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SUP 16.1 Application

SUP 16.1.1 R 01/01/2022

This chapter applies to every firm within60 a category listed in column (2) of the table in SUP 16.1.3 R and in accordance with column (3) of that table.

34 49

SUP 16.1.1A D 13/01/2018

22The directions and guidance in SUP 16.13 apply to a payment service provider as set out in that section44.

SUP 16.1.1AA G 13/01/2018

44 Credit institutions and electronic money institutions should note that some of the directions in SUP 16.13 apply to them as well as to payment institutions and registered account information service providers.

SUP 16.1.1B D 30/04/2011

27The directions and guidance in SUP 16.15 apply to electronic money issuers that are not credit institutions.

SUP 16.1.1C G 22/07/2013

31The directions and guidance in SUP 16.18 apply for the following types of AIFM:

(1)
a small registered UK AIFM;
(2)
an above-threshold non-EEA AIFM marketing in the UK; and
(3)
a small non-EEA AIFM marketing in the UK.

SUP 16.1.1D D 21/03/2016

35 SUP 16.21 applies to a CBTL firm.

SUP 16.1.1E D 18/09/2016

39The rules, directions and guidance in SUP 16.22 apply to a payment service provider located in the UK other than:

(1)
a credit union;
(2)
National Savings and Investments; and
(3)
the Bank of England.

SUP 16.1.1F R 09/09/2019

50The rules and guidance in SUP 16.26 (Reporting of information about Directory persons) apply to an SMCR firm.

SUP 16.1.2 G 01/07/2021

(1)
Subject to (2) and (3)55, the50 only category of firm to which no section of this chapter applies is an ICVC.55
50 51 54
(2)
SUP 16.26 (Reporting of information about Directory persons) applies to a firm which is an SMCR firm (see SUP 16.1.1FR).50
(3)
55SUP 16.27 (General insurance value measures reporting) applies to the type of firms listed in SUP 16.1.3R.

SUP 16.1.2A G 01/07/2021

55In SUP 16.1 a reference to Gibraltar-based firm in relation to SUP 16.27 (General insurance value measures reporting) has the same meaning as in the Gibraltar Order.

SUP 16.1.3 R 01/01/2024

Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, 60SUP 16.22 and56 SUP 16.2656)50 53 42 66 39 3927

8 8 8 9 9 9 9

(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)	[deleted]51
		51	51 20
		51	51 49
		51 3	51 14 14 39
		51 39	51
	(c)	[deleted]51
SUP 16.4 and SUP 16.5 2	All categories of firm except:				Entire sections
	(-a)	a credit union;2
	(a)	an ICVC;
	(b)	[deleted] 51
	(c)	[deleted] 51
	(d)	a non-directive friendly society;
	(e) 4	[deleted] 4
	(f)	a sole trader;
	(g)	a service company;
	(h)	[deleted] 51 8 8
	(i) 8	a firm with permission to carry on only retail investment activities;8
	(ia)38	a firm with permission only to advise on P2P agreements (unless that activity is carried on exclusively with or for professional clients);38
	(j) 8	a firm with permission to carry on only insurance distribution activity 52 , home finance mediation activity,16 or both;8 16
	(ja) 30	an FCA-authorised person with permission to carry on only credit-related regulated activity;
	48 (jb)	a firm with permission to carry on only regulated claims management activities;
	58 (jc)	a firm with permission to carry on only funeral plan distribution;
	(k) 8	a firm falling within a combination of (i), (ia), (j), (ja), (jb) and (jc)58. 30 48 38 30
	46 (l)	a firm with permission to carry on only the regulated activity of administering a benchmark;
SUP 16.6	Bank 27				SUP 16.6.4 R to SUP 16.6.5 R
	41				41
					36
	41				41 26 28
	41 28				41 28
	Depositary of an authorised fund 41				SUP 16.6.6R to SUP 16.6.11R41
33 SUP 16.7A	A firm subject to the requirement in SUP 16.7A.3 R or SUP 16.7A.5 R				Sections as relevant
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 scheme 14 14				Entire section 3
5	5				5
SUP 16.10 9	All categories of firm except: 9				Entire section 9
	(a) 9	an ICVC ; 9 and 51
	(b) 9	[deleted]51 21 42
	(c) 9	[deleted]42 21 9
	21 (d)	a dormant asset fund operator 61.
32 SUP 16.11	(1)	A firm, other than a managing agent, which is:
		(a)	a home finance provider; or		Entire section
		(b)	an insurer; or		Entire section
		(c)	the operator of a regulated collective investment scheme or an investment trust savings scheme; or		Entire section
		(d)	a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product; or		Entire section
		(e)	a firm with permission to enter into a regulated credit agreement as lender in respect of high-cost short-term credit or home credit loan agreements; or
	(2)	a firm in whom the rights and obligations of the lender under a regulated mortgage contract are vested.			The provisions governing performance data reports in SUP 16.11 and SUP 16 Annex 21
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 R23
23 24 25 SUP 16.14	A CASS large firm and a CASS medium firm				Entire section29
29 SUP 16.18	A full-scope UK AIFM and a small authorised UK AIFM				SUP 16.8.3 R
[deleted]60 34	59 43
40 SUP 16.23	A firm subject to the Money Laundering Regulations and within the scope of SUP 16.23.1R				Entire Section
47 SUP 16.23A	A firm undertaking the regulated activities in SUP 16.23A.1R51				Entire section
43 SUP 16.24	A firm with permission to effect or carry out contracts of insurance in relation to life and annuity contracts of insurance 45 to the extent that the firm and its business falls within the scope of SUP 16.24.1R.				Entire Section
48 SUP 16.25	A firm with permission to carry on regulated claims management activities.				Entire section
53 SUP 16.27	A firm which, in respect of general insurance contracts, is:				Entire section
	(a)	an insurer;
	(b)	55a 55(i) TP firm which has temporary permission; or 55 (ii) a Gibraltar-based firm, treated as having permission, to effect contract of insurance 55 including those providing services from an establishment outside the UK with a customer in the UK 55;
	(c)	a managing agent; or
	(d)	an insurance intermediary,
	to the extent that the firm and its business falls within the scope of SUP 16.27.7R.
57 SUP 16.28	A firm which, in respect of general insurance contracts, is:				Entire section
	(1)			an insurer;
	(2)			a managing agent;
	(3)			an insurance intermediary;
	(4)			a TP firm; or
	(5)			a Gibraltar-based firm that is not a TP firm.
	to the extent that the firm and its business falls within the scope of SUP 16.28.8R.
62 SUP 16.29	A MIFIDPRU investment firm other than in the circumstances specified in SUP 16.29.1R.				Entire section
62 SUP 16.30	A person who is:63				Entire section63
	(1)			a firm except as specified in SUP 16.30.1R;63
	(2)			an authorised electronic money institution;63
	(3)			an authorised payment institution;63
	(4)			a registered account information service provider;63
	(5)			a small electronic money institution;63
	(6)			a small payment institution;63
	(7)			a UK RIE.63
SUP 16.31	A firm with approver permission.				Entire section
Note 127[deleted]26 26
27Note 2 50The application of SUP 16.13 is set out under SUP 16.13.1 G;66 the application of SUP 16.15 is set out under SUP 16.15.1 G; the application of SUP 16.16 is set out SUP 16.16.1 R and SUP 16.16.2 R the application of SUP 16.17 is set out in SUP 16.17.3 R and SUP 16.17.4 R66; and the application of SUP 16.26 is set out in SUP 16.26.1R50. 43 66
29Note 3 50The application of SUP 16.18 for the types of AIFMs specified in SUP 16.1.1C G is set out in SUP 16.18.2 G. 43

SUP 16.1.4 G 01/01/2021

(1)
This chapter contains requirements to report to the FCA 37 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.
66 66
(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 FCA 37 by building societies under those parts of the Building Societies Act 1986 which have not been repealed.
66 66
(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; 17and51
4. (d)
  [deleted]51
  17 17
5. (e)
  the regulated activities the firm undertakes.17

SUP 16.1.5 G 01/11/2007

[deleted]19

SUP 16.1.6 G 01/11/2007

[deleted]19

SUP 16.1.7 G 07/03/2016

66Where a PRA-authorised person is required to notify or provide any information to (a) the FCA 37 by a PRA Handbook provision and (b) the FCA by the equivalent provision in the FCA Handbook, the PRA-authorised person is expected to comply with both provisions.

SUP 16.2 Purpose

SUP 16.2.1 G 01/01/2022

(1)
In order to discharge its functions under the Act, the FCA 1 needs timely and accurate information about firms. The provision of this information on a regular basis enables the FCA 1 to build up over time a picture of firms' circumstances and behaviour.
7 7 7
(2)
Principle 11 requires a firm to deal with its regulators in an open and cooperative way, and to disclose to the FCA 1 appropriately anything relating to the firm of which the FCA 1 would reasonably expect notice. The reporting requirements are part of the FCA 1 approach to amplifying Principle 11 by setting out in more detail the information that the FCA 1 requires. They supplement the provisions of SUP 2 (Information gathering by the FCA or PRA2 on its own initiative) and SUP 15 (Notifications to the FCA1). The reports required under these rules help the FCA 1 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.
7 7 7 7 7 7 7 7 7 7 7 7
(3)
The FCA has supervisory functions under the Payment Services Regulations and the Electronic Money Regulations. In order to discharge these functions, the FCA requires the provision of information on a regular basis. SUP 16.13 sets out the information that the FCA requires from payment service providers to assist it in the discharge of its functions as well as directions and guidance on the periodic reports that are required under the Payment Services Regulations. SUP 16.15 sets out the information that the FCA requires from electronic money issuers to assist it in discharging its functions and responsibilities under the Electronic Money Regulations.3
(4)
6The purpose of SUP 16.28 is to provide the FCA with relevant data that it can use to help to:
1. (a)
  assess firms’ compliance with the home insurance and motor insurance pricing rules in ICOBS 6B;
2. (b)
  identify potential harm affecting consumers; and
3. (c)
  monitor the effects of the pricing rules in ICOBS 6B on the market for home insurance, motor insurance and related additional products.

SUP 16.2.1A G 13/04/2018

[deleted]4

SUP 16.3 General provisions on reporting

Application

SUP 16.3.1 G 01/07/2021

The effect of SUP 16.1.1 R is that this section applies to every firm except an ICVC 42.

SUP 16.3.1A G 01/07/2021

42The effect of SUP 16.1.1R is that this section applies to a TP firm and Gibraltar-based firm of a type listed in SUP 16.1.3R, as a firm to which SUP 16.27 applies.

Structure of the chapter

SUP 16.3.2 G 01/01/2024

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

5 3 5 14

(1)
annual controllers reports (SUP 16.4);
(2)
annual close links reports (SUP 16.5);
(3)
compliance reports (SUP 16.6);
(4)
[deleted]24
24
(4A)
annual report and accounts (SUP 16.7A);26
(5)
persistency reports (SUP 16.8);
5 3
(6)
45[deleted];
(7)
verification38 of firm details 34 (SUP 16.10);5 8
14
(8)
product sales data reporting (SUP 16.11);
5 14 19
(9)
integrated regulatory reporting (SUP 16.12);
20
(10)
reporting under the Payment Services Regulations (SUP 16.13)49;20
19
(11)
client money and asset return (SUP 16.14);20 21
25
(12)
reporting under the Electronic Money Regulations (SUP 16.15)49; and38
23
(13)
49prudent valuation reporting (SUP 16.16);
(14)
49remuneration reporting (SUP 16.17);
25 25 27
(15)
AIFMD reporting (SUP 16.18); 30
27 27
(16)
38reporting under the MCD Order for CBTL firms (SUP 16.21).
(17)
reporting under the Payment Accounts Regulations (SUP 16.22);36 32
30 31
(18)
annual financial crime reporting (SUP 16.23);37
36 32 31
(18A)
employers’ liability register compliance reporting (SUP 16.23A);
36
(19)
retirement income data reporting (SUP 16.24); 39
37 32
(20)
claims management reporting (SUP 16.25); 41
37 39
(21)
Directory persons information reporting (SUP 16.26);
39 41
(22)
value measures data reporting (SUP 16.27)41; 46
43
(23)
home insurance and motor insurance pricing reporting (SUP 16.28);46
43
(24)
46MIFIDPRU remuneration reporting (SUP 16.29); 47
(25)
46the Baseline Financial Resilience Report (SUP 16.30); and47
(26)
46 financial promotion approval reporting (SUP 16.31).

