm was responsible for the promotion of that life policy or stakeholder pension; or

    3. (c)

      another firm, but is being carried out by the firm submitting the report; and

  3. (3)

    the person who sold it or who was responsible for its promotion was, in so doing, subject to rules in COBS5.

    56
SUP 16.8.9 G RP

1 Life policies and stakeholder pensions falling within SUP 16.8.8 R (2) (c) are those which have been transferred from another firm, for example under an insurance business transfer scheme under Part VIIof the Act (Control of Business Transfers).

SUP 16.8.10 R RP

1 Life policies falling within SUP 16.8.8 R, which were sold subject to the conduct of business rules of a previous regulator, need to be reported only if they were required to be reported on by the rules of the previous regulator of the firm submitting the report.

SUP 16.8.11 R RP
  1. (1)

    1A life policy or stakeholder pension which was issued in substitution for a similar contract may be treated as being effected on the inception date of the previous life policy or stakeholder pension, provided that the firm is satisfied that no loss to the policyholder is attributable to the substitution;

  2. (2)

    A stakeholder pension which is treated as in (1) is a "substitute" stakeholder pension. A "new" stakeholder pension is any other stakeholder pension.

SUP 16.8.12 G RP

1Examples of loss to the policyholder under SUP 16.8.11 R are losses resulting from higher charges and more restrictive benefits and options.

SUP 16.8.13 R RP

1A persistency or data report must not report on any of the following:

  1. (1)

    a life policy or stakeholder pension that was cancelled from inception whether or not this was as a result of service of a notice under the rules on cancellation (COBS 15)5;

    5
  2. (2)

    an appropriate personal pension scheme to which contributions are made only by the Department of Social Security;

  3. (3)

    a life policy (excluding income withdrawal) or stakeholder pension which has terminated as a result of death, critical illness, retirement, maturity or other completion of the contract term;

  4. (4)

    income withdrawals that have ceased as a result of the death of the policyholder;

  5. (5)

    in the case of a persistency report only, a life policy which is a stakeholder pension;

  6. (6)

    a life policy purchased by the trustees of an occupational pension scheme2 which is a defined benefits pension scheme;

  7. (7)

    a life policy purchased by the trustees of an executive money purchase occupational pension scheme.

SUP 16.8.14 R

1A persistency report required by SUP 16.8.3 R (1) need not report on a life policy if the number of life policies on substantially the same terms effected by the relevant firm (or member of the firm'sgroup) in the relevant year did not exceed the higher of fifty and 1% of the total reportable life policies effected by the person in that year.

SUP 16.8.15 R RP

1If the term of an endowment assurance is less than five years, the life policy must only be included in a persistency report in respect of years up to and including the anniversary prior to maturity.

Life policies and stakeholder pensions to be treated as in force

SUP 16.8.16 R RP

1Subject to SUP 16.8.17 R and SUP 16.8.18 R, a life policy or stakeholder pension must be treated as in force at the end of Y-1 (that is, included in CF) if and only if:

  1. (1)

    in the case of a regular premium life policy:

    1. (a)

      in the case of an industrial assurance policy on which the premiums are paid at intervals of four weeks, the premium has been paid in respect of the four-week period in which the policy anniversary falls; or

    2. (b)

      in any other case, the premium has been paid in respect of the month in which the policy anniversary falls;

  2. (2)

    in the case of a single premium life policy, the policy has not been surrendered as at the policy anniversary;

  3. (3)

    in the case of a regular premium stakeholder pension:

    1. (a)

      for a report required by SUP 16.8.3 R (2) (a), the premium has been paid in respect of the month in which the contract anniversary falls;

    2. (b)

      for a report required by SUP 16.8.3 R (2) (b), the premium has been paid in respect of the month 12 months after the contract was effected;

  4. (4)

    in the case of a single premium stakeholder pension:

    1. (a)

      for a report required by SUP 16.8.3 R (2)(a), the contract has not been surrendered as at the contract anniversary; or

    2. (b)

      for a report required by SUP 16.8.3 R (2)(b), the contract has not been surrendered as at the end of the 12 month period.

SUP 16.8.17 R RP

1A cluster life policy must be reported as a single life policy and must be treated as in force (that is included in CF) even if some of the constituent life policies have been terminated.

SUP 16.8.18 R RP

1An income withdrawal that has terminated other than by death of the policyholder must be treated as not in force at the end of Y-1 (that is, not included in CF).

Contents of the persistency or data report

SUP 16.8.19 R
  1. (1)

    1A persistency report on life policies must be a report in the format of Forms 1R(1), (2) and (3).

  2. (2)

    A data report on stakeholder pensions must be a report in the format of Form 1R(4).

  3. (3)

    A persistency and a data report must include:

    1. (a)

      for a report required by SUP 16.8.3 R (1) or (2) (a), a separate copy of each Form reporting on life policies or stakeholder pensions effected during each of Y-2, Y-3, Y-4, Y-5;

    2. (b)

      for a persistency report, a separate copy of Forms IR(1) and IR(2) reporting on:

      1. (i)

        regular premium life policies and single premium life policies; and

      2. (ii)

        life policies classified as ordinary assurance policies and industrial assurance policies .

SUP 16.8.20 R

1If, in relation to any Form, a firm has no life policies or stakeholder pensions to report on in a copy of that Form, the firm need not submit that copy provided that it confirms in writing to the FSA, as part of the persistency or data report, that it is not doing so and the reason for not doing so.

SUP 16.8.21 R RP

1The firm must, if a persistency report reports on;

  1. (1)

    an endowment assurance with a term of five years or less:

    1. (a)

      report on such a policy in Form 1R(2); and

    2. (b)

      not report on such a policy in Form 1R(1);

  2. (2)

    a group personal pension policy, include the policy as a personal pension policy in Forms 1R(1) and 1R(3);

  3. (3)

    a mortgage endowment, also include the policy as an endowment assurance in Forms 1R(1) and 1R(3);

  4. (4)

    an income withdrawal, not include the policy under any other relevant category in Forms 1R(1) and 1R(3).

    4
SUP 16.8.22 G
  1. (1)

    1Under SUP 16.8.16 R, a life policy must be treated as not in force if premiums have not been paid at the relevant date. Form 1R(3) seeks additional information on the number of policies treated as not in force which are subject to genuine contribution holidays.

  2. (2)

    A firm should treat a life policy as 'subject to a contribution holiday' if:

    1. (a)

      the terms of the policy allow the policyholder to take a contribution holiday;

    2. (b)

      the policyholder has opted to take a contribution holiday in accordance with those terms;

    3. (c)

      the policyholder has clearly stated his intention to resume payments; and

    4. (d)

      at the end of Y-1, not more than 12 months have elapsed from the date that premiums ceased to be paid.

Records

SUP 16.8.23 R RP

1A firm must make and retain such records as will enable it to:

  1. (1)

    monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives; and

  2. (2)

    make persistency reports or data reports to the FSA in accordance with SUP 16.8.3R.

SUP 16.8.24 G RP

1In order to comply with SUP 16.8.23 R, a firm will as a minimum need to make and retain separate records for:

  1. (1)

    life policies and stakeholder pensions originally promoted:

    1. (a)

      by representatives; or

    2. (b)

      by independent intermediaries; or

    3. (c)

      through the firm's own direct offer financial promotions; or

    4. (d)

      as adopted packaged products;

  2. (2)

    life policies and stakeholder pensions not within (1), including those effected as execution-only transactions,for inclusion in the relevant form under 'Otherwise';

  3. (3)

    life policies and stakeholder pensions written assuming the payment of:

    1. (a)

      regular premiums;

    2. (b)

      a single premium;

  4. (4)

    life policies written as:

    1. (a)

      ordinary assurance policies;

    2. (b)

      industrial assurance policies;

  5. (5)

    the categories of life policies and stakeholder pensions referred to in Forms 1R(1) to (4). 3

SUP 16.9 Appointed representatives annual report

Application

Purpose

SUP 16.9.2 G RP

1The purpose of the rules and guidance in this section is to ensure that, in addition to the notifications made under SUP 12.7 (Appointed representatives; notification requirements), the FSA receives regular and comprehensive information about the appointed representatives engaged by a firm, so that the FSA is in a better position to pursue the regulatory objective of the protection of consumers.3

SUP 16.9.3 R RP
  1. (1)

    1A firm must:

    1. (a)

      submit a report to the FSA annually, in the form of an amended copy of the relevant extract from the FSA Register, containing the information in (2);3

    2. (b)

      submit the report in (1) to the FSA within four months of the firm'saccounting reference date.

  2. (2)

    The report in (1) must contain a list of all the current appointed representatives of the firm as at the firm'saccounting reference date.

  3. (3)

    The report in (1) is not required if:

    1. (a)

      the firm has no appointed representatives as at the firm's accounting reference date; and

    2. (b)

      this is reflected in the relevant extract from the FSA Register.

SUP 16.9.4 G RP

1The FSA Register is maintained under section 347 of the Act (The record of authorised persons, etc.) and may be viewed at the FSA's website at www.fsa.gov.uk/register/.

SUP 16.9.5 G

[deleted]31

SUP 16.9.6 G RP

1If a group includes more than one firm, a single annual appointed representatives report may be submitted on behalf of all firms in the group. Such a report should contain the information required from all the firms, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their FSA firm reference numbers. The requirement to provide a report, and the responsibility for the report remains with each firm in the group. 2

SUP 16.10 1Verification of standing data2

Application

SUP 16.10.1 G RP

The effect of SUP 16.1.1 R is that this section applies to every firm except:

  1. (1)

    an ICVC; or

  2. (2)

    a UCITS qualifier; or

  3. (3)

    a credit union.

Purpose

SUP 16.10.2 G RP

Standing data is used by the FSA:

  1. (1)

    to ensure that a firm is presented with the correct regulatory return when it seeks to report electronically;

  2. (2)

    in order to communicate with a firm;

  3. (3)

    as the basis for some sections of the FSA Register; and

  4. (4)

    in order to carry out thematic analysis across sectors and groups of firms.

SUP 16.10.3 G RP

In view of the importance attached to standing data, and the consequences which may result if it is wrong, this section provides the framework for a firm to check and correct it.

Requirement to check the accuracy of standing data and to report changes 2to the FSA

SUP 16.10.4 R RP
  1. (1)

    Within 30 business days of its accounting reference date, a firm must check the accuracy of its standing data through the relevant section of the FSA website.

  2. (2)
  3. (3)

    If any standing data is incorrect, the firm must give the corrected standing data to the FSA,

    using the appropriate form submitted in accordance with instructions on that form.2

SUP 16.10.5 G RP

The standing data is made available to the firm when the firm logs into the appropriate section of the FSA website. The firm should check the standing data and send any corrections to the FSA. The FSA's preferred method of receiving corrections to standing data is by the online forms available at the FSA's website.2

SUP 16.10.6 G RP

A firm may check, and submit corrections to, its standing data more frequently than annually.

SUP 16.10.7 G

2For the purpose of SUP 16.10.4R (3), the appropriate form will be determined by the standing data to be corrected. Appropriate forms will include (but are not limited to) the form in SUP 15 Ann 333 (standing data form) and the form in SUP 15 Ann 433 (notification form).2

SUP 16.11 1Product Sales Data Reporting

Application

SUP 16.11.1 R RP

This section2 applies to a firm which is a home finance provider3 or in respect of sales to a retail client5 or a consumer5:

3 5 5
  1. (1)

    an insurer; or

  2. (2)

    the operator ofa regulated collective investment scheme, an investment trust savings scheme , or a personal pension scheme4; or

    4
  3. (3)

    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.