SUP 16.3.3 G 08/12/2022

The annual controllers, annual close links and persistency 45 reports sections are the same for all categories of firm to which they apply.3

SUP 16.3.4 G 13/04/2018

The compliance section is set38 out by category of firm, with detailed requirements set out in tables giving:

14 14 14

(1)
a brief description of each report;
(2)
the frequency with which the report is required; and
(3)
the due date for submission of the report.

SUP 16.3.5 G 21/06/2001

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 18/04/2002

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)
a contrary intention appears; or
(2)
the report is required under the listing rules. 2

SUP 16.3.7 R 13/04/2018

A report or data item 13 must:

(1)
give the firm reference number (or all the firm reference numbers in those cases where a report is submitted on behalf of a number of firms, as38 set out in SUP 16.3.25 G)13; and
49 49
(2)
if submitted in paper form, be submitted with the cover sheet contained in SUP 16 Annex 13 R49 49 fully completed13.2 1

SUP 16.3.8 R 07/03/2016

A written report must be delivered to the FCA 28 by one of the methods listed in SUP 16.3.9 R.

22 49 49

SUP 16.3.9 R 20/10/2017

Method of submission of reports (see SUP 16.3.8 R)

22 8

Method of delivery
1.	Post or hand deliver33 to the published address of the FCA 49 for submission of reports. If hand delivering mark the report for the attention of ‘Central Reporting’ and obtain a dated receipt.33 49
2.	[deleted]33 22 49 49
3.	Electronic mail to the published e-mail address 33of the FCA's 49 Central Reporting team.22 22 49
4.22	Online submission via the appropriate systems accessible from the22 FCA 28 website 49 49 8 22

SUP 16.3.10 G 01/07/2018

(1)
The 33published address of the FCA 49 for postal submission of reports is:
49
Central Reporting22
The Financial Conduct49 Authority
49
PO BOX 35747
London E14 5WP
(2)
The 33published address of the FCA 49 for hand delivery of reports is:
49
1. (a)
  Central Reporting22
  The Financial Conduct Authority38
  49 49
  12 Endeavour Square35
  London, E20 1JN35
  if the firm's usual supervisory contact at the FCA 28 is based in London, or:
  49 49
2. (b)
  Central Reporting33
  The Financial Conduct Authority38
  49 49
  Quayside House
  127 Fountainbridge
  Edinburgh EH3 8DJ
  if the firm's usual supervisory contact at the FCA 49 is based in Edinburgh.2
  49
(3)
The current published email address 33for the FCA’s Central Reporting team is regulatory.reports@fca.org.uk. Please note that the 33Central Reporting team does not handle general correspondence between firms and the FCA, and will not respond to queries33 38. Accordingly, firms should not make submissions to the Central Reporting team’s email address33 other than as directed in SUP 16.3.8R.
22 33 49 49 49 33 28 33 49 49 33

Complete reporting

SUP 16.3.11 R 07/03/2016

A firm must submit reports required under this chapter to the FCA 28 containing all the information required.

49 49

SUP 16.3.12 G 07/03/2016

SUP 15.6 refers to and contains requirements regarding the steps that firms must take to ensure that information provided to the FCA 28 is accurate and complete. Those requirements apply to reports required to be submitted under this chapter.

49 49

Timely reporting

SUP 16.3.13 R 13/04/2018

(1)
A firm must submit a report required by this chapter in the frequency, and so as to be received by the FCA 28 no later than the due date, specified for that report.
49 49
(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 FCA 28 no later than the first business day after the due date.
49 49
(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)
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 or38
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 30/06/2016

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, this chapter or the provisions of relevant legislation and any prescribed submission procedures, the firm must pay an administrative fee of £250.29

SUP 16.3.14A G 07/03/2016

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. 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 FCA 28 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 FCA 28 that, in the exceptional circumstances of a particular case, the payment of any fee would be inequitable, the FCA 28 may reduce or remit all or part of the fee in question which would otherwise be payable (see 10FEES 2.3).10

16 49 49 49 49 49 49 49

SUP 16.3.15 G 07/03/2016

The FCA 28 may from time to time send reminders to firms when reports are overdue. Firms should not, however, assume that the FCA 28 has received a report merely because they have not received a reminder.1

49 49 49

SUP 16.3.16 G 13/04/2018

The firm is responsible for ensuring delivery of the required report38 by the due date. If a report is received by the FCA 28 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:

49 49 49

(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)
recorded postal delivery receipts showing delivery on the required day; or
(3)
records of a courier service provider showing delivery on the required day.

Change of accounting reference date

SUP 16.3.17 R 13/04/2018

(1)
A firm must notify the FCA 28 if it changes its accounting reference date.
49 49
(2)
When a firm extends its accounting period, it must make the notification in (1) before the previous accounting reference date.
(3)
When a firm shortens its accounting period, it must make the notification in (1) before the new accounting reference date.4
(4)
SUP 16.10.4A R to SUP 16.10.4C G (Requirement to check the accuracy of standing data and to report changes to the FCA38) apply to any notification made under (1).18
49 34 28 49 49

SUP 16.3.18 G 13/04/2018

SUP 16.2.1 G emphasises the importance to the FCA 28 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 FCA.38 This is because many due dates for reporting to the FCA 28 are linked to firms'accounting reference dates. Indeed, for some categories of firm, the only reports required by the FCA 28 have due dates for submission which are linked to the firm's accounting reference date. If38 the extension of a firm's accounting period appears likely to impair the effectiveness of the FCA 28 supervisory work, the FCA 28 may take action to ensure that it continues to receive the information it requires on a timely basis.38

49 49 28 49 49 49 49 49 49 49 49 49 49

SUP 16.3.19 G 13/04/2018

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 FCA,38 as described in SUP 15.7.8 G.

28 49 49

SUP 16.3.19A R 13/04/2018

[deleted]38

SUP 16.3.19B R 13/04/2018

[deleted]38

SUP 16.3.20 R 01/04/2013

(1)
[deleted]49
49
(2)
[deleted]49
49

SUP 16.3.21 G 01/04/2013

[deleted]49

Service of Notices Regulations

SUP 16.3.22 G 13/04/2018

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 FCA.38 They do not apply to reports required under SUP 1638, because of the specific rules in this section.

28 49 49

Confidentiality and sharing of information

SUP 16.3.23 G 01/07/2021

When the FCA 28 receives a report which contains confidential information and whose submission is required under this chapter, it is obliged under Part 23 of the Act 38 (Public Record, Disclosure of Information and Co-operation) to treat that information as confidential (see41SUP 2.2.4G).41

49 49 49 49 38 49

SUP 16.3.24 G 01/07/2021

SUP 2.3.12AG states that the FCA 38 may pass to other regulators information which it has in its possession. Such information includes information contained in reports submitted under this chapter. The FCA’s disclosure of information to other regulators is subject to SUP 2.2.4G38 (Confidentiality of information). Also, some value measures data in SUP 16.27 is used by the FCA to create published guidance. This public disclosure is to assist the FCA to discharge its public functions.41

49 28 49 28 49 49 49

Reports from groups

SUP 16.3.25 G 01/01/2008

If this chapter requires the submission of a report or data item 13 covering a group, a single report or data item 13 may be submitted, and so satisfy the requirements of all firms in the group. Such a report or data item 13 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 item 13 is submitted. Nevertheless, the requirement to provide a report or data item 13, and the responsibility for the report or data item 13, 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

SUP 16.3.26 G 01/01/2022

Examples of reports covering a group are:

(1)
the compliance reports required from banks under SUP 16.6.4 R;
(2)
annual controllers reports required under SUP 16.4.5 R49 49;
(3)
annual close links reports required under SUP 16.5.4 R;44
(4)
consolidated financial reports required from banks under SUP 16.12.5 R24 24;
(5)
consolidated reporting statements required from securities and futures firms under 24SUP 16.12.11 R24.44
17

SUP 16.4 Annual controllers report

Application

SUP 16.4.1 G 01/12/2004

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. 6 3 2

SUP 16.4.2 G 28/03/2009

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

(1)
if it has 10 members or less;
(2)
if it has a delegate voting system and has 10 delegates or less; or
(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.

SUP 16.4.2A G 28/03/2009

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

SUP 16.4.3 G 21/06/2001

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

Purpose

SUP 16.4.4 G 13/04/2018

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:

(1)
to ensure that, in addition to such notifications, the FCA 12 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 effective supervision threshold conditions 15;
15 15 8
(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 and14 the Solvency II Directive; and
7 11 11
(3)
to support the regulatory15 functions under Part 12 of14 the Act (Notices of acquisitions of control over UK authorised persons) (see SUP 11 (Controllers and close links)).
15 15 15 8 8 8

Reporting requirement

SUP 16.4.5 R 07/03/2016

(1)
[deleted]10
15 15 10
(2)
[deleted]10
15 10
(3)
[deleted]10
10
(4)
[deleted]10
10
(4A)
[deleted]10
5 15 15 10
(4B)
[deleted]10
5 15 15 15 15 10
(5)
[deleted]8 10
8
(6)
10A firm must submit annually by electronic means to the FCA 12 the Controllers Report which contains the information specified in the form in SUP 16 Annex 37A, within four months of the firm's accounting reference date 9.

SUP 16.4.6 G 13/04/2018

[deleted]14

SUP 16.4.7 G 01/04/2013

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 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 13/04/2018

[deleted]14

SUP 16.4.9 G 21/06/2001

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: mutuals and building societies

SUP 16.4.10 R 01/09/2018

If a firm is a mutual 13 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 28/03/2009

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 13/04/2018

An insurer 14 need not submit a report under SUP 16.4.5R to the extent that the information has already been provided to the PRA under requirements in the PRA Rulebook 14.

4 12 15 15

SUP 16.5 Annual Close Links Reports

Application

SUP 16.5.1 G 29/06/2018

This section applies to every firm listed in SUP 11.1.1 R (1) to SUP 11.1.1 R(8)8,5 except those firms excluded from its operation by SUP 16.1.1 R and SUP 16.1.3 R or which have elected to report on a monthly basis in accordance with SUP 11.9.5 R.5 4 3 2

Purpose

SUP 16.5.2 G 01/01/2021

A firm is required to notify the appropriate regulator of changes to its close links (see SUP 11.9). The effective supervision threshold conditions provide that, if a firm has close links with another person, the matters which are relevant in determining whether a firm satisfies the condition of being capable of being effective supervised include:11

(1)
the nature of the relationship between the firm and that person;11
11
(2)
whether those links or that relationship are likely to prevent the appropriate regulator's effective supervision of the firm; and11
11
(3)
11if the person is subject to the laws, regulations or administrative provisions of a territory which is not the United Kingdom 10, whether those foreign provisions, or any deficiency in their enforcement, would prevent the appropriate regulator's effective supervision of the firm.