Purpose

SUP 16.11.2 G RP
  1. (1)

    The purpose of this section2 is to set out the requirements for firms in the retail mortgage, investment, and pure protection contract markets specified in SUP 16.11.1 R to report individual product sales data to the FSA. This requirement applies whether the regulated activity has been carried out by the firm, or through an intermediary which has dealt directly with the firm.

    2
  2. (2)

    The purpose of collecting this data is to assist the FSA in the ongoing supervision of firms engaged in retail activities and to enable the FSA to gain a wider understanding of market trends in the interests of protecting consumers.

Reporting requirement

SUP 16.11.3 R RP
  1. (1)

    A firm must submit a report (the

    'data report') containing the information required by SUP 16.11.5 R quarterly, within 20 business days of the end of the quarter, unless (3) applies.

  2. (2)

    The reporting periods are the four calendar quarters of each year beginning on 1 January.

  3. (3)

    A firm need not submit a data report if no relevant sales have occurred in the quarter.

SUP 16.11.4 G RP
  1. (1)

    A firm may submit a data report more frequently than quarterlyif it wishes.

  2. (2)

    If it is easier and more practical for a firm to submit additional data relating to products other than those specified in SUP 16.11.5 R, it may submit that additional data to the FSA in a data report.

Content of the report

SUP 16.11.5 R RP

The 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 (but not further advances);3

  4. (4)

    home purchase plans; and3

  5. (5)

    home reversion plans3

SUP 16.11.6 G

Guidance on the type of products covered by SUP 16.11.5 R is contained in SUP 16 Annex 20G.

SUP 16.11.7 R RP

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

SUP 16.11.8 R RP

The 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

SUP 16.11.8A G RP

2Where the operator of a collective investment scheme receives business from a firm which operates a nominee account, the data report in respect of those transactions submitted by the operator should treat those transactions as transactions undertaken by the operator with the firm.

SUP 16.11.9 R RP

A firm must provide thedata report to the FSA electronically in a standard format provided by the FSA.

SUP 16.11.10 G RP

A data report will have been provided to the FSA in accordance with SUP 16.11.9 R only if all mandatory data reporting fields (as set out in SUP 16 Annex 21R) have been completed correctly and the report has been accepted by the relevant FSA reporting system.

Use of reporting agents

SUP 16.11.11 R RP
  1. (1)

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

  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.

SUP 16.12 Integrated Regulatory Reporting

Application

SUP 16.12.1 G RP

1The effect of SUP 16.1.1 R is that this section applies to every firm carrying on business set out in column (1) of SUP 16.12.4 R except:

  1. (1)

    an incoming EEA firm2 with permission for cross border services only;

  2. (2)

    an oil market participant that is not subject to the requirements of IPRU(INV) Chapter 32;

  3. (3)

    an authorised professional firm (other than one that must comply with IPRU(INV) 3, 5 , 10 or 13 in accordance with IPRU(INV) 2.1.4R, where SUP 16.12.4 R will apply in respect of the business the firm undertakes)3, which must comply with SUP 16.12.30 R and2SUP 16.12.31 R; and

  4. (4)

    a financial conglomerate, which must comply with SUP 16.12.32 R: firms that are members of a financial conglomerate will have their own reporting requirements under SUP 16.12.32 R.

Purpose

SUP 16.12.2 G RP
  1. (1)

    Principle 4 requires firms to maintain adequate financial resources. The Interim Prudential sourcebooks, PRU, BIPRU and GENPRU set out the FSA's detailed capital adequacy requirements. By submitting regular data, firms enable the FSA to monitor their compliance with Principle 4 and their prudential requirements in the FSA Handbook.

  2. (2)

    The data items submitted help the FSA analyse firms' financial and other conditions and performance and to understand their business. By means of further collation and review of the data which the data items provide, the FSA also uses the data items to identify developments across the financial services industry and its constituent sectors.

  3. (3)

    The requirements in this section differ according to a firm'sregulated activity group (RAG), as different information is required to reflect different types of business. Standard formats are used for reporting, to assist10 compatibility between firms which carry on similar types of business. Timely submission is important to ensure the FSA has up-to-date information.

    10

Reporting requirement

SUP 16.12.3 R RP
  1. (1)

    Any firm permitted to 5carry5 on any of the activities within each of the RAGs set out in column (1) of the table in SUP 16.12.4 R must:

    1. (a)
      1. (i)

        unless (ii) applies, submit to the FSA the duly completed data items or other items applicable to the firm as set out in the provision referred to in column (2) of that table;

      2. (ii)

        to the extent that a firm is required to submit completed data items in respect of more than one RAG, the firm must only submit the data item of the same name and purpose in respect of the lowest numbered RAG applicable to it;

      3. (iii)

        (ii) does not apply to any data items relating to the FSA fees or FOS or FSCS levy , or threshold conditions,5which must be submitted in respect of each RAG;

      4. (iv)

        in the case of a non-EEA bank, or an EEA bank (whether or not it has permission to accept deposits) other than one with permission for cross border servicesonly, any data itemssubmitted should, unless indicated otherwise, only cover the activities of the branch operation in the United Kingdom;5

      in the format specified as applicable to the firm in the provision referred to in column (2);

    2. (b)

      at the frequency and in respect of the periods set out in the provision referred to in column (3); and

    3. (c)

      by the due date referred to in the provision referred to in column (4).

  2. (2)

    Unless (3) applies, any data item in (1) must be submitted by electronic means made available by the FSA;

  3. (3)

    (2) does not apply to:

    1. (a)

      credit unions solely in relation to the reporting requirement for RAG 1 activities, where SUP 16.3.6 R to SUP 16.3.10 G will apply;2

    2. (b)

      firms in RAG 2 in relation to the reporting requirements for RAG 2 activities; and2

    3. (c)

      those data items specified as "No standard format", where SUP 16.3.6 R to SUP 16.3.10 G will apply.2

  4. (4)

    A firm that is a member of a financial conglomerate must also submit financial reports as required by SUP 16.12.32 R.

SUP 16.12.3A G

5The following is designed to assist firms to understand how the reporting requirements set out in this chapter operate when the circumstances set out in SUP 16.12.3R (1)(a)(ii) apply.

  1. (1)

    Example 1

    A UKbank that undertakes activities in both RAG 1and RAG 7

    Overlaying the requirements of RAG 1 (data items) with the requirements of RAG 7 shows the following:

    RAG 1 (SUP 16.12.6 R) data items

    RAG 7 (SUP 16.12.22A R) data items

    Annual accounts

    Annual accounts

    Audited accounts of the mixed-activity holding company

    Annual accounts of the mixed-activity holding company (note 10)

    Solvency statement

    Solvency statement

    Balance sheet

    Balance Sheet

    Income statement

    Income statement

    Capital adequacy

    Capital adequacy

    Credit risk

    Credit risk

    Market risk

    Market risk

    Market risk - supplementary

    Market risk - supplementary

    Operational risk

    Operational risk

    Large exposures

    Large exposures

    UK integrated group large exposures

    UK integrated group large exposures

    Liquidity (other than stock)

    Liquidity - stock

    Forecast data

    Solo consolidation data

    Solo consolidation data

    Pillar 2 questionnaire

    Interest rate gap report

    Non-EEA sub-group

    Non-EEA sub-group

    Professional indemnity insurance

    Threshold Conditions

    Training and Competence

    COB data

    Supplementary product sales data

    Client money and client assets

    Fees and levies

    From this, the additional reports that are required are:

    1. (a)

      Pillar 2 questionnaire (FSA019), but the note that applies to the data item for RAG 7 firms (note 8) makes clear this only applies to BIPRU investment firms (so it should not be completed by a RAG 1 firm);

    2. (b)

      Professional indemnity insurance, where RAG 7 firms complete Section E of the RMAR, and therefore a RAG 1 firm should complete that;

    3. (c)

      Threshold conditions, which is not applied across RAGs by virtue of SUP 16.12.3R (1)(a)(iii);

    4. (d)

      Training and competence data, where RAG 1 firms should also complete Section G of RMAR;

    5. (e)

      Conduct of business data, where RAG 1 firms should complete Section H of RMAR;

    6. (f)

      Supplementary product sales data, the reporting requirements for which are met by completing Section I of RMAR; and

    7. (g)

      Fees and levies, which are not applied across RAGs by virtue of SUP 16.12.3R (1)(a)(iii).

    The reporting frequency and submission times for items (b) and (d) to (f) above are then derived from the rules applicable to BIPRU firms in SUP 16.12.23 R and SUP 16.12.24 R.

  2. (2)

    Example 2

    A non-EEA bank in RAG 1 that also carries on activities in RAG 5

    Again, overlaying the RAG 1 reporting requirements with the requirements for a RAG 5 firm gives the following :

    RAG 1 requirements (SUP 16.12.5 R)

    RAG 5 requirements (SUP 16.12.18A R)

    Annual accounts

    Annual accounts

    Audited accounts of the mixed-activity holding company (note 9)

    Solvency statement (note 10)

    Balance sheet

    Balance Sheet

    Income statement

    Income statement

    Capital adequacy

    Capital Adequacy

    Credit risk

    Market risk

    Market risk -supplementary

    Operational risk

    Large exposures

    UK integrated group large exposures

    Liquidity (other than stock)

    Liquidity - stock

    Forecast data

    Solo consolidation data

    Interest rate gap report

    ELMI questions

    Non-EEA sub-group

    Lending - Business flow and rates

    Residential Lending to individuals - New business profile

    Lending - Arrears analysis

    Mortgage administration - Business profile

    Mortgage Administration - Arrears analysis

    Analysis of loans to customers

    Provisions analysis

    Fees and levies

    In this case, it is more obvious that the firm's reporting requirement in RAG 1 is not all the data items listed above. However, for the purposes of this exercise, it is the list of potential data items that is important. Thus comparing RAG 1 with RAG 5, the additional reporting requirements are:

    1. (a)

      Lending - Business flow and rates, where Section D MLAR is required;

    2. (b)

      Residential Lending to individuals - New business profile, where Section E MLAR is required;

    3. (c)

      Lending - Arrears analysis, where Section F MLAR is required;

    4. (d)

      Mortgage administration - Business profile, where Section G MLAR is required;

    5. (e)

      Mortgage Administration - Arrears analysis, where Section H MLAR is required

    6. (f)

      Analysis of loans to customers, where section A3 of MLAR is required

    7. (g)

      Provisions analysis, where Section B2 of MLAR is required; and

    8. (h)

      Fees and levies, which are not applied across RAGs by virtue of SUP 16.12.3R (1)(a)(iii).

    The reporting frequency and submission times for items (a) to (g) above are then derived from the rules applicable to RAG 5 firms in SUP 16.12.18 R.

    The fact that the non-EEA bank has no specific data item to complete in respect of the balance sheet and capital adequacy in RAG 1 means that the notional requirement to provide such reports is satisfied by a non-submission. For example, in the case of the balance sheet for a non-EEA bank, this data is not requested as it duplicates data provided to the Bank of England, which is also available to the FSA.