SUP 16.5.3 G 01/04/2013

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

(1)
to ensure that, in addition to such notifications, the appropriate regulator 11 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 effective supervision threshold conditions 11 and to the protection of consumers; and
11 11
(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 31/12/2013

(1) 11 11 11 11 5 5 7
[deleted]7
(2)
[deleted]7
11 11 11 11 7
(3)
[deleted]7
(4)
[deleted]7
(5) 5 7
[deleted]7
(6)
7A firm must submit a report to the appropriate regulator annually by completing the Close Links Annual Report in SUP 16 Annex 36A which must be sent electronically to the appropriate regulator within four months of the firm's accounting reference date 6.

SUP 16.5.4A R 31/12/2013

7If a group includes more than one firm, a single close links notification may be made by completing the Annual Close Links Report and so satisfy the notification requirement for all firms in the group. Nevertheless, the requirement to notify, and the responsibility for notifying, remains with each firm in the group.

SUP 16.5.5 G 01/06/2010

[deleted]5

SUP 16.5.6 G 01/04/2013

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 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 13/04/2018

[deleted]9

SUP 16.5.8 R 21/06/2001

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 21/06/2001

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 01/01/2017

Applicable provisions of this section (see SUP 16.6.1 G)

Category of firm	Applicable provisions
Bank 4	SUP 16.6.4 R - SUP 16.6.5 R
Depositary of an authorised fund 10 5	SUP 16.6.6 R - SUP 16.6.11R
	7

Purpose

SUP 16.6.3 G 01/04/2013

[deleted]13

SUP 16.6.3A G 01/04/2013

13The FCA 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 FCA requires will vary, depending on the type of business a firm undertakes. This information helps the FCA to determine whether a firm is complying with the requirements applicable to its business, and what procedures it is operating to ensure its compliance.

SUP 16.6.3B G 13/04/2018

[deleted]12

Banks

SUP 16.6.4 R 13/04/2018

A bank must submit compliance reports to the FCA.12

4 9 8 13 13

SUP 16.6.5 R 01/04/2013

Compliance reports from a bank (see SUP 16.6.4 R)4

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 13 13
Organogram showing the authorised entities in the firm's group	Annually	6 months after the firm's accounting reference date 13 13

Depositaries of authorised funds 7 7 6

SUP 16.6.6 R 01/01/2017

A depositary of an authorised fund 10 must submit compliance reports in accordance with SUP 16.6.7 R.

SUP 16.6.7 R 01/01/2017

Compliance reports from10 7depositaries of authorised funds107(see SUP 16.6.6R)6

Report	Frequency	Due date
10	10	10 6
10Breach report on the authorised fund manager's breaches as set out in SUP 16.6.8R(1A)	Monthly	30 business days after month end
10 6	10	10
10	10	10
10Oversight report on the depositary’s oversight visits as set out in SUP 16.6.8R(1B)	Quarterly	30 business days after quarter end (Note)
		7
		7
Note:10 The quarter ends are 31 March, 30 June, 30 September and10 31 December. 1

SUP 16.6.8 R 01/01/2017

(1)
[deleted]10
13 13
(1A)
The breach report from a depositary of an authorised fund to the FCA must include, for each authorised fund for which it is a depositary:10
1. (a)
  details of all breaches of COLL or FUND, which came to the depositary’s attention or which were reported to the depositary by the authorised fund manager, during the previous month;10
2. (b)
  details of any changes to the reported details of an existing breach, whether reported under SUP 16.6.8R(1A) or otherwise;10
3. (c)
  details of all breaches that were reported, whether reported under SUP 16.6.8R(1A) or otherwise, and that have been closed during the previous month; and10
4. (d)
  whether the authorised fund manager has, in the opinion of the depositary, adequate controls over: 10
  1. (i)
    the issue and cancellation of units as detailed in COLL 6.2 (Dealing); and10
  2. (ii)
    valuation and pricing as detailed in COLL 6.3 (Valuation and pricing).10
(1B)
The oversight report from the depositary to the FCA must include: 10
1. (a)
  details of each authorised fund manager visited during the previous quarter; and10
2. (b)
  for each area reviewed: 10
  1. (i)
    the findings and conclusions of the depositary;10
  2. (ii)
    its recommendations; and10
  3. (iii)
    the authorised fund manager’s response and comments, where available.10
(2)
[deleted]10
13 13 3 3
(2A)
[deleted]10
6 6
(3)
[deleted]7
13 13 2

SUP 16.6.9 G 01/01/2017

[deleted]10

6 6 6

SUP 16.6.10 G 01/01/2017

(1)
10A depositary should report a breach only once under SUP 16.6.8R(1A)(a) and once under SUP 16.6.8R(1A)(c). When both reports are made in the same month, only a single entry in the form is required. Under SUP 16.6.8R(1A)(b) a depositary should report changes to the reported details of existing breaches.
(2)
A separate line should be entered on the form for each rule breached. For example, a breach of the investment limits in COLL 5.2.11R11 that results in incorrect pricing of the scheme contrary to COLL 6.3.3R should be recorded as two entries, with the same reference.
(3)
Under SUP 16.6.8R(1A)(c) a depositary should report all breaches that have been closed during the previous month. A breach can be closed in a number of ways. For example:
1. (a)
  A breach that does not involve changes to systems and controls may be considered closed when, in the opinion of the depositary, the authorised fund manager has taken all necessary action to rectify the breach.
2. (b)
  A breach that requires changes to systems and controls that cannot be implemented promptly, may nevertheless be considered closed when, in the opinion of the depositary, the authorised fund manager has implemented an effective temporary control to resolve the issue, taking into account the interests of Unitholders.
(4)
A depositary should not consider a breach closed until any applicable compensation has been paid to the scheme and/or to Unitholders.

SUP 16.6.11 R 01/01/2017

(1)
10A depositary must submit its breach report under SUP 16.6.8R(1A) using the form REP011 in SUP 16 Annex 12AR.
(2)
A depositary must submit its oversight report under SUP 16.6.8R(1B) using the form REP012 in SUP 16 Annex 12AR.
(3)
A depositary must submit the forms in SUP 16 Annex 12AR:
1. (a)
  online through the appropriate systems accessible from the FCA’s website; or
2. (b)
  if the appropriate systems are unavailable, via email to fundsupervision@fca.org.uk.

SUP 16.7A Annual report and accounts

Application

SUP 16.7A.1 R 01/01/2021

1This section applies to every firm in the regulatory activity group (RAG) set out in column (1), which is a type of firm in column (2), of the tables in SUP 16.7A.3 R and SUP 16.7A.5 R, except:

(1)
[deleted]5
(2)
[deleted]5
(3)
an oil market participant that is not subject to the requirements of IPRU(INV) Chapter 3;
(4)
an authorised professional firm other than:
1. (a)
  a firm that must comply with IPRU(INV) 3, 5 or 13 in accordance with IPRU(INV) 2.1.4R; or
2. (b)
  a CASS debt management firm;
(5)
an authorised professional firm if the only regulated activity it carries on is credit-related regulated activity as a non-mainstream regulated activity;
(6)
a financial conglomerate; and
(7)
a local authority.

Purpose

SUP 16.7A.2 G 31/12/2014

The purpose of this section is to require firms to submit their annual report and accounts, and the annual report and accounts of their mixed activity holding companies, to the FCA online through the appropriate systems accessible from the FCA's website. This information is used in the monitoring of firms both individually and collectively.

Requirement to submit annual report and accounts

SUP 16.7A.3 R 01/08/2022

A firm in the RAG in column (1) and which is a type of firm in column (2) must submit its annual report and accounts to the FCA annually on a single entity basis.

(1)	(2)
RAG	Firm type
1	UK bank
	Dormant asset fund operator 8
	A non-UK bank 5.
2.2	The Society
3	MIFIDPRU investment firms 6
	6
	6
	All other firms subject to the following chapters in IPRU(INV):
	(1)	Chapter 3
	(2)	Chapter 5
	(3)	[deleted]7
4	MIFIDPRU investment firms 6
	6
	6
	Collective portfolio management firm
	All other firms subject to the following chapters in IPRU(INV):
	(1)	Chapter 3
	(2)	Chapter 5
	(3)	[deleted]7
	(4)6	Chapter 12
5	All firms
6	All firms other than firms subject to IPRU (INV) Chapter 13 6 3
7	MIFIDPRU investment firms 6
	6
	6
8	All firms other than firms subject to IPRU (INV) Chapter 13 6 3

Exceptions from the requirement to submit an annual report and accounts

SUP 16.7A.4 R 03/01/2018

(1)
An adviser 4 (as referred to in IPRU(INV) 3-60(4)R), is only required to submit the annual report and accounts if:
1. (a)
  it is a partnership or body corporate; and
2. (b)
  the annual report and accounts were audited as a result of a statutory provision other than under the Act.
(2)
A service company is only required to submit the annual report and accounts if the reports and accounts were audited as a result of a statutory provision other than under the Act.

Requirement to submit annual report and accounts for mixed activity holding companies

SUP 16.7A.5 R 01/01/2022

A firm in the RAG group in column (1), which is a type of firm in column (2) and whose ultimate parent is a mixed activity holding company must:

(1)
submit the annual report and accounts of the mixed activity holding company to the FCA annually; and
(2)
notify the FCA that it is covered by this reporting requirement by email using the email address specified in SUP 16.3.10 G (3), by its accounting reference date.
(1)
(2)
RAG
Firm type
1
UK bank
3
MIFIDPRU investment firm 6
6
4
MIFIDPRU investment firm 6
6
7
MIFIDPRU investment firm 6
6

SUP 16.7A.6 R 31/12/2014

Where a number of firms in the same group share the same mixed activity holding company parent, only one firm in the group is required to provide the report.

Method for submitting annual accounts and reports

SUP 16.7A.7 R 31/12/2014

Firms must submit the annual report and accounts to the FCA online through the appropriate systems accessible from the FCA's website, using the form specified in SUP 16 Annex 1A.

Time period for firms submitting their annual report and accounts

SUP 16.7A.8 R 01/01/2021

Firms must submit their annual report and accounts in accordance with SUP 16.7A.3 R within the following deadlines:

(1)
for a non-UK bank 5, within 7 months of the accounting reference date;
(2)
for the Society or a service company, within 6 months of the accounting reference date; and
(3)
for all other firms, within 80 business days 2 of the accounting reference date.
2

Time period for firms submitting annual report and accounts for mixed activity holding companies

SUP 16.7A.9 R 31/12/2014

Firms must submit the annual report and accounts of a mixed activity holding company in accordance with SUP 16.7A.5 R within 7 months of their accounting reference date.

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

Application

SUP 16.8.1 G 21/06/2001

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

(1)
every insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society 1; and
(2)
every firm with permission to establish, operate or wind up a stakeholder pension scheme.

Purpose

SUP 16.8.2 G 01/04/2013

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 FCA 11 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 31/12/2014

(1)
An insurer with a permission to effect or carry out life policies must submit to the FCA a persistency report in respect of life policies by 30 April each year in accordance with this section.
1 11 11 11 8
(2)
A firm with permission to establish, operate or wind up a stakeholder pension scheme must submit to the FCA 11:
11
1. (a)
  a data report on stakeholder pensions by 30 April each year using the form specified in SUP 16 Annex 6R.9
  9
2. (b)
  [deleted]9
  9

Alternative year end date

SUP 16.8.3A R 31/12/2014

(1)
9A firm may submit persistency and a data report for a 12 month period ending within 4 months of its accounting reference date if:
1. (a)
  it has notified the FCA of this intention by email using the email address specified in SUP 16.3.10 G (3) no later than the firm's accounting reference date; and
2. (b)
  it either:
  1. (i)
    has an accounting reference date other than 31 December; or
  2. (ii)
    undertakes industrial assurance policy business.