SUP 16.12.4 R RP

Table of applicable rules containing data items4, frequency and submission periods

(1)

(2)

(3)

(4)

RAG number

Regulated Activities

Provisions containing:

applicable data items

reporting frequency/ period

Due date

RAG 1

• accepting deposits

• issuing electronic money

SUP 16.12.5 R

SUP 16.12.6 R

SUP 16.12.7 R

RAG 2.1

• effecting contracts of insurance

• carrying out contracts of insurance

• entering as provider into a funeral plan contract

SUP 16.12.8 R 2

SUP 16.12.8 R 2

SUP 16.12.8 R 2

RAG 2.2

• managing the underwriting capacity of a Lloyds syndicate as a managing agent at Lloyds

• advising on syndicate participation at Lloyds

• arranging deals in contracts of insurance written at Lloyds

SUP 16.12.9 R 2

SUP 16.12.9 R 2

SUP 16.12.9 R 2

RAG 3

• dealing in investment as principal

• dealing in investments as agent

• advising on investments (excluding retail investment activities)

• arranging (bringing about) deals in investments (excluding retail investment activities)

SUP 16.12.10 R 2

SUP 16.12.11 R

SUP 16.12.10 R 2 SUP 16.12.12 R

SUP 16.12.10 R 2 SUP 16.12.13 R

RAG 4

• managing investments

• establishing, operating or winding up a regulated collective investment scheme

• establishing, operating or winding up an unregulated collective investment scheme

• establishing, operating or winding up a stakeholder pension scheme

• establishing, operating or winding up a personal pension scheme2

5

SUP 16.12.14 R 2

SUP 16.12.15 R

SUP 16.12.14 R 2 SUP 16.12.16 R

SUP 16.12.14 R 2 SUP 16.12.17 R

RAG 5

• entering into a regulated mortgage contract

• administering a regulated mortgage contract

SUP 16.12.18A R 2

SUP 16.12.18A R 2

SUP 16.12.18A R 2

RAG 6

• acting as trustee of an authorised unit trust

• safeguarding and administration of assets (without arranging)

• arranging safeguarding and administration of assets

• acting as depository or sole director of an OEIC5

SUP 16.12.19A R 2

SUP 16.12.20 R 2

SUP 16.12.21 R 2

RAG 7

• retail investment activities

• advising on pensions transfers & opt-outs

• arranging (bringing about deals) in retail investments

SUP 16.12.22A R

SUP 16.12.23 R

SUP 16.12.24 R

RAG 8

• making arrangements with a view to transactions in investments

• operating a multilateral trading facility4

SUP 16.12.25A R

SUP 16.12.26 R

SUP 16.12.27 R

RAG 9

• mortgage mediation activity

• insurance mediation activity (non-investment insurance contracts)

SUP 16.12.28 R 2

SUP 16.12.28 R 2

SUP 16.12.28 R 2

RAG 10

• the activities of an RIE/RCH

SUP 16.12.29 G 2

SUP 16.12.29 G 2

SUP 16.12.29 G 2

Regulated Activity Group 13

Applicable data items

SUP 16.12.5 R

The applicable data items and forms or reports referred to in SUP 16.12.4 R are set out according to firm6 type in the table below:

Description of data item

Prudential category of firm6 and applicable data items (Note 1)

UK bank

Building society

Non-EEA bank

EEA bank that has permission to accept deposits, other than one with permission for cross border services only

EEA bank that does not have permission to accept deposits, other than one with permission for cross border services only

Electronic money institutions

Credit union

Annual accounts

No standard format

No standard format, but in English

No standard format

Audited accounts of the mixed-activity holding company (note 9)

No standard format

Solvency statement (note 10)

No standard format

Balance sheet

FSA001 (note 2)

FSA001 (note 2)

FSA020

CQ; CY

Income statement

FSA002 (note 2)

FSA002 (note 2)

FSA002

FSA021

CQ; CY

Capital adequacy

FSA003 (note 2)

FSA003 (note 2)

FSA022

CQ; CY

Credit risk

FSA004 (note 2)

FSA004 (note 2)

Market risk

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

FSA023

Market risk -supplementary

FSA006 (note 5)

Operational risk

FSA007 (notes 2, 6)

FSA007 (notes 2, 6)

Large exposures

FSA008 (note 2)

FSA008 (note 2)

FSA024

CQ; CY

UK integrated group large exposures

FSA018 (note 12)

FSA018 (note 12)

Liquidity (other than stock)

FSA010 (note 3)

FSA011

FSA010

FSA010

FSA012

FSA025

CQ; CY

Liquidity - stock

FSA013 (note 3)

Forecast data

FSA014 (note 11)

FSA014 (note 11)

Solo consolidation data

FSA016 (note 7)

FSA016 (note 7)

Interest rate gap report

FSA017

FSA017

ELMI questions

FSA026

Non-EEA sub-group

FSA028 (note 8)

FSA028 (note 8)

6Sectoral information, including arrears and impairment

FSA015

FSA015

6Maturity analysis of assets and deposits

FSA044 (note 11)

FSA044 (note 11)

FSA044 (note 11)9

FSA044 (note 11)9

6IRB portfolio risk

FSA045 (note 13)

FSA045 (note 13)

6Securitisation

FSA046 (note 14)

FSA046 (note 14)

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24 R, except for credit union reports that are in SUP 16 Annex 14. Guidance notes for completion of the data items are contained in SUP 16 Annex 25 G (or Ann 15 G for credit unions).

Note 2

Firms that are members of a UK consolidation group subject to the capital resources requirement at stage 1 of BIPRU 8 Annex 5 are also required to submit this data item on a UK consolidation group basis. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 3

A UK bank is not required to submit both FSA010 and FSA013. A UK bank which monitors its liquidity according to the maturity mismatch approach as set out in IPRU(BANK) LM must submit FSA010. A UK bank which monitors its liquidity according to the sterling stock liquidity approach as set out in IPRU(BANK) LS must submit FSA013. FSA013 will generally be provided on a consolidated basis and members of the consolidated group will not be required to report individually.3

Note 4

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two quarterly submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two quarterly submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.

In both cases, the threshold is exceeded if data element 93A in data item FSA003 (or similar) is greater than ÂŁ50 million, or its currency equivalent at the reporting date.

Note 5

Only applicable to firms with a CAD2 waiverunder GENPRU 2.1.52 R.

Note 6

This is only applicable to a firm that has adopted, in whole or in part, either the Standardised Approach, Alternative Standardised Approach, or Advanced Modelling Approaches under BIPRU 63.

Note 7

Only applicable to a firm that has a waiver under BIPRU 2.1 to solo consolidate subsidiaries.

Note 8

This will be applicable to firms (other than building societies)4 that are members of a UK consolidation group43 on a half-yearly reporting date. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group4.

Note 9

Only applicable to a firm whose ultimate parent is a mixed-activity holding company.

Note 10

Only applicable to a firm that is a partnership, when the report must be submitted by each partner.

Note 11

Members of a UK consolidation group should only submit this data item at the UK consolidation group level. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 12

Members of a UK integrated group should only submit this data item at the UK integrated group level. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 13

Only applicable to firms that have an IRB permission to use the IRB approach and BIPRU 46.

Note 14

Only applicable to firms that undertake securitisations.6

SUP 16.12.6 R

The applicable reporting frequencies for submission of data items and periods referred to in SUP 16.12.5 R are set out in the table below according to firm6 type. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

Unconsolidated UK banks and building societies

Solo consolidated UK banks and building societies

Report on a UK consolidation group basis by UK banks and building societies

Other members of RAG 1

Annual accounts

Annual

Annual

Annual accounts of the mixed-activity holding company

Annual

Solvency statement

Annual

CQ

Quarterly

CY

Annually (note 2)

FSA001

Quarterly

Half yearly

FSA002

Quarterly

Half yearly

Half yearly

FSA003

Quarterly or monthly (note 1)

Half yearly

FSA004

Quarterly

Half yearly

FSA005

Quarterly

Half yearly

FSA006

Quarterly

FSA007

Annually (note 3)3

FSA008

Quarterly

FSA010

Quarterly

Quarterly

FSA011

Quarterly

FSA012

Half yearly

FSA013

Quarterly

Quarterly (note 4)3

FSA014

Half yearly

6FSA015

Quarterly

Half yearly

FSA016

Half yearly

FSA017

Quarterly

Half yearly

FSA018

Quarterly

FSA020

Half yearly

FSA021

Half yearly

FSA022

Half yearly

FSA023

Half yearly

FSA024

Half yearly

FSA025

Half yearly

FSA026

Half yearly

FSA028

Half yearly

6FSA044

Quarterly

Half yearly

Quarterly9

6FSA045

Quarterly

Half yearly

6FSA046

Half yearly

Half yearly

Note 1

Monthly submission only applicable if the firm has been notified in writing that it is required to report (when, on an annual review, it has two consecutive quarterly submissions of FSA003 showing data element 93A being greater than ÂŁ50 million, or its currency equivalent, and also greater than 50% of data element 70A or, during 2007, it has two consecutive quarterly submissions of FSA009 showing data element 27A and data element 33A combined being greater than ÂŁ50 million, or its currency equivalent, and also greater than 50% of data element 36A.

Note 2

The annual report required from a credit union by SUP 16.12.5 R must be made up for the same period as the audited accounts published by the credit union in accordance with section 3A of the Friendly and Industrial and Provident Societies Act 1968 (see CRED 14 Annex 1 G). CRED 14.10.10 R (2)(a) states that the audited accounts referred to in SUP 16.12.5 R are to be made up for the period beginning with the date of the credit union's registration or with the date to which the credit union's last annual accounts were made up, and ending on the credit union's most recent financial year end.

3Note 3

The reporting date for this data item is six months after a firm's most recent accounting reference date.

3Note 4

The firms covered by the consolidation for FSA013 may differ from those companies in the UKconsolidation group.

SUP 16.12.7 R

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.6 R.

Data item

Monthly submission

Quarterly submission

Half yearly submission

Annual submission

Annual accounts

80 business days3 (note 1)

7 months (note 2)

Annual accounts of the mixed-activity holding company

7 months

Solvency statement

3 months

CQ

1 month

CY

7 months

FSA001

20 business days

45 business days

FSA002

20 business days

45 business days

FSA003

15 business days

20 business days

45 business days

FSA004

20 business days

45 business days

FSA005

20 business days

45 business days

FSA006

20 business days

FSA007

2 months

FSA008

20 business days (note 3)

45 business days (note 4)

FSA010

15 business days

FSA011

15 business days

FSA012

30 business days

FSA013

15 business days

FSA014

30 business days (note 3);

45 business days (note 4)

6FSA015

20 business days

45 business days

FSA016

30 business days

FSA017

20 business days

45 business days3

FSA018

45 business days

FSA020

30 business days

FSA021

30 business days

FSA022

30 business days

FSA023

30 business days

FSA024

30 business days

FSA025

30 business days

FSA026

30 business days

FSA028

30 business days

6FSA044

25 business days

25 business days

6FSA045

20 business days

45 business days

6FSA046

30 business days (note 3), 45 business days (note 4)

Note 1

Applicable to UK banks and electronic money institutions.

Note 2

Applicable to non-EEA banks.

Note 3

Applicable to unconsolidated and solo consolidated reports.

Note 4

Applicable to UK consolidation group reports.

Regulated Activity Group 2.1

SUP 16.12.8 R
  1. (1)

    2The financial reporting requirements for RAG 2.1 activities for insurers, excluding friendly societies, are set out in IPRU(INS).

  2. (2)

    The financial reporting requirements for RAG 2.1 activities for friendly societies are set out in IPRU(FSOC).

  3. (3)

    A UK insurance special purpose vehicle must submit a copy of its annual audited financial statements within 3 months of its accounting reference date, but the report is only required if it was audited as a result of a statutory provision other than under the Act.

Regulated Activity Group 2.2

Regulated Activity Group 3

SUP 16.12.10 R RP
  1. (1)

    2SUP 16.12.11 R to SUP 16.12.13 R do not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority;3

    4. (d)

      a service company.3

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

  3. (3)

    A service company must submit a copy of its annual audited financial statements within 6 months from its accounting reference date. However, the firm need only submit this if the report was audited as a result of a statutory provision other than the Act.3

SUP 16.12.11 R RP

The applicable data items referred to in SUP 16.12.4 R are set out according to firm type in the table below:

Description of data item

Firms prudential category and applicable data items (note 1)

BIPRU firms (note 17) 2

Firms other than BIPRU firms

730K

125K and UCITS investment firms

50K

IPRU(INV) 2 Chapter 3

IPRU(INV) 2 Chapter 5

IPRU(INV) 2 Chapter 9

IPRU(INV) 2 Chapter 13

UPRU

Annual accounts

No standard format

No standard format (note 19)2

No standard format2

No standard format (note 21)3

No standard format3

Annual accounts of the mixed-activity holding company (note 10)

No standard format

Solvency statement

No standard format (note 11)

No standard format (note 20)

No standard format (note 11)2

No standard format (note 11)5

Balance sheet

FSA001 (note 2)

FSA001 (note 2)

FSA001 (note 2)

FSA029 (note s 16 and 18)2

FSA029 (note 16)2

FSA0292

FSA029 (note 16)2 or Section A RMAR (note 21)3

FSA029 (note 16)2

Income statement

FSA002 (note 2)

FSA002 (note 2)

FSA002 (note 2)

FSA030 (notes 16 and 18)2

FSA030 (note 16)2

FSA0302

FSA030 (note 16)2 or Section B RMAR (note 21)3

FSA030 (note 16)2

Capital adequacy

FSA003 (note 2)

FSA003 (note 2)

FSA003 (note 2)

FSA033 (notes 16 and 18)2

FSA034 or FSA035 (note 14 and 16)2

FSA0312

FSA032 (note 15) or FSA037 (note 15 and 16)2 or Sections D1 and D2 RMAR (note 21)3

FSA036 (note 16)2

Credit risk

FSA004 (notes 2, 3)

FSA004 (notes 2, 3)

FSA004 (notes 2, 3)

Market risk

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

Market risk - supplementary

FSA006 (note 5)

FSA006 (note 5)

FSA006 (note 5)

Operational risk

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

Large exposures

FSA008 (note 2)

FSA008 (note 2)

FSA008 (note 2)

UK integrated group large exposures

FSA018 (note 12)

FSA018 (note 12)

FSA018 (note 12)

Solo consolidation data

FSA016

FSA016

FSA016

Pillar 2 questionnaire

FSA019 (note 8)

FSA019 (note 8)

FSA019 (note 8)

Non-EEA sub-group

FSA028 (note 9)

FSA028 (note 9)

FSA028 (note 9)

3Threshold conditions

Section F RMAR (note 21)

3

2Client money and client assets

FSA039

FSA039

FSA039

FSA039 (note 18)

FSA039

FSA039

Section C RMAR (note 21) or 3FSA039

FSA039

2CFTC

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

FSA0403

6IRB portfolio risk

FSA045 (note 22)

FSA045 (note 22)

FSA045 (note 22)

6Securitisation

FSA046 (note 23)

FSA046 (note 23)

FSA046 (note 23)

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25.

Note 2

Firms that are members of a UK consolidation groupsubject to the capital resources requirement at stages 2, 3 or 4 of BIPRU 8 Annex 5 are also required to submit this report on a UK consolidation group basis.

Note 3

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two quarterly submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two quarterly submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.In both cases, the threshold is exceeded ifdata element 77A in data item FSA003 (or similar) is greater than ÂŁ10 million, or its currency equivalent, at the reporting date.

Note 4

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two quarterly submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two quarterly submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.In both cases, the threshold is exceeded if data element 93A in data item FSA003 (or similar) is greater than ÂŁ50 million, or its currency equivalent, at the reporting date.

Note 5

Only applicable to firms with a CAD2 waiver under GENPRU 2.1.52 R.

Note 6

This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms unless they have a waiver under BIPRU 6.1.2 G.

Note 7

This is only applicable to a firm that has adopted, in whole or in part, either the Standardised Approach, Alternative Standardised Approach, or Advanced Modelling Approaches under BIPRU 63.

Note 8

Only applicable to BIPRU investment firms5 that are:

(a) subject to consolidated supervision under BIPRU 8, except those that are either included within the consolidated supervision of a group that includes a UK credit institution, or that have been granted an investment firm consolidation waiver;

(b) subject to consolidated supervision under BIPRU 8 that have been granted an investment firm consolidation waiver; and

(c) not subject to consolidated supervision under BIPRU 8.

A BIPRU investment firm5 under (a) shouldcomplete the report on the basis of its UK consolidation group. A BIPRU investment firm5 under (b) or (c) shouldcomplete the report on the basis of its solo position.

Note 9

This will be applicable to firms that are members of a UK consolidation group4 on the reporting date. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 10

Only applicable to a firm whose ultimate parent is a mixed activity holding company.

Note 11

Only applicable to a firm that is a sole trader or a partnership, when the report must be submitted by each partner.

Note 12

Members of a UK integrated group should only submit this data item at the UK integrated group level. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

2Note 13

This does not apply to a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

2Note 14

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.2.3(2)R.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.2.3(2)R.

2Note 15

FSA032 must be completed by a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

FSA037 must be completed by any other firm subject to IPRU(INV) Chapter 13 carrying out RAG 3 activities.

2Note 16

The annual data item to be submitted is additional to the fourth quarterly return to be submitted. The information to be submitted in the annual data item must (except for exempt CAD firms or firms subject to the small firms audit exemption) be audited before it is submitted.

2Note 17

An exempt BIPRU commodity firm will, by virtue of the definition of BIPRU TP 15, be exempt from completing FSA003 (and thus FSA004, FSA005, FSA006 and FSA007) for the duration of the transitional provision. It is however required to submit all other data items applicable according to the firm's BIPRU classification including, for the avoidance of doubt, BIPRU TP 16.

2Note 18

Except if the firm is an adviser, local or traded options market maker (as referred to in IPRU(INV) 3-60(4)R.

2Note 19

In the case of an adviser, local or traded options market maker (as referred to in IPRU(INV) 3-60(4)R), it is only required from partnerships and bodies corporate, and then only if the report was audited as a result of a statutory provision other than under the Act.

2Note 20

Only required in the case of an adviser, local or traded options market maker (as referred to in IPRU(INV) 3-60(4)R) that is a sole trader.

3Note 21

This is only applicable to a firm subject to IPRU(INV) Chapter 13 which is not an exempt CAD firm.

6Note 22

Only applicable to firms that have an IRB permission to use the IRB approach and BIPRU 4.

6Note 23

Only applicable to firms that undertakesecuritisations.

SUP 16.12.12 R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.4 R2 are set out in the table below according to firm type. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

Data item

BIPRU 730K firm

BIPRU 125K firm and UCITS investment firm

BIPRU 50K firm

Consolidated BIPRU investment firm

Firm other than BIPRU firms

Annual accounts

Annually

Annually

Annually

Annually28

Annual accounts of the mixed-activity holding company

Annually

Annually

Annually

Solvency statement

Annually

Annually

Annually

Annually

FSA001

Quarterly

Quarterly

Half yearly

Half yearly

FSA002

Quarterly

Quarterly

Half yearly

Half yearly

FSA003

Monthly

Quarterly

Half yearly

Half yearly

FSA004

Quarterly

Quarterly

Half yearly

Half yearly

FSA005

Quarterly

Quarterly

Half yearly

Quarterly

FSA006

Quarterly

Quarterly

Quarterly

Quarterly

FSA007

Annual

Annual

Annual

Annual

FSA008

Quarterly

Quarterly

Quarterly

Quarterly

FSA016

Half yearly

Half yearly

Half yearly

FSA018

Quarterly

Quarterly

Quarterly

FSA019

Annually

Annually

Annually

Annually

FSA028

Half yearly

Half yearly

Half yearly

2FSA029

Quarterly

8

2FSA030

Quarterly

8

2FSA031

Quarterly

2FSA032

Quarterly

2FSA033

Quarterly

8

2FSA034

Quarterly

8

2FSA035

Quarterly

8

2FSA036

Quarterly

2FSA037

Quarterly 3

8

2FSA039

Half yearly

Half yearly

Half yearly

Half yearly

2FSA040

Quarterly

Quarterly

Quarterly

Quarterly3

6FSA045

Quarterly

Quarterly

Half yearly

Half yearly

6FSA046

Half yearly

Half yearly

Half yearly

Half yearly

3Section A RMAR

Half yearly (note 2) Quarterly (note 3)5

3Section B RMAR

Half yearly (note 2) Quarterly (note 3)5

3Section C RMAR

Half yearly (note 2) Quarterly (note 3)5

3Section D1 and D2 RMAR

Half yearly (note 2) Quarterly (note 3)5

3Section F RMAR

Half yearly5

2Note 1

[deleted]8

8

3Note 2

Annual regulated business revenue up to and including ÂŁ5 million.5

3Note 3

Annual regulated business revenue over ÂŁ5 million.5

SUP 16.12.13 R RP

The applicable due dates for submission referred to in SUP 16.12.6 R2 are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.12 R.

Data item

Monthly submission

Quarterly submission

Half yearly submission

Annual submission

Annual accounts

80 business days8

Annual accounts of the mixed-activity holding company

7 months

Solvency statement

3 months

FSA001

20 business days

30 business days (note 1)

45 business days (note 2)

FSA002

20 business days

30 business days (note 1)

45 business days (note 2)

FSA003

15 business days

20 business days

30 business days (note 1)

45 business days (note 2)

FSA004

20 business days

30 business days (note 1)

45 business days (note 2)

FSA005

20 business days

30 business days (note 1)

45 business days (note 2)

FSA006

20 business days

FSA007

2 months

FSA008

20 business days (note 1);

45 business days (note 2)

FSA016

30 business days

FSA018

45 business days

FSA019

2 months

FSA028

30 business days

2FSA029

20 business days

80 business days

2FSA030

20 business days

80 business days

2FSA031

20 business days

2FSA032

20 business days

2FSA033

20 business days

80 business days

2FSA034

20 business days

80 business days

2FSA035

20 business days

80 business days

2FSA036

20 business days

80 business days

2FSA037

20 business days

80 business days3

2FSA039

30 business days

2FSA040

15 business days3

6FSA045

20 business days

30 business days (note 1), 45 business days (note 2)

6FSA046

30 business days (note 1), 45 business days (note 2)

3Section A RMAR

30 business days

30 business days

3Section B RMAR

30 business days

30 business days

3Section C RMAR

30 business days

30 business days

3Section D1 and D2 RMAR

30 business days

30 business days

3Section F RMAR

30 business days

Note 1

For unconsolidated and solo-consolidated reports.

Note 2

For UK consolidation group reports.