How to submit persistency and data reports

SUP 16.8.3B R 31/12/2014

9 Firms required to submit reports as set out in SUP 16.8.3 R (1) and SUP 16.8.3 R (2) must do so online through the appropriate systems accessible from the FCA's website.

Interpretation of this section

SUP 16.8.4 R 13/04/2018

1In this section, and in SUP 16 Annex 6R:

(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)
'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)
'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)
'contract anniversary' means the anniversary of the date on which the life policy or stakeholder pension was effected falling within Y-1;
(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)
[deleted]9
9
(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)
[deleted]
(9)
'mortgage endowment' means an endowment assurance effected or believed to be effected for the purposes of paying off a loan on land;
(10)
'new', in relation to a stakeholder pension, has the meaning given in SUP 16.8.11 R (2);
(11)
'ordinary assurance policy' means a life policy which is not an industrial assurance policy;
(12)
'other life assurance' means a life policy other than a pension policy, endowment assurance or whole life assurance;
(13)
'other pension policy' means a pension policy other than a personal pension policy;
(14)
'persistency rate' means a rate calculated using this formula: CF x 100/CC (see10 the example in SUP 16.8.5G);
(15)
'persistency report' means a report in respect of life policies and stakeholder pensions9 complying with SUP 16.8.19A R and9SUP 16.8.21 R;
9
(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)
'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)
'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)
'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)
'stakeholder pension' means an individual's rights under a stakeholder pension scheme;
(21)
'substitute', in relation to stakeholder pension, has the meaning given in SUP 16.8.11 R (2);
(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; and10
(23)
'year' means calendar year, unless SUP 16.8.3AR (1) applies in which case it means the 12 month period notified to the FCA.9
9

SUP 16.8.5 G 21/06/2001

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 21/06/2001

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 31/12/2014

[deleted]9

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

SUP 16.8.8 R 01/05/2008

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

(1)
it is not of a type listed in SUP 16.8.13 R or SUP 16.8.14 R;
(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)
the person who sold it or who was responsible for its promotion was, in so doing, subject to rules in COBS 5.
5 6

SUP 16.8.9 G 01/04/2013

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 711 of the Act (Control of Business Transfers).

SUP 16.8.10 R 21/06/2001

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 13/04/2018

(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.10
(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 01/10/2003

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 06/04/2012

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

(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)
[deleted]7
7
(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)
income withdrawals that have ceased as a result of the death of the policyholder;
(5)
in the case of a persistency report only, a life policy which is a stakeholder pension;
(6)
a life policy purchased by the trustees of an occupational pension scheme 2 which is a defined benefits pension scheme;
(7)
a life policy purchased by the trustees of an executive money purchase occupational pension scheme.

SUP 16.8.14 R 31/12/2014

1A persistency report required by SUP 16.8.3 R need not contain information:9

9 9

(1)
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's group) 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; and9
(2)
on life policies and stakeholder pensions if a firm has no life policies or stakeholder pensions to report on in SUP 16 Annex 6R.9

SUP 16.8.14A R 31/12/2014

9In circumstances where a firm has no data to report in one or both of the life policies and stakeholder pensions sections of SUP 16 Annex 6R, a firm must submit a nil return using the relevant field(s) in the form.

SUP 16.8.15 R 21/06/2001

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 13/04/2018

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)
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)
in the case of a single premium life policy, the policy has not been surrendered as at the policy anniversary;
(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)
  [deleted]9
  9
(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.10
2. (b)
  [deleted]9
  9

SUP 16.8.17 R 21/06/2001

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 21/06/2001

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 31/12/2014

(1)
[deleted]9
9
(2)
[deleted]9
9
(3)
[deleted]9
9

SUP 16.8.19A R 31/12/2014

9A persistency report on life policies and stakeholder pensions must be in the format of SUP 16 Annex 6R.

SUP 16.8.20 R 31/12/2014

[deleted]9

SUP 16.8.21 R 13/04/2018

1The firm must, if a persistency report reports on:10

(1)
an endowment assurance with a term of five years or less:
1. (a)
  [deleted]9
  9
2. (b)
  report on such a policy in the report in SUP 16 Annex 6R;9
  9
(2)
a group personal pension policy, include the policy as a personal pension policy in the report in SUP 16 Annex 6R;9
9
(3)
a mortgage endowment, also include the policy as an endowment assurance in the report in SUP 16 Annex 6R;9
9
(4)
an income withdrawal, not include the policy under any other relevant category in SUP 16 Annex 6R.9
4 9

SUP 16.8.22 G 31/12/2014

(1)
[deleted]9
9
(2)
[deleted]9
9

Records

SUP 16.8.23 R 13/04/2018

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

(1)
monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives; and
(2)
make persistency reports or data reports to the FCA 11 in accordance with SUP 16.8.3R10.
11

SUP 16.8.24 G 13/04/2018

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)
life policies and stakeholder pensions originally promoted:
1. (a)
  by company9representatives; or
2. (b)
  by intermediaries providing independent advice or restricted advice; or9
  9
3. (c)
  through the firm's own direct offer financial promotions;
  9
4. (d)
  [deleted]9
  9
(2)
life policies and stakeholder pensions not within (1), including those effected as execution-only transactions, for10 inclusion in the relevant form under 'Other';9
9 9 9
(3)
life policies and stakeholder pensions written assuming the payment of:
1. (a)
  regular premiums;
2. (b)
  a single premium;
(4)
life policies written as:
1. (a)
  ordinary assurance policies;
2. (b)
  industrial assurance policies;
(5)
the categories of life policies and stakeholder pensions referred to in SUP 16 Annex 6R.9
3 9

SUP 16.9 Appointed representatives annual report

[deleted]4

Readers should refer to the requirements set out in SUP 12.7 (Notification requirements).4

SUP 16.10 1 2Verification of firm details13

Application

SUP 16.10.1 G 01/08/2022

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

(1)
an ICVC; or
(2)
a UCITS qualifier; or
(2A)
an AIFM qualifier; or6
(3)
[deleted]12
4
(4)
a dormant asset fund operator 18.
4

Purpose

SUP 16.10.2 G 23/03/2018

Firm details are13 used by the FCA 10 :

20 20

(1)
to ensure that a firm is presented with the correct regulatory return when it seeks to report electronically;
(2)
in order to communicate with a firm;
(3)
as the basis for some sections of the Financial Services Register;20 and
20
(4)
in order to carry out thematic analysis across sectors and groups of firms.

SUP 16.10.3 G 23/03/2018

In view of the importance attached to firm details 13, and the consequences which may result if they are13 wrong, this section provides the framework for a firm to check and correct them13.

11 14 2 20

14Requirement to check the accuracy of firm details and to report changes to the FCA

SUP 16.10.4 R 08/12/2022

(1)
Within 6016 business days of its accounting reference date, a firm must check the accuracy of its firm details 13 through the relevant section of the FCA 10 website.
20 20
(2)
[paragraph suspended by FSA 2004/79]5
(3)
If any firm details are13 incorrect, the firm must submit5 the corrected firm details 13 to the FCA 10 using:19
520
1. (a)
  the appropriate form set out in SUP 15 Ann 3 and in accordance with SUP 16.10.4AR; or19
2. (b)
  19where the relevant details relate to an appointed representative of the firm:
  1. (i)
    the form in SUP 12 Ann 3 (Appointed representative appointment) if the appointed representative is not included on the Financial Services Register;
  2. (ii)
    the form in SUP 12 Ann 4 (Appointed representative or tied agent – change details) if the details about an appointed representative on the Financial Services Register are incorrect; or
  3. (iii)
    the form in SUP 12 Ann 5 (Appointed representative termination) if a relationship with an appointed representative has been terminated but this is not reflected on the Financial Services Register,
    in accordance with the applicable rules in SUP 12.7 (Notification and reporting requirements) or SUP 12.8 (Termination of a relationship with an appointed representative or FCA registered tied agent).
set out in SUP 15 Ann 3 and in accordance with SUP 16.10.4A R.5
5

SUP 16.10.4-A R 13/04/2018

[deleted]15

SUP 16.10.4A R 01/10/2021

(1)
A firm must submit any corrected firm details under SUP 16.10.4R(3) using the appropriate online systems accessible through the FCA’s website.16
8 8
13 8 20 20 20 7 7 9
(2)
[deleted]16
8 13 12 20 20 20
(3)
Where a firm is obliged to submit corrected firm details 13 online under (1), if the FCA's 20 information technology systems fail and online submission is unavailable for 24 hours or more, until such time as facilities for online submission are restored, a firm must submit its corrected firm details 13 to firm.details@fca.org.uk 16.
20 20 20 13 20 13

Frequency and timing of reports: confirming that firm details remain accurate

SUP 16.10.4AA R 31/01/2020

(1)
16This rule applies where, in complying with SUP 16.10.4R(1), a firm does not need to submit corrected firm details under SUP 16.10.4R(3).
(2)
Within 60 business days of its accounting reference date, a firm must submit a report to the FCA confirming that the firm details which it has checked under SUP 16.10.4R(1) remain accurate, using the appropriate online systems accessible through the FCA’s website.

SUP 16.10.4B G 01/04/2013

5If the FCA's 20 information technology systems fail and online submission is unavailable for 24 hours or more, the FCA 20 will endeavour to publish a notice on its website confirming that online submission is unavailable and that the alternative methods of submission set out in SUP 16.3.9 R20 should be used.

20 20 20

SUP 16.10.4C G 04/10/2010

5Where SUP 16.10.4AR (3) applies to a firm, GEN 1.3.2 R (Emergency) does not apply.

SUP 16.10.5 G 13/04/2018

The firm details are made available to the firm when the firm logs into the appropriate section of the FCA’s website. The firm should check the firm details and send any corrections to the FCA.15 The FCA’s preferred method of receiving corrections to firm details is by the online forms available at the FCA’s website.

13 10 20 20 13 10 20 20 10 20 20 13 10 20 20 2

SUP 16.10.6 G 23/03/2018

A firm may check, and submit corrections to, its firm details 13 more frequently than annually.

SUP 16.10.7 G 04/10/2010

[deleted]5

SUP 16.11 1Product Sales Data Reporting

Application

SUP 16.11.1 R 01/01/2021

This section2 applies:

9 3 5 5 10

(1)
in relation to sales data reports, to a firm:10
10
1. (a)
  which is a home finance provider; or
2. (aa)
  14which is a P2P platform operator which facilitates entry into a regulated mortgage contract, home purchase plan, home reversion plan or regulated sale and rent back agreement where the lender or provider does not require permission to enter into the transaction; or
3. (b)
  which has permission to enter into a regulated credit agreement as lender in respect of high-cost short-term credit or home credit loan agreements; or
4. (c)
  which is, in respect of sales to a retail client or a consumer:
  1. (i)
    an insurer; or
  2. (ii)
    the manager of an authorised AIF or a UCITS scheme; or
  3. (iii)
    the operator of an investment trust savings scheme, or a personal pension scheme; or
  4. (iv)
    a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product;
  unless the firm is a managing agent;10
(2)
in relation to performance data reports15:
14
1. (a)
  to the firm (“A”) which entered into the regulated mortgage contract; or15
  14
2. (b)
  where the right of the lender to receive payments under the regulated mortgage contract has passed to another person (“B”) by legal or equitable assignment or by operation of law:15
  14
  1. (i)
    where B is a firm with permission for administering a regulated mortgage contract, firm B (and it is immaterial for this purpose whether B makes arrangements for A or another person to administer the mortgage or to exercise the lender’s rights under it); or15
  2. (ii)
    where B is not a firm with permission for administering a regulated mortgage contract and B enters into an agreement with a firm (“C”) to administer the contract, firm C (it is immaterial for this purpose whether firm C is firm A, or whether firm C enters into an arrangement with another person to outsource or delegate the performance of some of those administration activities).15
101041010

SUP 16.11.1A G 01/01/2021

15Where a regulated mortgage contract has been sold or securitised, the firm responsible for the performance data report should be the ‘principal administrator’ submitting the MLAR (see section G of SUP 16 Annex 19AR and the guidance notes on section G in SUP 16 Annex 19BG).

Purpose

SUP 16.11.2 G 01/01/2021

(1)
The purpose of this section2 is to set out the requirements for firms in the retail mortgage, investment, consumer credit lending 8 and pure protection contract markets specified in SUP 16.11.1 R to report individual product sales data, and to report individual performance data on regulated mortgage contracts,7 to the FCA 17. In the case of firms in the sale and rent back market, there is a requirement to record, but not to submit, sales data13. These requirements apply6 whether the regulated activity has been carried out by the firm, or through an intermediary which has dealt directly with the firm.
2 17 7 7 6 6
(2)
The purpose of collecting this data is to assist the FCA 17 in the ongoing supervision of firms engaged in retail activities and to enable the FCA 17 to gain a wider understanding of market trends in the interests of protecting consumers.
17 17
(3)
Certain of the information is required under PRA rules: see SUP 16.11.7R(2) to (5). This information is collected by the FCA for the PRA, but the PRA allows the FCA to retain the information for the FCA’s purposes.15

Reporting requirement

SUP 16.11.3 R 01/01/2021

(1)
A firm must submit a report (a 'data report') containing the information required by:7
7
1. (a)
  SUP 16.11.5 R (a 'sales data report') within 20 business days of the end of the reporting period; and
  7
2. (b)
  for regulated mortgage contracts, SUP 16.11.5A R (a 'performance data report'), within 30 business days of the end of the reporting period;
  7
unless 11(3A) or (4) applies.7
(2)
The reporting periods are;7
7
1. (a)
  7for sales data reports, the four calendar quarters of each year beginning on 1 January; and
2. (b)
  7for performance data reports, the six month periods beginning on 1 January and 1 July in each calendar year.
(3)
[deleted]11
11
(3A)
A firm must submit a nil return if no relevant sales have occurred in the quarter.11
(3B)
A firm must submit a nil return in respect of performance data reports if it does not own any rights of a lender under a regulated mortgage contract, and only carries on the regulated activity of administering a regulated mortgage contract for firms which are themselves obliged to submit performance data reports under SUP 16.11.1R(2).15
(4)
The following types of firm 14 must compile, and keep for at least five years from the end of the relevant quarter, a data report containing the information required by SUP 16.11.5 R, but are14 not subject to the requirement in (1) to submit a data report (or to the requirement in SUP 16.11.9 R:14
6
1. (a)
  14a SRB agreement provider; and
2. (b)
  14a P2P platform operator which facilitates entry into a regulated sale and rent back agreement where the provider does not require permission to enter into the transaction.

SUP 16.11.4 G 01/01/2015

(1)
A firm may submit a sales 7data report more frequently than required by SUP 16.11.3 R7if it wishes.
7
(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 FCA 17 in a data report.
17

Content of the report

SUP 16.11.5 R 01/04/2021

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

(1)
retail investments;
(2)
pure protection contracts;
3
(3)
regulated mortgage contracts (including15 further advances (see SUP 16.11.7R(3)) and internal product transfers and internal remortgages, irrespective of whether there is a new mortgage contract15);3
(4)
home purchase plans;3
6
(5)
home reversion plans; 6 3
8
(6)
6 regulated sale and rent back agreements;8
8
(7)
high-cost short-term credit 13; and
8
(8)
home credit loan agreements.8

SUP 16.11.5A R 21/03/2016

7A performance data report must contain performance data in respect of regulated mortgage contracts other than legacy CCA mortgage contracts 12.

SUP 16.11.6 G 01/04/2005

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 01/04/2021

7 7

(1)
A data report must comply with the provisions of SUP 16 Annex 21R.15
(2)
But (3) to (5) apply where a firm which is required to submit a sales data report under SUP 16.11.3R(1)(a) is a PRA-authorised person which is also required to submit information to the FCA under chapter 23 (regulatory mortgage contract reporting) of the PRA’s Regulatory Reporting rules.15
(3)
Where the sales data report relates to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm only in relation to the format in which the data elements in the report are to be submitted to the FCA.15
(4)
Where the sales data report does not relate to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm in respect of the data elements listed in (5) only in relation to the format in which the data elements are to be submitted to the FCA.15
(5)
The data elements are:15
1. (a)
  the total amount owed by the borrower to the firm and secured on the property immediately prior to the new borrowing; 15
2. (b)
  for a second charge regulated mortgage contract, the total amount owed by the borrower to third parties secured on the property; 15
3. (c)
  rate to which stress test applied; and15
4. (d)
  contractual reversion rate.15

SUP 16.11.8 R 01/01/2015

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

SUP 16.11.8-A R 04/06/2019

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

(1)
the sales data report and performance data report of the P2P platform operator must include data in respect of the arrangement taken as a whole, as though it comprised a single transaction; and
(2)
the sales data report and performance data report of any firm which is the lender or provider under any separate contract forming part of the arrangement must include data in respect of that contract.

SUP 16.11.8A G 01/01/2015

2Where the manager of an authorised AIF or a UCITS scheme 9 receives business from a firm which operates a nominee account, the sales 7data report in respect of those transactions submitted by the manager 9 should treat those transactions as transactions undertaken by the manager 9 with the firm.

9 9 9

SUP 16.11.9 R 01/01/2015

A firm must provide a 7data report to the FCA 17 electronically in a standard format provided by the FCA 17.

7 17 17

SUP 16.11.10 G 01/04/2013

A data report will have been provided to the FCA 17 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 FCA 17 reporting system.

17 17

Use of reporting agents

SUP 16.11.11 R 01/01/2015

(1)
A firm may appoint another person to provide a 7data report on the firm's behalf if the firm has informed the FCA 17 of that appointment in writing.
7 17
(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 01/01/2021

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)
[deleted]81
2
(1A)
[deleted]81
32
(2)
an oil market participant that is not subject to the requirements of IPRU(INV) Chapter 32;
(3)
an authorised professional firm (other than one that must comply with IPRU(INV) 3, 5 or 13 in accordance with IPRU(INV) 2.1.4R, or 80 that is a CASS debt management firm,47 where SUP 16.12.4 R will apply in respect of the business the firm undertakes)3, which must (unless it is within (3A)) 47comply with SUP 16.12.30 R2SUP 16.12.31 R;
11 47 47
(3A)
an authorised professional firm if the only regulated activity it carries on is credit-related regulated activity as a non-mainstream regulated activity; and47
(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.
(5)
UK designated investment firms, which must comply with the reporting requirements in the PRA Rulebook.78

Purpose

SUP 16.12.2 G 29/07/2022

(1)
Principle 4 requires firms to maintain adequate financial resources. The prudential sourcebooks, which are contained in the Prudential Standards block in the Handbook,89 set out the FCA's 65 detailed capital adequacy requirements. By submitting regular data, firms enable the FCA 65 to monitor their compliance with Principle 4 and their prudential requirements.
97 37 37 88 37 97 97 97 97 97 37
(2)
The data items submitted help the FCA 65 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 FCA 65 also uses the data items to identify developments across the financial services industry and its constituent sectors.
97 97 97 97
(3)
The requirements in this section differ according to a firm's regulated 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 FCA 65 has up-to-date information.
10 97 97

Reporting requirement

SUP 16.12.3 R 29/07/2022

(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) or (iii) 11applies, submit to the FCA 65 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;
    97 97
  2. (ii)
    unless (iii) applies, where 11 a firm is required to submit completed data items for 11more than one RAG, that11 firm must only submit the data item of the same name and purpose in respect of the lowest numbered RAG applicable to it, RAG 1 being the lowest and RAG 1280 the highest;
    11 11 11 47 47 11
  3. (iii)
    where a firm is, but for this rule, required to submit data items for more than one RAG and this includes the submission of data items in respect of fees, the FOS or FSCS levy, or threshold conditions, that firm must only submit these data items if they belong to the lowest numbered of the RAGs applicable to it;11
    11 97
  4. (iv)
    in the case of a non-EEA bank, or an EEA bank (whether or not it has permission for accepting deposits 11) other than one with permission for cross border services 11only, any data items 11submitted should, unless indicated otherwise, only cover the activities of the branch operation in the United Kingdom;5
    11 11 11
  in the format specified as applicable to the firm in the provision referred to in column (2);
2. (b)
  submit this information 11at the frequency and in respect of the periods set out in the provision referred to in column (3); and
3. (c)
  submit this information 11by the due date referred to in the provision referred to in column (4).
(2)
Unless (3) applies, any data item in (1) must be submitted by electronic means made available by the FCA;80
65 97 97
(3)
Paragraph97 (2) does not apply to:
1. (a)
  [deleted]70 2
  97 97
2. (aa)
  [deleted]73
  56
3. (b)
  firms in RAG 2 in relation to the reporting requirements for RAG 2 activities (except the funeral plan provision activities)88; and
  2
4. (c)
  those data items 70 specified as "No standard format", where SUP 16.3.6 R to SUP 16.3.10 G will apply.2
(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 16.12.3-A G 01/01/2022

[deleted]89

SUP 16.12.3-B G 01/01/2022

[deleted]89

45 82 82

SUP 16.12.3A G 13/04/2018

[deleted]80

SUP 16.12.3B G 06/07/2009

Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.11

SUP 16.12.4 R 01/08/2022

Table of applicable rules containing data items 4, frequency and submission periods