Regulated Activity Group 4

SUP 16.12.14 R RP
  1. (1)

    2SUP 16.12.15 R to SUP 16.12.17 R do not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.15 R RP

The applicable data items referred to in SUP 16.12.4 R according to type of firm are set out in the table below:

Description of data item

Firms prudential category and applicable data items (note 1)

BIPRU

Firms other than BIPRU firms

730K

125K and UCITS investment firms

50K

IPRU(INV) 2 Chapter 3

IPRU(INV) 2 Chapter 5

IPRU(INV) 2 Chapter 9

IPRU(INV) 2 Chapter 13

UPRU

2Annual accounts

No standard format8

Annual accountsof the mixed-activity holding company (note 10)

5

No standard format5

Solvency statement (note 11

5

No standard format2

No standard format5

No standard format5

Balance sheet

FSA001 (note 2)

FSA001 (note 2)

FSA001 (note 2)

FSA029 (note 16)2

FSA029 (note 16)2

FSA0292

FSA029 (note 16)2 or Section A RMAR (note 17)5

FSA029 (note 16)2

Income statement

FSA002 (note 2)

FSA002 (note 2)

FSA002 (note 2)

FSA030 (note 16)2

FSA030 (note 16)2

FSA0302

FSA030 (note 16)2 or Section B RMAR (note 17)5

FSA030 (note 16)2

Capital adequacy

FSA003 (note 2)

FSA003 (note 2)

FSA003 (note 2)

FSA033 (note 16)2

FSA034 or FSA035 (note 14 and 16)2

FSA0312

FSA032 (note 14) or 25Section D1 and D2 RMAR (note 17)5

FSA036 (note 16)2

Credit risk

FSA004 (notes 2, 3)

FSA004 (notes 2, 3)

FSA004 (notes 2, 3)

Market risk

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

Market risk - supplementary

FSA006 (note 5)

FSA006 (note 5)

FSA006 (note 5)

Operational risk

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

Large exposures

FSA008 (note 2)

FSA008 (note 2)

FSA008 (note 2)

UK integrated group large exposures

FSA018 (note 12)

FSA018 (note 12)

FSA018 (note 12)

Solo consolidation data

FSA016

FSA016

FSA016

Pillar 2 questionnaire

FSA019 (note 8)

FSA019 (note 8)

FSA019 (note 8)

Non-EEA sub-group

FSA028 (note 9)

FSA028 (note 9)

FSA028 (note 9)

5Threshold conditions

Section F RMAR (note 17)

2Volumes and type of business

FSA038

FSA038

FSA038

FSA038

FSA038

FSA038

FSA038

FSA038

2Client money and client assets

FSA039

FSA039

FSA039

FSA039

FSA039

FSA039

Section C RMAR (note 17) or 5FSA039

FSA039

2CFTC

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

2Asset managers that use hedge fund techniques

FSA041

FSA041

FSA041

FSA041

FSA041

FSA041

FSA041

FSA041

2UCITS

FSA042

FSA042

FSA042

FSA042

FSA042

FSA042

FSA042

FSA042

6IRB portfolio risk

FSA045 (note 18)

FSA045 (note 18)

FSA045 (note 18)

6Securitisation

FSA046 (note 19)

FSA046 (note 19)

FSA046 (note 19)

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24 R. Guidance notes for completion of the data items are contained in SUP 16 Annex 25 G.

Note 2

Firms that are members of a UK consolidation groupsubject to the capital resources requirement at stages 2, 3 or 4 of BIPRU 8 Annex 5 are also required to submit this report on a UK consolidation group basis.

Note 3

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two quarterly submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two quarterly submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.In both cases, the threshold is exceeded if data element 77A in data item FSA003 (or similar) is greater than ÂŁ10 million, or its currency equivalent at the reporting date.

Note 4

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.In both cases, the threshold is exceeded ifdata element 93A in data item FSA003 (or similar) is greater than ÂŁ50 million, or its currency equivalent at the reporting date.

Note 5

Only applicable to firms with a CAD2 waiver under GENPRU 2.1.52 R.

Note 6

This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms unless they have a waiver under BIPRU 6.1.2 G.

Note 7

This is only applicable to a firm that has adopted, in whole or in part, either the Standardised Approach, Alternative Standardised Approach, or Advanced Modelling Approachesunder BIPRU 63.

Note 8

Only applicable to BIPRU investment firms5 that are:

(a) subject to consolidated supervision under BIPRU 8, except those that are either included within the consolidated supervision of a group that includes a UK credit institution, or that have been granted an investment firm consolidation waiver;

and

(b) subject to consolidated supervision under BIPRU 8 that have been granted an investment firm consolidation waiver; and

(c) not subject to consolidated supervision under BIPRU 8.

A BIPRU investment firm5 under (a) should complete the report on the basis of its UK consolidation group. A BIPRU investment firm5 under (b) or (c) should complete the report on the basis of its solo position.

Note 9

This will be applicable to firms that are members of a UK consolidation group4 on the reporting date. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 10

Only applicable to a firm whose ultimate parent is a mixed-activity holding company.

Note 11

Only applicable to a firm that is a sole trader or a partnership, when the report must be submitted by each partner.

Note 12

Members of a UK integrated group should only submit this data item at the UK integrated group level. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

2Note 13

This does not apply to a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

2Note 14

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.2.3(2)R.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.2.3(2)R.

2Note 15

FSA032 must be completed by a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

5

2Note 16

[deleted]8

8

5Note 17

This is only applicable to a firm subject to IPRU(INV) Chapter 13 which is not an exempt CAD firm.

6Note 18

Only applicable to firms that have an IRB permission to use the IRB approach and BIPRU 4.

6Note 19

Only applicable to firms that undertakesecuritisations.

SUP 16.12.16 R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.15 R2 are set out in the table below according to firm type. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

Data item

Firm's prudential category

BIPRU 730K firm

BIPRU 125K firm and UCITS investment firm

BIPRU 50K firm

Consolidated BIPRU investment firm

Firm other than BIPRU firms

Annual accounts

Annually

Annually

Annually

Annually28

Annual accounts of the mixed-activity holding company

Annually

Annually

Annually

Solvency statement

Annually

Annually

Annually

Annually2

FSA001

Quarterly

Quarterly

Half yearly

Half yearly

FSA002

Quarterly

Quarterly

Half yearly

Half yearly

FSA003

Monthly

Quarterly

Half yearly

Half yearly

FSA004

Quarterly

Quarterly

Half yearly

Half yearly

FSA005

Quarterly

Quarterly

Half yearly

Quarterly

FSA006

Quarterly

Quarterly

Quarterly

Quarterly

FSA007

Annual

Annual

Annual

Annual

FSA008

Quarterly

Quarterly

Quarterly

Quarterly

FSA016

Half yearly

Half yearly

Half yearly

FSA018

Quarterly

Quarterly

Quarterly

FSA019

Annually

Annually

Annually

Annually

FSA028

Half yearly

Half yearly

Half yearly

2FSA029

Quarterly

8

2FSA030

Quarterly

8

2FSA031

Quarterly3

2FSA032

Quarterly3

2FSA033

Quarterly

8

2FSA034

Quarterly

8

2FSA035

Quarterly

8

2FSA036

Quarterly 5

8

2FSA038

Half yearly

Half yearly

Half yearly

Half yearly

2FSA039

Half yearly

Half yearly

Half yearly

Half yearly

2FSA040

Quarterly

Quarterly

Quarterly

Quarterly

2FSA041

Annually

Annually

Annually

Annually

2FSA042

Quarterly

Quarterly

Quarterly

Quarterly

6FSA045

Quarterly

Quarterly

Half yearly

Half yearly

6FSA046

Half yearly

Half yearly

Half yearly

Half yearly

5Section A RMAR

Half yearly (note 2) Quarterly (note 3)

5Section B RMAR

Half yearly (note 2) Quarterly (note 3)

5Section C RMAR

Half yearly (note 2) Quarterly (note 3)

5Section D1 and D2 RMAR

Half yearly (note 2) Quarterly (note 3)

5Section F RMAR

Half yearly

2Note 1

[deleted]8

8

5Note 2

Annual regulated business revenue up to and including ÂŁ5 million.

5Note 3

Annual regulated business revenue over ÂŁ5 million.

SUP 16.12.17 R RP

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.16 R.

Data item

Monthly submission

Quarterly submission

Half yearly submission

Annual submission

Annual accounts

80 business days238

Annual accounts of the mixed-activity holding company

7 months

Solvency statement

3 months

FSA001

20 business days

30 business days (note 27);

45 business days (note 37)

7 7

FSA002

20 business days

30 business days (note 27);

45 business days (note 37)

7 7

FSA003

15 business days

20 business days

30 business days (note 27);

45 business days (note 37)

7 7

FSA004

20 business days

30 business days (note 27);

45 business days (note 37)

7 7

FSA005

20 business days

30 business days (note 27);

45 business days (note 37)

7 7

FSA006

20 business days

FSA007

2 months

FSA008

20 business days (note 27);

45 business days (note 37)

7 7

FSA016

30 business days

FSA018

45 business days

FSA019

2 months

FSA028

30 business days

2FSA029

20 business days

80 business days

2FSA030

20 business days

80 business days

2FSA031

20 business days

2FSA032

20 business days

2FSA033

20 business days

80 business days

2FSA034

20 business days

80 business days

2FSA035

20 business days

80 business days

2FSA036

20 business days

80 business days5

2FSA038

30 business days

2FSA039

30 business days

2FSA040

15 business days

2FSA041

30 business days

FSA042

20 business days3

6FSA045

20 business days

30 business days (note 2); 45 business days (note 3)

6FSA046

30 business days (note 2); 45 business days (note 3)

5Section A RMAR

30 business days

30 business days

5Section B RMAR

30 business days

30 business days

5Section C RMAR

30 business days

30 business days

5Section D1 and D2 RMAR

30 business days

30 business days

5Section F RMAR

30 business days

1 5 6Note 1

[deleted]

1 5 6Note 2

For unconsolidated and solo-consolidated reports.

1 5 6Note 3

For UK consolidation group reports.

Regulated Activity Group 5

SUP 16.12.18 R
  1. (1)

    2SUP 16.12.18A R does not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.18A R

2The applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date3, unless indicated otherwise. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.

Description of data item

Data item (note 1)

Frequency

Submission deadline

Annual accounts

No standard format

Annually

80 business days3

Balance Sheet

Sections A.1 and A.2 MLAR

Quarterly

20 business days

Income Statement

Sections B.0 and B.1 MLAR

Quarterly

20 business days

Capital Adequacy

Section C MLAR

Quarterly

20 business days

Lending - Business flow and rates

Section D MLAR

Quarterly

20 business days

Residential Lending to individuals - New business profile

Section E MLAR

Quarterly

20 business days

Lending - Arrears analysis

Section F MLAR

Quarterly

20 business days

Mortgage administration - Business profile

Section G MLAR

Quarterly

20 business days

Mortgage Administration - Arrears analysis

Section H MLAR

Quarterly

20 business days

Analysis of loans to customers

Section A3 MLAR

Quarterly

20 business days

Provisions analysis

Section B2 MLAR

Quarterly

20 business days

Fees and levies

Section J MLAR

Annually

30 business days

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 19A. Guidance notes for the completion of the data items is set out in SUP 16 Annex 19B.

Regulated Activity Group 6

SUP 16.12.19 R RP
  1. (1)

    2SUP 16.12.19A R to SUP 16.12.21 R do not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.19A R RP

2The applicable data items8referred to in SUP 16.12.4 R are set out according to type of firm8 in the table below:

8 8

Description of data item

Firm's prudential category and applicable data item (note 1)

IPRU(INV) Chapter 3

IPRU(INV) Chapter 5

IPRU(INV) Chapter 9

IPRU(INV) Chapter 13

UPRU

Annual accounts

No standard format8

Solvency statement (note 6)5

No standard format5

No standard format5

Balance sheet

FSA029 (note 3)

FSA029 (note 3)

FSA029

FSA029 (note 3) or Section A RMAR (note 7)

FSA029 (note 3)

Income statement

FSA030 (note 3)

FSA030 (note 3)

FSA030

FSA030 (note 3) or Section B RMAR (note 7)

FSA030 (note 3)

Capital adequacy

FSA033 (note 3)

FSA034 or FSA035 (note 3 and 4)

FSA031

FSA032 (note 5) or5 Section D1 and D2 RMAR (note 7)5

FSA036 (note 3)

5Threshold conditions

Section F RMAR

Client money and client assets

FSA039

FSA039

FSA039

Section C RMAR (note 7) or 5FSA039

FSA039

CFTC

FSA040

FSA040

FSA040

FSA040

FSA0403

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25.