(1)		(2)	(3)	(4)
RAG number	Regulated Activities	Provisions containing:
RAG number	Regulated Activities	applicable data items	reporting frequency/ period	due date 32 32
	27 12 12	37
RAG 1	• accepting deposits • meeting of repayment claims 76 • managing dormant asset funds (including the investment of such funds)93 76	RAG 1 firms should complete their prudential reporting requirements as set out in the PRA Rulebook.76
RAG 2.1	• effecting contracts of insurance • carrying out contracts of insurance • entering as provider into a funeral plan contract 88• carrying out a funeral plan contract as provider	71 RAG 2.1 firms should complete their prudential reporting requirements as set out in the PRA Rulebook except firms carrying out funeral plan provision activities in relation to which SUP 16.12.8AR applies.88 2	71 2	71 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 (except P2P agreements) 67 (excluding retail investment activities) • arranging (bringing about) deals in investments (excluding retail investment activities) • advising on P2P agreements (when carried on exclusively with or for professional clients)67	SUP 16.12.10 R 2 SUP 16.12.11 R 78 89 37 37	SUP 16.12.10 R 2 SUP 16.12.12 R 78 37	SUP 16.12.10 R 2 SUP 16.12.13 R
RAG 4	• managing investments • establishing, operating or winding up a collective investment scheme • establishing, operating or winding up a stakeholder pension scheme • establishing, operating or winding up a personal pension scheme2 • managing an AIF 38 • managing a UK UCITS 82 • operating an electronic system in relation to lending (FCA-authorised persons only)48 38 38 38 5	SUP 16.12.14 R 2 SUP 16.12.15 R 78 89 37 37	SUP 16.12.14 R 2 SUP 16.12.16 R 78 37	SUP 16.12.14 R 2 SUP 16.12.17 R
RAG 5	• home finance administration or home finance providing activity 11 • the activity of a P2P platform operator facilitating a home finance transaction, where the lender or provider does not require permission to enter into the transaction83 11	76 SUP 16.12.18BR 37 and SUP 16.12.18C R58 2 58	76 SUP 16.12.18BR 37 and SUP 16.12.18C R58 2 58	76 SUP 16.12.18BR 37 and SUP 16.12.18C R58 2 58
RAG 6	• safeguarding and administration of assets (without arranging) • arranging safeguarding and administration of assets • acting as trustee or depositary of an AIF 38 • acting as trustee or depositary of a UK UCITS 82 38 40 38 38	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 P2P agreements (except when carried on exclusively with or for professional clients)67 • advising on pensions transfers & opt-outs • arranging (bringing about deals) in retail investments	SUP 16.12.22A R 89 37 78 37	SUP 16.12.23A R 78 37 37	SUP 16.12.24AR 78
RAG 8	• making arrangements with a view to transactions in investments • operating a multilateral trading facility4 • operating an organised trading facility35	SUP 16.12.25AR 89 80 37 78 37	SUP 16.12.26 R	SUP 16.12.27 R
RAG 9	• home finance mediation activity 14 • insurance distribution activity 84 (non-investment insurance contracts)88• funeral plan distribution 14	SUP 16.12.28A R 14	SUP 16.12.28A R 14	SUP 16.12.28A R 14
RAG 10	• the activities of an RIE 97 97	SUP 16.12.29 G 2	SUP 16.12.29 G 2	SUP 16.12.29 G 2 32
32 RAG 11 81	bidding in emissions auctions 87 81	SUP 16.12.29AR 87 81	SUP 16.12.29AR 87 81	SUP 16.12.29AR 87 81
47 RAG 12 71	• credit-related regulated activity	SUP 16.12.29C R	SUP 16.12.29C R	SUP 16.12.29C R

SUP 16.12.4B G 01/01/2022

[deleted]89

Investment firm group reporting

SUP 16.12.4C G 01/01/2022

89 MIFIDPRU 9 contains reporting requirements for:

(1)
UK parent entities of investment firm groups that are subject to consolidation under MIFIDPRU 2.5; and
(2)
parent undertakings that are subject to the group capital test.

The reporting requirements apply even if the UK parent entity or parent undertaking is not an authorised person.

3

SUP 16.12.5 R 01/07/2017

[deleted]76

SUP 16.12.6 R 01/07/2017

[deleted]76

SUP 16.12.7 R 01/07/2017

[deleted]76

Regulated Activity Group 2.1

SUP 16.12.8A R 29/07/2022

88The applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4R are set out in the table below. Reporting frequencies are calculated from a firm’s accounting 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
Funeral plan conduct return	FPR00192	Quarterly (note 2)	15 business days after the quarter end
Funeral plan financials return: providers	FPR003a92	Half yearly (note 3)	80 business days after the half year end
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 50A92. Guidance notes for the completion of the data items are set out in SUP 16 Annex 50B92.
Note 2	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not from a firm’s accounting reference date. Quarters end on 31 March, 30 June, 30 September and 31 December.
Note 3	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not from a firm’s accounting reference date. The relevant half year periods end on 30 June and 31 December.

Regulated Activity Group 2.2

SUP 16.12.9 R 01/01/2022

2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below.11

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

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. 11

11	Member's adviser 97		the Society (note 1)
Description of data item 76	Frequency	Submission deadline	Description of data item	Frequency	Submission deadline
			Annual Lloyd's return	Annually	6 months after the Society's accounting reference date
			Syndicate accounts and reports (note 2)	Annually	6 months after the Society's accounting reference date
Quarterly reporting statement	Quarterly	15 business days after the quarter end
Balance Sheet
FSA001 (note89 20) or 13	Quarterly or half yearly	(note 14)
FSA029	Quarterly (note 14)	(note 14)
Income Statement
FSA002 (note20), or 13	Quarterly or half yearly (note 14)	(note 14)
FSA030	Quarterly	(note 14)
Capital Adequacy
FSA003 (notes 4, 20) or	Monthly, quarterly or half yearly (note 14)	(note 14)
FSA033 (note 12) or	Quarterly	(note 14)
FSA034 (note 13) or	Quarterly	(note 14)
FSA035 (note 13)	Quarterly	(note 14)
Credit Risk
FSA004 (notes 5, 20) 13	Quarterly or half yearly (note 14)	(note 14)
Market Risk
FSA005 (notes 6, 20) 13	Quarterly or half yearly (note 14)	(note 14)
13
13	13	13
13
13	13	13
Large Exposures
FSA008 (note 2089)15 15 13	Quarterly	20 business days (note 19)
13
13	13	13
13
13	13	13
13
13	13	13
13
13	13	13
13
13	13	13
Note 1	The Society must prepare its reports in the format specified in IPRU(INS) Appendix 9.11, unless Note 2 applies.
Note 2	The Society must ensure that the annual syndicate accounts and reports are prepared in accordance with the Insurance Accounts Directive (Lloyd's Syndicate and Aggregate Accounts) Regulations 2008 (S.I. 2008/1950).
Note 3	[deleted]97 97
Note 4	Only firms subject to IPRU(INV) 4 report data item FSA003.
Note 5	This applies to a firm that is required to submit data item FSA003 and, at anytime within the 12 months up to its latest accounting reference date ("the relevant period"), was reporting data item FSA004 ("Firm A") or not reporting this item ("Firm B"). In the case of Firm A it must report this data item if one or both of its last two submissions in the relevant period show that the threshold was exceeded. In the case of Firm B it must report this item if both the last two submissions in the relevant period show that the threshold has been exceeded. The threshold is exceeded where data element 77A in data item FSA003 is greater than £10 million, or its currency equivalent, at the relevant reporting date for the firm.
Note 6	This applies to a firm that is required to submit data item FSA003 and, at anytime within the 12 months up to its latest accounting reference date ("the relevant period"), was reporting data item FSA005 ("Firm A") or not reporting this item ("Firm B"). In the case of Firm A it must report this data item if one or both of its last two submissions in the relevant period show that the threshold was exceeded. In the case of Firm B it must report this item if both the last two submissions in the relevant period show that the threshold has been exceeded. The threshold is exceeded where data element 93A in data item FSA003 is greater than £50 million, or its currency equivalent, at the relevant reporting date for the firm.
Note 7	[deleted]13 13
Note 8	[deleted]13 13
Note 9	[deleted]13 13
Note 10	[deleted]13 13
Note 11	[deleted]13 13
Note 12	FSA033 is only applicable to firms subject to IPRU(INV) 3.80
Note 13	Only applicable to firms subject to IPRU(INV) 5. FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R74, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed76. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R74.
Note 14	89All UK consolidation group reports report half yearly on 45 business days submission. All other firms report monthly on 20 business days submission. 37 37 37
Note 15	[deleted]89
Note 16	[deleted]13 13
Note 17	[deleted]13 13
Note 18	[deleted]13 13
Note 19	UK consolidation group reports have 45 business days submission.
Note 20	Firms that are members of a UK consolidation group are also required to submit FSA001, FSA002, FSA003, FSA004, FSA005 and FSA008 on a UK consolidation group basis.
15Note 21	[deleted]89 37 37 37

SUP 16.12.9A G 01/01/2022

A member’s 80 adviser that is also a MIFIDPRU investment firm 89 will80 also fall under one of the higher number RAGs that apply to MIFIDPRU investment firms 89. That means76 it will have to report76 data items in addition to those76 that it has to supply under RAG 2.2.

13 76 45 45 76

Regulated Activity Group 3

SUP 16.12.10 R 31/12/2014

(1)
2SUP 16.12.11 R to SUP 16.12.13 R do not apply to:
1. (a)
  a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13
2. (b)
  an OPS firm;
3. (c)
  a local authority;3
4. (d)
  a service company.3
(2)
A PRA 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.55
55
(3)
A PRA 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.55
55

SUP 16.12.11 R 01/01/2022

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

89 Description of data item	Firms’ prudential category and applicable data items (note 1)
	MIFIDPRU investment firms	Firms other than MIFIDPRU investment firms
	MIFIDPRU investment firms	IPRU(INV) Chapter 3	IPRU(INV) Chapter 5	91	IPRU(INV) Chapter 13
Solvency statement	No standard format (note 4)	No standard format (note 6)	No standard format (note 4)
Balance sheet	FSA029 (note 2)	FSA029 (note 5)	FSA029	91	Section A RMAR
Income statement	FSA030 (note 2)	FSA030 (note 5)	FSA030	91	Section B RMAR
Capital adequacy	MIF001 (note 2 and 3)	FSA033 (note 5)	FSA034 or FSA035 or FIN071 (note 7)	91	Section D1 RMAR
Supplementary capital data for collective portfolio management investment firms	FIN067 (note 13)
ICARA assessment questionnaire	MIF007 (note 3)
Threshold conditions					Section F RMAR
Client money and client assets	FSA039	FSA039	FSA039	91	Section C RMAR
CFTC	FSA040 (note 8)	FSA040 (note 8)	FSA040 (note 8)	91	FSA040 (note 8)
Liquidity	MIF002 (notes 2, 3 and 10)
Metrics reporting	MIF003 (notes 2 and 3)
Concentration risk (non-K-CON)	MIF004 (notes 2, 3 and 11)
Concentration risk (K-CON)	MIF005 (notes 2, 3 and 11)
Group capital test	MIF006 (notes 3 and 12)
Liquidity Questionnaire	MLA-M (note 9)	MLA-M (note 9)	MLA-M (note 9)	91	MLA-M (note 9)
Note 1	All firms (except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9) must, when submitting the completed data item required, use the format of the data item set out in SUP 16 Annex 24R. Guidance notes for completion of the data items are contained in SUP 16 Annex 25G.
Note 2	A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.
Note 3	Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.
Note 4	Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.
Note 5	Except if the firm is an adviser (as referred to in IPRU-INV (3)-60(4)R).
Note 6	Only required in the case of an adviser (as referred to in IPRU-INV (3)-60(4)R)) that is a sole trader.
Note 7	FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R.
Note 8	Only applicable to firms granted a Part 30 exemption order and operating an arrangement to cover forward profits on the London Metals Exchange.
Note 9	Only applicable to RAG 3 firms carrying on home financing or home finance administration connected to regulated mortgage contracts, unless as at 26 April 2014 the firm’s Part 4A permission was and remains subject to a restriction preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts.
Note 10	Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU 6.
Note 11	Only applicable to a non-SNI MIFIDPRU investment firm.
Note 12	Only applicable to a parent undertaking to which the group capital test applies.
Note 13	Only applicable to firms that are collective portfolio management investment firms.

SUP 16.12.11B R 13/04/2018

[deleted]80

SUP 16.12.12 R 30/09/2022

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's accounting reference date, unless indicated otherwise.

89Data item	Non-SNI MIFIDPRU investment firm	SNI MIFIDPRU investment firm	Investment firm group	Firm other than a MIFIDPRU investment firm
Solvency statement	Annually	Annually		Annually
FSA029	Quarterly	Quarterly	Quarterly	Quarterly
FSA030	Quarterly	Quarterly	Quarterly	Quarterly
[deleted]94				[deleted]94
FSA033				Quarterly
FSA034				Quarterly
FSA035				Quarterly
FSA039	Half yearly	Half yearly		Half yearly
FSA040	Quarterly	Quarterly		Quarterly
FIN067	Quarterly (note 3)	Quarterly (note 3)
FIN071				Quarterly
MIF001	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF002	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF003	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF004	Quarterly (note 3)		Quarterly (note 3)
MIF005	Quarterly		Quarterly
MIF006	Quarterly (note 3)	Quarterly (note 3)
MIF007	Annually (note 4)	Annually (note 4)
Section A RMAR				Half yearly (note 1) Quarterly (note 2)
Section B RMAR				Half yearly (note 1) Quarterly (note 2)
Section C RMAR				Half yearly (note 1) Quarterly (note 2)
Section D1 RMAR				Half yearly (note 1) Quarterly (note 2)
Section F RMAR				Half yearly
MLA-M	Quarterly	Quarterly	Quarterly	Quarterly
Note 1	Annual regulated business revenue up to and including £5 million.
Note 2	Annual regulated business revenue over £5 million.
Note 3	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’s accounting reference date. The relevant quarters end on the last business day of March, June, September and December.
Note 4	The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.13 R 30/09/2022

The applicable due dates for submission referred to in 11SUP 16.12.4 R11 2 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, unless indicated otherwise.13

89 Data item	Quarterly	Half yearly	Annual
Solvency statement			3 months
FSA029	20 business days (note 1) 30 business days (note 2)
FSA030	20 business days (note 1) 30 business days (note 2)
[deleted]94	[deleted]94
FSA033	20 business days
FSA034	20 business days
FSA035	20 business days
FSA039		30 business days
FSA040	15 business days
FIN067	20 business days
FIN071	20 business days
MIF001	20 business days (note 1) 30 business days (note 2)
MIF002	20 business days (note 1) 30 business days (note 2)
MIF003	20 business days (note 1) 30 business days (note 2)
MIF004	20 business days (note 1) 30 business days (note 2)
MIF005	20 business days (note 1) 30 business days (note 2)
MIF006	20 business days
MIF007	The submission date that applies under MIFIDPRU 7.8.4R
Section A RMAR	30 business days	30 business days
Section B RMAR	30 business days	30 business days
Section C RMAR	30 business days	30 business days
Section D1 RMAR	30 business days	30 business days
Section F RMAR		30 business days
MLA-M	20 business days
Note 1	For reports relating to the position of an individual firm.
Note 2	For reports relating to the consolidated situation of an investment firm group.

SUP 16.12.13A R 13/04/2018

[deleted]80

Regulated Activity Group 4

SUP 16.12.14 R 31/12/2014

(1)
2SUP 16.12.15 R to SUP 16.12.17 R do not apply to:
1. (a)
  a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13
2. (b)
  an OPS firm;
3. (c)
  a local authority.
(2)
[deleted]55
55

SUP 16.12.15 R 31/03/2023

The applicable data items referred to in SUP 16.12.4 R are set out76 according to firm type76 in the table below:

89Description of data item	Firms’ prudential category and applicable data items (note 1)
	MIFIDPRU investment firms	Firms other than MIFIDPRU investment firms
		IPRU(INV) Chapter 3	IPRU(INV) Chapter 5	91	IPRU(INV) Chapter 11 (collective portfolio management firms only)	IPRU(INV) Chapter 12	IPRU(INV) Chapter 13
Solvency statement (note 2)	No standard format		No standard format		No standard format
Balance sheet	FSA029 (note 3)	FSA029	FSA029	91	FSA029	FSA029	Section A RMAR
Income statement	FSA030 (note 3)	FSA030	FSA030	91	FSA030	FSA030	Section B RMAR
Capital adequacy	MIF001 (note 3 and 4)	FSA033	FSA034 or FSA035 or FIN071 (note 5)	91	FIN066	FIN069	Section D1 RMAR
ICARA assessment questionnaire	MIF007 (note 4)
Supplementary capital data for collective portfolio management investment firms	FIN067 (note 9)
Threshold conditions							Section F RMAR
Volumes and types of business	FSA03895	FSA038	FSA038	91	FSA038		FSA038
Client money and client assets	FSA039	FSA039	FSA039	91	FSA039	FSA039	Section C RMAR
Liquidity	MIF002 (notes 3, 4 and 6)
Metrics monitoring	MIF003 (notes 3 and 4)
Concentration risk (non-K-CON)	MIF004 (notes 3, 4 and 7)
Concentration risk (K-CON)	MIF005 (notes 3, 4 and 7)
Group capital test	MIF006 (notes 4 and 8)
Information on P2P agreements						FIN070
Note 1	All firms, except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9, must, when submitting the completed data item required, 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	Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.
Note 3	A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.
Note 4	Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.
Note 5	FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R.
Note 6	Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU [6].
Note 7	Only applicable to a non-SNI MIFIDPRU investment firm.
Note 8	Only applicable to a parent undertaking to which the group capital test applies.
Note 9	Only applicable to firms that are collective portfolio management investment firms.

SUP 16.12.15A G 01/01/2022

[deleted]89

80 13 45 45 45 45 45 45 45 45

SUP 16.12.15B R 13/04/2018

[deleted]80

SUP 16.12.16 R 31/03/2023

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's accounting reference date, unless indicated otherwise.

89 Data item	Non-SNI MIFIDPRU investment firm	SNI MIFIDPRU investment firm	Investment firm group	Firm other than a MIFIDPRU investment firm
Solvency statement	Annually	Annually		Annually
FSA029	Quarterly	Quarterly	Quarterly	Quarterly
FSA030	Quarterly	Quarterly	Quarterly	Quarterly
[deleted]94				[deleted]94
FSA033				Quarterly
FSA034				Quarterly
FSA035				Quarterly
FSA03895	Half yearly 95	Half yearly 95		Half yearly 95
FSA039	Half yearly	Half yearly		Half yearly
FIN067	Quarterly (note 3)	Quarterly (note 3)
FIN071				Quarterly
MIF001	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF002	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF003	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF004	Quarterly (note 3)		Quarterly (note 3)
MIF005	Quarterly		Quarterly
MIF006	Quarterly (note 3)	Quarterly (note 3)
MIF007	Annually (note 4)	Annually (note 4)
Section A RMAR				Half yearly (note 1) Quarterly (note 2)
Section B RMAR				Half yearly (note 1) Quarterly (note 2)
Section C RMAR				Half yearly (note 1) Quarterly (note 2)
Section D1 RMAR				Half yearly (note 1) Quarterly (note 2)
Section F RMAR				Half yearly 90
Note 1	Annual regulated business revenue up to and including £5 million.
Note 2	Annual regulated business revenue over £5 million.
Note 3	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’s accounting reference date. The relevant quarters end on the last business day of March, June, September and December.
Note 4	The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.16A R 13/04/2018

[deleted]80

SUP 16.12.17 R 31/03/2023

89 Data item	Quarterly	Half yearly	Annual
Solvency statement			3 months
FSA029	20 business days (note 1) 30 business days (note 2)
FSA030	20 business days
[deleted]94	[deleted]94
FSA033	20 business days
FSA034	20 business days
FSA035	20 business days
FSA03895		30 business days 95
FSA039		30 business days
FIN067	20 business days
FIN071	20 business days
MIF001	20 business days (note 1) 30 business days (note 2)
MIF002	20 business days (note 1) 30 business days (note 2)
MIF003	20 business days (note 1) 30 business days (note 2)
MIF004	20 business days (note 1) 30 business days (note 2)
MIF005	20 business days (note 1) 30 business days (note 2)
MIF006	20 business days
MIF007	The submission date that applies under MIFIDPRU 7.8.4R
Section A RMAR	30 business days	30 business days
Section B RMAR	30 business days	30 business days
Section C RMAR	30 business days	30 business days
Section D1 RMAR	30 business days	30 business days
Section F RMAR		30 business days
Note 1	For reports relating to the position of an individual firm.
Note 2	For reports relating to the consolidated situation of an investment firm group.

SUP 16.12.17A R 13/04/2018

[deleted]80

Regulated Activity Group 5

SUP 16.12.18 R 01/01/2015

SUP 16.12.18A R 13/04/2018

[deleted]80

46 46 46 46 46

SUP 16.12.18AA R 21/03/2016

(1)
SUP 16.12.18B R and SUP 16.12.18C R do58 not apply to:
58
1. (a)
  a lead regulated firm;
2. (b)
  an OPS firm;
3. (c)
  a local authority.
(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 16.12.18B R 04/06/2019

The 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's accounting 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.

46Description of data item	Data item (note 1)	Frequency	Submission deadline
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(notes 4 and 5)70 58	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
Sale and rent back	Section K MLAR	Annually	30 business days
Credit Risk (notes 2 and 4)58 58	Section L MLAR	Quarterly	20 business days
Liquidity (notes 3 and 4)58 58	Section M MLAR	Quarterly	20 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 are set out in SUP 16 Annex 19B.
Note 2	Only applicable to a firm that has one or more exposures that satisfy the conditions set out in MIPRU 4.2A.4 R, and: - has permission to carry on any home financing which is connected to regulated mortgage contracts; or - has permission to carry on home financing and home finance administration which is connected to regulated mortgage contracts (and no other activity); or - has permission to carry on home finance administration which is connected to regulated mortgage contracts and has all or part of the home finance transactions that it administers on its balance sheet.
Note 3	Only applicable to a firm that:64 - is80 subject to MIPRU 4.2D; -80 has no restriction to its Part 4A permission preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts; and - has permission to carry on any home financing or home finance administration connected to regulated mortgage contracts. 64 64
Note 4	Not applicable if the firm exclusively carries on home finance administration or home finance providing activities in relation to second charge regulated mortgage contracts or legacy CCA mortgage contracts (or both)66. Also not applicable if the firm is a P2P platform operator facilitating home finance transactions.83
70Note 5	Only applicable to a firm that is subject to MIPRU 4.2 (Capital resources requirements).

SUP 16.12.18C R 01/10/2020

58Additional applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below for a firm carrying on home finance administration or home finance providing activities in relation to second charge regulated mortgage contracts. Reporting frequencies are calculated from a firm's accounting 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
Analysis of second charge loans to customers	Section A4 64MLAR	Quarterly	20 business days
Second charge business flow and rates	Section D1 64MLAR	Quarterly	20 business days
Second charge lending to individuals	Section E1 64MLAR	Quarterly	20 business days
Second charge lending - arrears analysis	Section F1 MLAR64	Quarterly	20 business days
85Second charge mortgage administration – business profile	Section G1 MLAR	Quarterly	20 business days
Second charge mortgage administration - arrears analysis	Section H1 MLAR64	Quarterly	20 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 19AA R. Guidance notes for the completion of the data items are set out in SUP 16 Annex 19B.