Note 2

This does not apply to a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

Note 3

The annual data item to be submitted is additional to the fourth quarterly return to be submitted. The information to be submitted in the annual data item must (except for exempt CAD firm or firms subject to the small firms audit exemption) be audited before it is submitted.

Note 4

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.2.3(2)R.

FSA035 must be completed by a firm subject to the exemption in

IPRU(INV) 5.2.3(2)R.

Note 5

FSA032 must be completed by a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

5

Note 6

Only applicable to a firm that is a partnership, when the report must be submitted by each partner.

5Note 7

This is only applicable to a firm subject to IPRU(INV) Chapter 13 which is not an exempt CAD firm.

SUP 16.12.20 R RP

2The applicable reporting frequencies for submission of data items referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

Annual accounts

Annually

Annual reconciliation

Annually

Solvency statement

Annually

FSA029

Quarterly

8

FSA030

Quarterly

8

FSA031

Quarterly

FSA032

Quarterly

FSA033

Quarterly

8

FSA034

Quarterly

8

FSA035

Quarterly

8

FSA036

Quarterly5

8

FSA039

Half yearly

FSA040

Quarterly3

5Section A RMAR

Half yearly (note 2)

Quarterly (note 3)

5Section B RMAR

Half yearly (note 2)

Quarterly (note 3)

5Section C RMAR

Half yearly (note 2)

Quarterly (note 3)

5Section D1 and D2 RMAR

Half yearly (note 2)

Quarterly (note 3)

5Section F RMAR

Half yearly

Note 1

[deleted]8

8

5Note 2

Annual regulated business revenue up to and including ÂŁ5 million.

5Note 3

5Annual regulated business revenue over ÂŁ5 million.

SUP 16.12.21 R RP

2The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.20 R.

Data item

Quarterly submission

Half yearly submission

Annual submission

Annual accounts

80 business days8

Solvency statement

3 months

FSA029

20 business days

80 business days

FSA030

20 business days

80 business days

FSA031

20 business days

FSA032

20 business days

FSA033

20 business days

80 business days

FSA034

20 business days

80 business days

FSA035

20 business days

80 business days

FSA036

20 business days

80 business days 5

FSA039

30 business days

FSA040

15 business days 3

5Section A RMAR

30 business days

30 business days

5Section B RMAR

30 business days

30 business days

5Section C RMAR

30 business days

30 business days

5Section D1 and D2 RMAR

30 business days

30 business days

5Section F RMAR

30 business days

Regulated Activity Group 7

SUP 16.12.22 R RP
  1. (1)

    2SUP 16.12.22A R to SUP 16.12.24 R do not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.22A R RP

2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:

Description of Data item

Firm prudential category and applicable data item (note 1)

BIPRU 730K firm

BIPRU 125K firm and UCITS investment firm

BIPRU 50K firm

IPRU(INV) 2 Chapter 13 firms carrying out European-wide activities under MiFID

IPRU(INV) 2 Chapter 13 firms not carrying out European-wide activities under MiFID

Annual accounts

No standard format

Annual accounts of the mixed-activity holding company (note 10)

No standard format

Solvency statement

No standard format (note 11)

Balance Sheet

FSA001 (note 2)

FSA001 (note 2)

FSA001 (note 2)

Section A RMAR2

Section A RMAR2

Income Statement

FSA002 (note 2)

FSA002 (note 2)

FSA002 (note 2)

Section B RMAR2

Section B RMAR2

Capital Adequacy

FSA003 (note 2)

FSA003 (note 2)

FSA003 (note 2)

FSA0312

Section CAPITAL ADEQUACYD1 and D2 RMAR2

Credit risk

FSA004 (notes 2, 3)

FSA004 (notes 2, 3)

FSA004 (notes 2, 3)

Market risk

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

Market risk - supplementary

FSA006 (note 5)

FSA006 (note 5)

FSA006 (note 5)

Operational risk

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

Large exposures

FSA008 (note 2)

FSA008 (note 2)

FSA008 (note 2)

UK integrated group large exposures

FSA018 (note 12)

FSA018 (note 12)

FSA018 (note 12)

Solo consolidation data

FSA016

FSA016

FSA016

Pillar 2 questionnaire

FSA019 (note 8)

FSA019 (note 8)

FSA019 (note 8)

Non-EEA sub-group

FSA028 (note 9)

FSA028 (note 9)

FSA028 (note 9)

Professional indemnity insurance

Section E RMAR

Section E RMAR

Section E RMAR

Section E RMAR2

Section E RMAR2

Threshold Conditions

Section F RMAR

Section F RMAR

Section F RMAR

Section F RMAR2

Section F RMAR2

Training and Competence

Section G RMAR

Section G RMAR

Section G RMAR

Section G RMAR2

Section G RMAR2

COB data

Section H RMAR

Section H RMAR

Section H RMAR

Section H RMAR2

Section H RMAR2

Supplementary product sales data

Section I RMAR

Section I RMAR

Section I RMAR

Section I RMAR2

Section I RMAR2

Client money and client assets

Section C RMAR2

Section C RMAR2

Fees and levies

Section J RMAR

Section J RMAR

Section J RMAR

Section J RMAR2

Section J RMAR2

6IRB portfolio risk

FSA045 (note 13)

FSA045 (note 13)

FSA045 (note 13)

6Securitisation

FSA046 (note 14)

FSA046 (note 14)

FSA046 (note 14)

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24 R, or SUP 16 Annex 18A in the case of the RMAR2. Guidance notes for completion of the data items are contained in SUP 16 Annex 25 G, or SUP 16 Annex 18B in the case of the RMAR2.

Note 2

Firms that are members of a UK consolidation group subject to the capital resources requirement at stages 2, 3 or 4 of BIPRU 8 Annex 5 are also required to submit this report on a UK consolidation group basis.

Note 3

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.

In both cases, the threshold is exceeded if data element 77A in data item FSA003 (or similar) is greater than ÂŁ10 million, or its currency equivalent at the reporting date.

Note 4

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.

In both cases, the threshold is exceeded if data element 93A in data item FSA003 (or similar) is greater than ÂŁ50 million, or its currency equivalent at the reporting date.

Note 5

Only applicable to firms with a CAD2 waiver under GENPRU 2.1.52 R.

Note 6

This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms unless they have a waiver under BIPRU 6.1.2 G.

Note 7

This is only applicable to a firm that has adopted, in whole or in part, either the Standardised Approach, Alternative Standardised Approach, or Advanced Modelling Approaches under BIPRU 63.

Note 8

Only applicable to BIPRU investment firms5 that are:

(a) subject to consolidated supervision under BIPRU 8, except those that are either included within the consolidated supervision of a group that includes a UK credit institution, or that have been granted an investment firm consolidation waiver;

(b) subject to consolidated supervision under BIPRU 8 that have been granted an investment firm consolidation waiver; and

(c) not subject to consolidated supervision under BIPRU 8.

A BIPRU investment firm5 under (a) should complete the report on the basis of its UK consolidation group. A BIPRU investment firm5 under (b) or (c) should complete the report on the basis of its solo position.

Note 9

This will be applicable to firms that are members of a UK consolidation group4 on the reporting date. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 10

Only applicable to a firm whose ultimate parent is a mixed-activity holding company.

Note 11

Only applicable to a firm that is a sole trader or a partnership, when the report must be submitted by each partner.

Note 12

Members of a UK integrated group should only submit this data item at the UK integrated group level. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

6Note 13

Only applicable to firms that have an IRB permission to use the IRB approach and BIPRU 4.

6Note 14

Only applicable to firms that undertake securitisations.

SUP 16.12.23 R

The applicable reporting frequencies for data items referred to in SUP 16.12.22A R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

Data item

Frequency

Unconsolidated BIPRU investment firm

Solo consolidated BIPRU investment firm

Consolidated BIPRU investment firm

Annual regulated business revenue up to and including ÂŁ5 million

Annual regulated business revenue over ÂŁ5 million

Annual accounts

No standard format

Annual accounts of the mixed-activity holding company

No standard format

Solvency statement

No standard format

FSA001

Quarterly or half yearly (note 1)

Quarterly or half yearly (note 1)

Half yearly

FSA002

Quarterly or half yearly (note 1)

Quarterly or half yearly (note 1)

Half yearly

FSA003

Monthly, quarterly or half yearly (note 2)

Monthly, quarterly or half yearly (note 2)

Half yearly

FSA004

Quarterly or half yearly (note 1)

Quarterly or half yearly (note 1)

Half yearly

FSA005

Quarterly or half yearly (note 1)

Quarterly or half yearly (note 1)

Half yearly

FSA006

Quarterly

Quarterly

Quarterly

FSA007

Annually

Annually

Annually

FSA008

Quarterly

Quarterly

Quarterly

FSA016

Half yearly

FSA018

Quarterly

Quarterly

Quarterly

FSA019

Annually

Annually

Annually

FSA028

Half yearly

Half yearly

2FSA031

Quarterly

Quarterly

6FSA045

Quarterly or half yearly (note 1)

Quarterly or half yearly (note 1)

Half yearly

6FSA046

Half yearly

Half yearly

Half yearly

2Section A RMAR

Half yearly

Quarterly

2Section B RMAR

Half yearly

Quarterly

2Section C RMAR

Half yearly

Quarterly

2Section D1 and D2 RMAR

Half yearly

Quarterly

Section E RMAR

Half yearly

Half yearly

Half yearly

Half yearly2

Quarterly2

Section F RMAR

Half yearly

Half yearly

Half yearly

Half yearly2

Half yearly2

Section G RMAR

Half yearly

Half yearly

Half yearly

Half yearly2

Half yearly2

Section H RMAR

Half yearly

Half yearly

Half yearly

Half yearly2

Half yearly2

Section I RMAR

Half yearly

Half yearly

Half yearly

Half yearly2

Half yearly2

Section J RMAR

Annually

Annually

Annually

Annually2

Annually2

Note 1:

BIPRU 730K firms and BIPRU 125K firms - quarterly;

BIPRU 50K firms - half yearly.

Note 2

BIPRU 730K firms - monthly;

BIPRU 125K firms - quarterly;

BIPRU 50K firms - half yearly.

SUP 16.12.24 R

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.23 R.

Data item

Monthly submission

Quarterly submission

Half yearly submission

Annual submission

Annual accounts

80 business days3

Annual accounts of the mixed-activity holding company

7 months

Solvency statement

3 months

FSA001

20 business days

30 business days (note 1);

45 business days (note 2)

FSA002

20 business days

30 business days (note 1);

45 business days (note 2)

FSA003

15 business days

20 business days

30 business days (note 1);

45 business days (note 2)

FSA004

20 business days

30 business days (note 1);

45 business days (note 2)

FSA005

20 business days

30 business days (note 1);

45 business days (note 2)

FSA006

20 business days

FSA007

2 months

FSA008

20 business days (note 1);

45 business days (note 2)

FSA016

30 business days

FSA018

45 business days

FSA019

2 months

FSA028

30 business days

2FSA031

20 business days

6FSA045

20 business days

30 business days (note 1), 45 business days (note 2)

6FSA046

30 business days (note 1), 45 business days (note 2)

2Section A RMAR

30 business days

30 business days

2Section B RMAR

30 business days

30 business days

2Section C RMAR

30 business days

30 business days

2Section D1 and D2 RMAR

30 business days

30 business days

Section E RMAR

30 business days2

30 business days

Section F RMAR

30 business days

Section G RMAR

30 business days

Section H RMAR

30 business days

Section I RMAR

30 business days

Section J RMAR

30 business days

Note 1

For unconsolidated and solo consolidated reports

Note 2

For UK consolidation group reports

Regulated Activity Group 8

SUP 16.12.25 R RP
  1. (1)

    2SUP 16.12.25A R does not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority;

    4. (d)

      a service company.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

  3. (3)

    A service company must submit a copy of its annual audited financial statements (only if the report was audited as a result of a statutory provision other than under the Act) within 6 months from its accounting reference date.

SUP 16.12.25A R RP

2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:

Description of data item

Firms prudential category and applicable data item (note 1)

BIPRU

Firms other than BIPRU firms

730K

125K

50K

IPRU(INV) Chapter 3

IPRU(INV) Chapter 5

IPRU(INV) Chapter 9

IPRU(INV) Chapter 13 3

UPRU

Annual accounts

No standard format8

Annual accounts of the mixed-activity holding company (note 10)

No standard format

Solvency statement (note 11)

No standard format

No standard format5

Balance sheet

FSA001 (note 2)

FSA001 (note 2)

FSA001 (note 2)

FSA029 (note 16)

FSA029 (note 16)

FSA029

FSA029 (note 16) or Section A RMAR (note 17)5

FSA029 (note 16)

Income statement

FSA002 (note 2)

FSA002 (note 2)

FSA002 (note 2)

FSA030 (note 16)

FSA030 (note 16)

FSA030

FSA030 (note 16) orSection B RMAR (note 17)5

FSA030 (note 16)

Capital adequacy

FSA003 (note 2)

FSA003 (note 2)

FSA003 (note 2)

FSA033 (note 16)

FSA034 or FSA035 (note 14 and 16)

FSA033

FSA032 (note 15 or 5Section D1 and D2 RMAR (note 17)5

FSA036 (note 16)

Credit risk

FSA004 (note 2, 3)

FSA004 (note 2, 3)

FSA004 (note 2, 3)

Market risk

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

FSA005 (notes 2, 4)

Market risk - supplementary

FSA006 (note 5)

FSA006 (note 5)

FSA006 (note 5)

Operational risk

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

FSA007 (notes 2, 6, 7)

Large exposures

FSA008 (note 2)

FSA008 (note 2)

FSA008 (note 2)

UK Integrated group large exposures

FSA018 (note 12)

FSA018 (note 12)

FSA018 (note 12)

Solo consolidation data

FSA016

FSA016

FSA016

Pillar 2 questionnaire

FSA019 (note 8)

FSA019 (note 8)

FSA019 (note 8)

Non-EEA sub-group

FSA028 (note 9)

FSA028 (note 9)

FSA028 (note 9)3

5Threshold conditions

Section F RMAR (note 17)

Client money and client assets

FSA039

FSA039

FSA039

FSA039

FSA039

FSA039

FSA039

FSA039 or Section C RMAR (note 17)

CFTC

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

FSA040

FSA0403

6IRB portfolio risk

FSA045 (note 18)

FSA045 (note 18)

FSA045 (note 18)

6Securitisation

FSA046 (note 19)

FSA046 (note 19)

FSA046 (note 19)

Note 1:

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24 R. Guidance notes for completion of the data items are contained in SUP 16 Annex 25 G.

Note 2

Firms that are members of a UK consolidation groupsubject to the capital resources requirement at stages 2, 3 or 4 of BIPRU 8 Annex 5 are also required to submit this report on a UK consolidation group basis.

Note 3

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.

In both cases, the threshold is exceeded if data element 77A in data item FSA003 (or similar) is greater than ÂŁ10 million, or its currency equivalent at the reporting date.

Note 4

This is only applicable to a firm where, at the annual review of this requirement, following its accounting reference date,

(a) for a firm that was reporting this data item or similar in the previous year, one or both of the last two submissions in the previous year show that the threshold was exceeded; or

(b) for a firm that was not reporting this data item or similar in the previous year, both of the last two submissions in the previous year show that the threshold was exceeded;

and in either case the FSA has notified the firm that it is required to submit the data item in accordance with the above.

In both cases, the threshold is exceeded if data element 93A in data item FSA003 (or similar) is greater than ÂŁ50 million, or its currency equivalent at the reporting date.

Note 5

Only applicable to firms with a CAD2 waiver under GENPRU 2.1.52 R.

Note 6

This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms unless they have a waiver under BIPRU 6.1.2 G.

Note 7

This is only applicable to a firm that has adopted, in whole or in part, either the Standardised Approach, Alternative Standardised Approach, or Advanced Modelling Approachesunder BIPRU 6.3

Note 8

Only applicable to BIPRU investment firms5that are:

(a) subject to consolidated supervision under BIPRU 8, except those that are either included within the consolidated supervision of a group that includes a UK credit institution, or that have been granted an investment firm consolidation waiver;

(b) subject to consolidated supervision under BIPRU 8 that have been granted an investment firm consolidation waiver; and

(c) not subject to consolidated supervision under BIPRU 8.

A BIPRU investment firm5under (a) should complete the report on the basis of its UK consolidation group. A BIPRU investment firm5 under (b) or (c) should complete the report on the basis of its solo position.

Note 9

This will be applicable to firms that are members of a UK consolidation group4 on the reporting date. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 10

Only applicable to a firm whose ultimate parent is a mixed-activity holding company.

Note 11

Only applicable to a firm that is a sole trader or a partnership, when the report must be submitted by each partner.

Note 12

Members of a UK integrated group should only submit this data item at the UK integrated group level. Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.

Note 13

This does not apply to firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

Note 14

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.2.3(2)R.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.2.3(2) R.

Note 15

FSA032 must be completed by a firm subject to IPRU(INV) Chapter 13 which is an exempt CAD firm.

5

Note 16

The annual data item to be submitted is additional to the fourth quarterly return to be submitted. The information to be submitted in the annual data item must (except for exempt CAD firms or firms subject to the small firms audit exemption) be audited before it is submitted.

5Note 17

This is only applicable to a firm subject to IPRU(INV) Chapter 13 that is not an exempt CAD firm.

6Note 18

Only applicable to firms that have an IRB permission to use the IRB approach and BIPRU 4.

6Note 19

Only applicable to firms that undertakesecuritisations.

SUP 16.12.26 R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.25A R are set out according to the type of firm2 in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

BIPRU 730K firm

BIPRU 125K firm

BIPRU 50K firm

Consolidated BIPRU investment firm

Firms other than BIPRU firms

Annual accounts

Annually

Annually

Annually

Annually 28

Annual accountsof the mixed-activity holding company

Annually

Annually

Annually

Annually

Solvency statement

Annually

Annually

Annually

Annually2

FSA001

Quarterly

Quarterly

Half yearly

Half yearly

FSA002

Quarterly

Quarterly

Half yearly

Half yearly

FSA003

Monthly

Quarterly

Half yearly

Half yearly

FSA004

Quarterly

Quarterly

Half yearly

Half yearly

FSA005

Quarterly

Quarterly

Half yearly

Quarterly

FSA006

Quarterly

Quarterly

Quarterly

FSA007

Annually

Annually

Annually

Annually

FSA008

Quarterly

Quarterly

Quarterly

Quarterly

FSA016

Half yearly

Half yearly

Half yearly

FSA018

Quarterly

Quarterly

Quarterly

FSA019

Annually

Annually

Annually

Annually

FSA028

Half yearly

Half yearly

Half yearly

2FSA029

Quarterly

8

2FSA030

Quarterly

8

2FSA031

Quarterly

2FSA032

Quarterly

2FSA033

Quarterly

8

2FSA034

Quarterly

8

2FSA035

Quarterly

8

2FSA036

Quarterly5

8

2FSA039

Half yearly

Half yearly

Half yearly

Half yearly

Half yearly

2FSA040

Quarterly

Quarterly

Quarterly

Quarterly

Quarterly3

6FSA045

Quarterly

Quarterly

Half yearly

Half yearly

6FSA046

Half yearly

Half yearly

Half yearly

Half yearly

5Section A RMAR

Half yearly (note 2) Quarterly (note 3)

5Section B RMAR

Half yearly (note 2) Quarterly (note 3)

5Section C RMAR

Half yearly (note 2) Quarterly (note 3)

5Section D1 and D2 RMAR

Half yearly (note 2) Quarterly (note 3)

5Section F RMAR

Half yearly

2Note 1

[deleted]8

8

5Note 2

Annual regulated business revenue up to and including ÂŁ5 million.

5Note 3

Annual regulated business revenue over ÂŁ5 million.

SUP 16.12.27 R RP

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.26 R.

Data item

Monthly submission

Quarterly submission

Half yearly submission

Annual submission

Annual accounts

80 business days8

Annual accounts of the mixed-activity holding company

As soon as available after the year end

Solvency statement

3 months

FSA001

20 business days

30 business days (note 1);

45 business days (note 2)

FSA002

20 business days

30 business days (note 1);

45 business days (note 2)

FSA003

15 business days

20 business days

30 business days (note 1);

45 business days (note 2)

FSA004

20 business days

30 business days (note 1);

45 business days (note 2)

FSA005

20 business days

30 business days (note 1);

45 business days (note 2)

FSA006

20 business days

30 business days (note 1);

45 business days (note 2)

FSA007

2 months

FSA008

20 business days (note 1);

45 business days (note 2)

FSA016

30 business days

FSA018

45 business days

FSA019

2 months

FSA028

30 business days

2FSA029

20 business days

80 business days

2FSA030

20 business days

80 business days

2FSA031

20 business days

2FSA032

20 business days

2FSA033

20 business days

80 business days

2FSA034

20 business days

80 business days

2FSA035

20 business days

80 business days

2FSA036

20 business days

80 business days5

2FSA039

30 business days

2FSA040

15 business days3

6FSA045

20 business days

30 business days (note 1); 45 business days (note 2)

6FSA046

30 business days (note 1); 45 business days (note 2)

5Section A RMAR

30 business days

30 business days

5Section B RMAR

30 business days

30 business days

5Section C RMAR

30 business days

30 business days

5Section D1 and D2 RMAR

30 business days

30 business days

5Section F RMAR

30 business days

Note 1

For unconsolidated and solo consolidated reports.

Note 2

For UK consolidation group reports

Regulated Activity Group 9

SUP 16.12.28 R RP
  1. (1)

    2SUP 16.12.28A R does not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.28A R RP

2The applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.

Description of data item

Data item (note 1)

Frequency

Submission deadline

Annual regulated business revenue up to and including ÂŁ5 million

Annual regulated business revenue over ÂŁ5 million

Balance Sheet

Section A RMAR

Half yearly

Quarterly

30 business days

Income Statement

Section B RMAR

Half yearly

Quarterly

30 business days

Capital Adequacy

Section D1 RMAR

Half yearly

Quarterly

30 business days

Professional indemnity insurance

Section E RMAR

Half yearly

Half yearly

30 business days

Threshold Conditions

Section F RMAR

Half yearly

Half yearly

30 business days

Training and Competence

Section G RMAR

Half yearly

Half yearly

30 business days

COB data

Section H RMAR

Half yearly

Half yearly

30 business days

Supplementary product sales data

Section I RMAR

Annually

Annually

30 business days

Client money and client assets

Section C RMAR

Half yearly

Quarterly

30 business days

Fees and levies

Section J RMAR

Annually

Annually

30 business days

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 18A. Guidance notes for the completion of the data items is set out in SUP 16 Annex 18B.

Regulated Activity Group 10

SUP 16.12.29 G RP

2 Recognised bodies (RIEs and RCHs) have separate reporting requirements agreed between the recognised body and the FSA.

Authorised professional firms

SUP 16.12.30 R RP
  1. (1)

    2An authorised professional firm, other than one that must comply with IPRU(INV) 3, 5, 10 or 13 in accordance with IPRU(INV) 2.1.4R,3 must submit an annual questionnaire, contained in SUP 16 Annex 9R, unless:

    1. (a)

      its only regulated activities are one or more of:

      1. (i)

        insurance mediation;

      2. (ii)

        mortgage mediation;

      3. (iii)

        retail investment;

      4. (iv)

        mortgage lending;

      5. (v)

        mortgage administration; or

    2. (b)

      its "main business" as determined by IPRU(INV) 2.1.2R(3) is advising on, or arrangingdeals in, packaged products, or managing investments for private customers;

    in which case the authorised professional firm must complete the appropriate report specified in SUP 16.12.31 R.3

  2. (2)

    The due date for submission of the annual questionnaire is four months after the firm'saccounting reference date.

  3. (3)

    An authorised professional firm must also, where applicable, submit the other3 report to the FSA in accordance with SUP 16.12.31 R in respect of the other regulated activities it undertakes under (1)(a)3.

    3
SUP 16.12.30A R RP

3An authorised professional firm that must comply with IPRU(INV) 3, 5, 10 or 13 in accordance with IPRU(INV) 2.1.4R must submit the relevant reports in SUP 16.12.4 R to SUP 16.12.29 G, according to the regulated activity groups that its business falls into.

SUP 16.12.31 R RP

2Table of data items from an authorised professional firm

Report

Return (note 1)

Frequency

Due date

Adequate information relating to the following activities:

RMAR (Note 3)

Half yearly (quarterly for sections A to E for larger firms, subject to Note 3 exemptions) (note 2)

For half yearly report: 30 business days after period end For quarterly report: 30 business days after quarter end

(1) insurance mediation activity;

(2) mortgage mediation activity;

(3) retail investment activity;

(4) advising on, or arranging deals in, packaged products, or managing investments for private customers where these activities are the authorised professional firm's "main business" as determined by IPRU(INV) 2.1.2 R (3)

Adequate information relating to mortgage lending and mortgage administration.

MLAR

Quarterly

20 business days after quarter end

Note 1

When giving the report required, a firm must use the return indicated. The RMAR and MLAR are located at SUP 16 Annex 18A and SUP 16 Annex 19A respectively. Guidance on the completion of the data items are located at SUP 16 Annex 18B and SUP 16 Annex 19B respectively.

Note 2

For the purposes of RMAR reporting, a larger firm is a firm whose annual regulated business revenue in its previous financial year was greater than ÂŁ5m. Annual regulated business revenue for these purposes is a firm's total revenue relating to insurance mediation activity, mortgage mediation activity and retail investment activity.

Note 3

A firm which submits an MLAR is not required to submit sections A and B of the RMAR.

Note 4

Reporting dates are calculated from a firm'saccounting reference date.

Financial conglomerates

SUP 16.12.32 R RP
  1. (1)

    A firm that is a member of a financial conglomerate must submit financial reports to the FSA in accordance with the table in SUP 16.12.33 R if:

    1. (a)

      it is at the head of an FSA regulated EEA financial conglomerate; or

    2. (b)

      its Part IV permission contains a relevant requirement.

  2. (2)

    In (1)(b), a relevant requirement is one which:

    1. (a)

      applies SUP 16.12.33 R to the firm; or

    2. (b)

      applies SUP 16.12.33 R to the firm unless the mixed financial holding company of the financial conglomerate to which the firm belongs submits the report required under this rule (as if the rule applied to it).

SUP 16.12.33 R RP

Financial reports from a member of a financial conglomerate (see SUP 16.12.32 R)

Content of Report

Form (Note 1)

Frequency

Due Date

Calculation of supplementary capital adequacy requirements in accordance with one of the four technical calculation methods

Note 2

Note 5

Note 5

Identification of significant risk concentration levels

Note 3

Yearly

4 months after year end

Identification of significant intra-group transactions

Note 4

Yearly

4 months after year end

Report on compliance with PRU 8.4.35 RGENPRU 3.1.35 R where it applies

Note 6

Note 5

Note 5

Note 1

When giving the report required, a firm must use the form indicated, if any.

Note 2

If Part 1 of GENPRU 3 Annex 1GENPRU 3 Annex 1 (method 1), Part 2 of GENPRU 3 Annex 1 (method 2), or Part 3 of GENPRU 3 Annex 1 (method 3) applies, there is no specific form. Adequate information must be provided, and each financial conglomerate for which the FSA is the co-ordinator must discuss with the FSA how to do this.

(1) a banking / investment conglomerate must use FSA003; and

(2) an insurance conglomerate must use:

(a) (where SUP 16.12.32R (1)(a) applies), Forms 1, 2 and 3 in Appendix 9.1 of IPRU(INS) prepared in accordance with IPRU (INS) 9.35(1); or

(b) (in any other case),the Insurance Group Capital Adequacy Reporting Form (Form 95) in Appendix 9.9 of IPRU(INS)

For the purposes of (b), rules 9.40(1), 9.40(1A), 9.40(3) and 9.40(4) of IPRU(INS) apply as they would if the insurance conglomerate were an insurance group.

Note 3

Rather than specifying a standard format for each financial conglomerate to use, each financial conglomerate for which the FSA is the co-ordinator must discuss with the FSA the form of the information to be reported. This should mean that usual information management systems of the financial conglomerate can be used to the extent possible to generate and analyse the information required.

When reviewing the risk concentration levels, the FSA will in particular monitor the possible risk of contagion in the financial conglomerate, the risk of a conflict of interests, the risk of circumvention of sectoral rules, and the level or volume of risks.

Note 4

For the purposes of this reporting requirement, an intra-group transaction will be presumed to be significant if its amount exceeds 5% of the total amount of capital adequacy requirements at the level of the financial conglomerate.

Rather than specifying a standard format for each financial conglomerate to use, each financial conglomerate for which the FSA is the co-ordinator will need to discuss with the FSA the form of the information to be reported. This should mean that usual information management systems of the financial conglomerate can be used to the extent possible to generate and analyse the information required.

When reviewing the intra-group transactions, the FSA will in particular monitor the possible risk of contagion in the financial conglomerate, the risk of a conflict of interests, the risk of circumvention of sectoral rules, and the level or volume of risks.

Note 5

The frequency and due date will be as follows:

(1)banking / investment conglomerate: frequency is half-yearly with due date 45 business days after period end

(2) insurance conglomerate: frequency is yearly with due date four months after period end for the capital adequacy return and three months after period end for the report on compliance with GENPRU 3.1.35 R where it applies.

Note 6

Adequate information must be added as a separate item to the relevant form for sectoral reporting.

SUP 16 Annex 1 [deleted]7

R

5 4 3 2 1

SUP 16 Annex 3 [deleted]6

R

4 3 2 1

SUP 16 Annex 4 [deleted]11

G

5 4 3 2 1 6 7 8 9

SUP 16 Annex 5 [deleted]67

R

1 2 3 4 5 8 9

SUP 16 Annex 6R Persistency report

R

This annex consists only of one or more forms. Forms are to be found through the following address:321

Persistency Report - Forms/sup/sup_chapter16_annex6r.pdf4

SUP 16 Annex 9R Annual questionnaire for authorised professional firms

R

This annex consists only of one or more forms. Forms are to be found through the following address:321

Annual Questionnaire for Authorised Professional Firms - Forms/sup/sup_chapter16_annex9r.pdf4567

SUP 16 Annex 10 Securities and Futures firms' reporting forms and requirements applying to their completion

R

This annex consists only of one or more forms. Forms are to be found through the following address:4321

Securities and Futures Firms' Reporting Forms and Requirements Applying to their Completion - Forms/sup/sup_chapter16_annex10r.pdf567

SUP 16 Annex 11 Guidance Notes on Completion of Securities and Futures Firms Reporting Forms

G

This annex consists only of one or more forms. Forms are to be found through the following address:321

Guidance notes on completion of securities and futures firms' reporting forms - Forms/sup/sup_chapter16_annex11g.pdf45678

SUP 16 Annex 12 Reports from trustees of AUTs and depositaries of ICVCs

G

This annex consists only of one or more forms. Forms are to be found through the following address:321

Reports from trustees of AUTs and depositaries - Forms/sup/sup_chapter16_annex12g.pdf

SUP 16 Annex 13 Return cover sheet

R

This annex consists only of one or more forms. Forms are to be found through the following address:321

Return Cover Sheet - Forms/sup/sup_chapter16_annex13r.pdf

SUP 16 Annex 15 Notes on completing the quarterly and annual returns for Credit Unions

G

This annex consists only of one or more forms.

Notes on completing the Quarterly Return (CQ) for credit unions - Forms/sup/sup_chapter16_annex15g.pdf12345678

SUP 16 Annex 16 [deleted]9

4 5 6 7

3 1 2

SUP 16 Annex 16A 2 1Standing data (See SUP 16.10.4 R)

SUP 16 Annex 16A.1 R

A: Communications with a firm

1. Name of the firm

2. Trading name(s) of the firm

3.

4. Registered office

5. Principal place of business

6. Website address

7. Telephone number

8. The name and email address of the principal compliance contact

B: Information about a firm on the FSA Register

9. Regulated activities for which a firm has permission

10. Whether the firm holds client money

11.

C: Other information about a firm

12.

13.

14. Name and address of firm's auditor

15. Legal status

16. Accounting reference date

SUP 16 Annex 17 [deleted]43216

SUP 16 Annex 18 [deleted]

R

SUP 16 Annex 18A Retail Mediation Activities Return ('RMAR')

R

This annex consists only of one or more forms. Forms are to be found through the following address:

Retail Mediation Activities Return ('RMAR') - SUP Chapter 16 Annex 18A R1234567810911

SUP 16 Annex 18B Notes for Completion of the Retail Mediation Activities Return ('RMAR')

G

This annex consists only of one or more forms. Forms are to be found through the following address:

Notes for Completion of the Retail Mediation Activities Return ('RMAR') - Forms/sup/sup_chapter16_annex18bg.pdf21346597810111213141517161819

SUP 16 Annex 19A Mortgage Lending and Administration Return ('MLAR')

R

This annex consists only of one or more forms. Forms are to be found through the following address:

Mortgage Lending and Administration Return ('MLAR') - Sup Chapter16 Annex19A R21

SUP 16 Annex 19B Notes for Completion of the Mortgage Lending and Administration Return ('MLAR')

G

This annex consists only of one or more forms. Forms are to be found through the following address:

Notes for Completion of the Mortgage Lending and Administration Return ('MLAR') - Sup Chapter 16 Annex 19B G213456789

SUP 16 Annex 20 Products covered by the reporting requirement in SUP 16.11

G

This annex consists only of one or more forms. Forms are to be found through the following address:

Products covered by the reporting requirement in SUP 16.11 - Sup Chapter 16 Annex 20 G123456

SUP 16 Annex 21 Reporting Fields

R

This annex consists only of one or more forms. Forms are to be found through the following address:

Reporting Fields - Sup Chapter 16 Annex 21 R12345

SUP 16 Annex 22 [deleted]4

R

1 2

SUP 16 Annex 23 [deleted]4

G

1 2

SUP 16 Annex 24 Data items for SUP 16.7 and SUP 16.12

R

This annex consists only of one or more forms. Forms are to be found through the following address:

Data items for SUP 16.7 and SUP 16.12 - Sup Chapter 16 Annex 24 R1234455667

SUP 16 Annex 25 Guidance notes for data items in SUP 16 Annex 24G

G

This annex consists only of one or more forms. Forms are to be found through the following address:

Guidance notes for data items in SUP 16 Annex 24G - Sup Chapter 16 Annex 25g1234456789