Regulated Activity Group 6

SUP 16.12.19 R 31/12/2014

(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)
[deleted]55
55

SUP 16.12.19A R 01/01/2022

2The applicable data items 80 referred to in SUP 16.12.4 R are set out according to type of firm 8 in the table below:

8 8 8

Description of data item 11	Firms’ 76 prudential category and applicable data items 76 (note 1)
Description of data item 11	IPRU(INV) Chapter 3	IPRU(INV) Chapter 5	91	IPRU(INV) Chapter 13	43
Solvency statement (note 6)5		No standard format5			43
Balance sheet	FSA029 11	FSA029 11	91	Section A RMAR89 11	43 11
Income statement	FSA030 11	FSA030 11	91	Section B RMAR89 11	43 11
Capital adequacy	FSA033 11	FSA034 or FSA035 or FIN07152or FIN072 69 (note 4)11	91	Section D1 RMAR89 50 50 62 20	43 11
5Threshold conditions				Section F RMAR89 24
Client money and client assets	FSA039	FSA039	91	Section C RMAR 5	11 43
69Pillar 2 questionnaire		FSA019 (note 8)
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	[deleted]24 24
Note 3	[deleted]11 11
Note 4	FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R74, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed76. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R74, unless76 the firm is the depositary of a UCITS scheme in which case, FIN072 must be completed75.52 75 69 75 74 69
Note 5	[deleted]89 50 5
Note 6	Only applicable to a firm that is a partnership, when the report must be submitted by each partner.
5Note 7	[deleted]89 11 24 24 62 24 11
69Note 8	Only applicable to a firm that is the depositary of a UCITS scheme.

SUP 16.12.20 R 30/09/2022

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's accounting reference date, unless indicated otherwise.

Solvency statement	Annually
69FSA019	Annually
FSA029	Quarterly 8
FSA030	Quarterly 8
[deleted]94	[deleted]94
FSA032	Quarterly
FSA033	Quarterly 8
FSA034	Quarterly 8
FSA035	Quarterly 8 43
FSA039	Half yearly11
52FIN071	Quarterly
69FIN072	Quarterly
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)
Sections D1 and D2 RMAR80 50 50 50 62	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 £5 million.
5Note 3	5Annual regulated business revenue over £5 million.

SUP 16.12.21 R 30/09/2022

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	Quarterly18	Half yearly18	Annual18
Solvency statement			3 months
69FSA019			2 months
FSA029	20 business days		11
FSA030	20 business days		11
[deleted]94	[deleted]94
FSA032	20 business days
FSA033	20 business days		11
FSA034	20 business days		11
FSA035	20 business days		11 43
FSA039		30 business days
75 69
FSA040	15 business days 3
52FIN071	20 business days
75FIN072	20 business days
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
Sections D1 and D2 RMAR80 49 17 49 50 62	30 business days	30 business days
5Section F RMAR		30 business days

Regulated Activity Group 7

SUP 16.12.22 R 31/12/2014

(1)
2SUP 16.12.22A R to SUP 16.12.24 R do not apply to:
1. (a)
  a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13
2. (b)
  an OPS firm;
3. (c)
  a local authority.
(2)
[deleted]55
55

SUP 16.12.22A R 30/09/2022

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

89Description of data item	Firms’ prudential category and applicable data item (note 1)
89Description of data item	MIFIDPRU investment firms	Firms subject to IPRU(INV) Chapter 13	Firms that are also in one or more of RAGs 2 to 6 and not subject to IPRU(INV) Chapter 13
Solvency statement	No standard format (note 2)
Balance sheet	FSA029 (note 3)	Section A RMAR
Income statement	FSA030 (note 3)	Section B RMAR
Capital adequacy	MIF001 (notes 3 and 6)	Section D1 RMAR (note 9)
Liquidity	MIF002 (notes 3, 4 and 6)
Metrics monitoring	MIF003 (notes 3 and 6)
Concentration risk (non-K-CON)	MIF004 (notes 3, 5 and 6)
Concentration risk (K-CON)	MIF005 (notes 3, 5 and 6)
Group capital test	MIF006 (notes 6 and 8)
ICARA assessment questionnaire	MIF007 (note 6)
Supplementary capital data for collective portfolio management investment firms	FIN067 (note 10)
Professional indemnity insurance (note 11)90	Section E RMAR	Section E RMAR	Section E RMAR
Threshold conditions		Section F RMAR
Training and competence	Section G RMAR	Section G RMAR	Section G RMAR
COBS data	Section H RMAR	Section H RMAR	Section H RMAR
Client money and client assets	Section C RMAR	Section C RMAR
Fees and levies	Section J RMAR	Section J RMAR
Adviser charges	Section K RMAR (note 7)	Section K RMAR (note 7)	Section K RMAR (note 7)
Note 1	When submitting the completed data item required, a firm (except a MIFIDPRU investment firm in relation to an item reported under MIFIDPRU 9) must use the format of the data item set out in SUP 16 Annex 24R, or SUP 16 Annex 18AR in the case of the RMAR. Guidance notes for completion of the data items are contained in SUP 16 Annex 25, or SUP 16 Annex 18BG in the case of the RMAR.
Note 2	Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.
Note 3	A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.
Note 4	Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU 6.
Note 5	Only applicable to a non-SNI MIFIDPRU investment firm.
Note 6	Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.
Note 7	This item only applies to firms that provide advice on retail investment products and P2P agreements.
Note 8	Only applicable to a parent undertaking to which the group capital test applies.
Note 9	Where a firm submits data items for both RAG 7 and RAG 9, the firm must complete Section D1.
Note 10	Only applicable to firms that are collective portfolio management investment firms.
Note 11	This item only applies94 to firms that are subject to an FCA requirement to hold professional indemnity insurance94. 90

SUP 16.12.22B G 01/01/2022

[deleted]89

13 45 45 80 45 45 45 45 45 45

SUP 16.12.22C R 13/04/2018

[deleted]80

SUP 16.12.23 R 13/04/2018

[deleted]80

SUP 16.12.23A R 01/01/2022

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's accounting reference date, unless indicated otherwise.45

89 Data item	Frequency
89 Data item	Non-SNI MIFIDPRU investment firm	SNI MIFIDPRU investment firm	Investment firm group	Annual regulated business revenue up to and including £5 million	Annual regulated business revenue over £5 million
Solvency statement	Annually	Annually
FSA029	Quarterly	Quarterly	Quarterly
FSA030	Quarterly	Quarterly	Quarterly
FIN067	Quarterly	Quarterly
MIF001	Quarterly (note 1)	Quarterly (note 1)	Quarterly (note 1)
MIF002	Quarterly (note 1)	Quarterly (note 1)	Quarterly (note 1)
MIF003	Quarterly (note 1)	Quarterly (note 1)	Quarterly (note 1)
MIF004	Quarterly (note 1)		Quarterly (note 1)
MIF005	Quarterly		Quarterly
MIF006	Quarterly (note 1)	Quarterly (note 1)
MIF007	Annually (note 2)	Annually (note 2)
Section A RMAR				Half yearly	Quarterly
Section B RMAR				Half yearly	Quarterly
Section C RMAR				Half yearly	Quarterly
Section D1 RMAR				Half yearly	Quarterly
Section E RMAR	Half yearly	Half yearly	Half yearly	Half yearly	Quarterly
Section F RMAR	Half yearly	Half yearly	Half yearly	Half yearly	Half yearly
Section G RMAR	Half yearly	Half yearly	Half yearly	Half yearly	Half yearly
Section H RMAR	Half yearly	Half yearly	Half yearly	Half yearly	Half yearly
Section J RMAR	Annually	Annually	Annually	Annually	Annually
Section K RMAR	Annually	Annually	Annually	Annually	Annually
Note 1	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’s accounting reference date. The relevant quarters end on the last business day of March, June, September and December.
Note 2	The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.24 R 13/04/2018

[deleted]80

SUP 16.12.24A R 01/01/2022

45The 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 16.12.23A R, unless indicated otherwise.

89 Data item	Quarterly	Half yearly	Annual
Solvency statement			3 months
FSA029	20 business days (note 1) 30 business days (note 2)
FSA030	20 business days (note 1) 30 business days (note 2)
FIN067	20 business days
MIF001	20 business days (note 1) 30 business days (note 2)
MIF002	20 business days (note 1) 30 business days (note 2)
MIF003	20 business days (note 1) 30 business days (note 2)
MIF004	20 business days (note 1) 30 business days (note 2)
MIF005	20 business days (note 1) 30 business days (note 2)
MIF006	20 business days
MIF007	The submission date that applies under MIFIDPRU 7.8.4R
Section A RMAR	30 business days	30 business days
Section B RMAR	30 business days	30 business days
Section C RMAR	30 business days	30 business days
Section D1 RMAR	30 business days	30 business days
Section E RMAR	30 business days	30 business days
Section F RMAR		30 business days
Section G RMAR		30 business days
Section H RMAR		30 business days
Section J RMAR			30 business days
Section K RMAR		30 business days
Note 1	For reports relating to the position of an individual firm.
Note 2	For reports relating to the consolidated situation of an investment firm group.

Regulated Activity Group 8

SUP 16.12.25 R 31/12/2014

(1)
2SUP 16.12.25A R does not apply to:
1. (a)
  a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13
2. (b)
  an OPS firm;
3. (c)
  a local authority;
4. (d)
  a service company.
(2)
[deleted]55
55
(3)
[deleted]55
55

SUP 16.12.25A R 01/01/2022

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

89Description of data item	Firms’ prudential category and applicable data items (note 1)
	MIFIDPRU investment firms	Firms other than MIFIDPRU investment firms
	MIFIDPRU investment firms	IPRU(INV) Chapter 3	IPRU(INV) Chapter 5	91	IPRU(INV) Chapter 13
Solvency statement (note 2)	No standard format
Balance sheet	FSA029 (note 3)	FSA029	FSA029	91	Section A RMAR
Income statement	FSA030 (note 3)	FSA030	FSA030	91	Section B RMAR
Capital adequacy	MIF001 (notes 3 and 5)	FSA033	FSA034 or FSA035 or FIN071 (note 4)	91	Section D1 RMAR
Liquidity	MIF002 (notes 3 and 5)
Metrics monitoring	MIF003 (notes 3 and 5)
Concentration risk (non-K-CON)	MIF004 (notes 3, 5 and 7)
Concentration risk (K-CON)	MIF005 (notes 3, 5 and 7)
Group capital test	MIF006 (notes 5 and 6)
ICARA assessment questionnaire	MIF007 (note 5)
Threshold conditions					Section F RMAR (note 17)
Client money and client assets	FSA039	FSA039	FSA039	91	Section C RMAR (note 13) or FSA039
Note 1	All firms (except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9) when submitting the completed data item required, 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	Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.
Note 3	A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.
Note 4	FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R.
Note 5	Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.
Note 6	Only applicable to a parent undertaking to which the group capital test applies.
Note 7	Only applicable to a non-SNI MIFIDPRU investment firm.

SUP 16.12.25B G 01/01/2022

[deleted]89

13 45 45 45 45 45 45 45 45

SUP 16.12.25C R 13/04/2018

[deleted]80

SUP 16.12.26 R 30/09/2022

The applicable reporting frequencies for data items referred to in SUP 16.12.25A R are set out according to the type of firm 2 in the table below. Reporting frequencies are calculated from a firm's accounting reference date, unless indicated otherwise.

89 Data item	Non-SNI MIFIDPRU investment firm	SNI MIFIDPRU investment firm	Investment firm group	Firm other than a MIFIDPRU investment firm
Solvency statement	Annually	Annually		Annually
FSA029	Quarterly	Quarterly	Quarterly	Quarterly
FSA030	Quarterly	Quarterly	Quarterly	Quarterly
[deleted] 94				[deleted] 94
FSA033				Quarterly
FSA034				Quarterly
FSA035				Quarterly
FSA039	Half yearly	Half yearly		Half yearly
FIN071				Quarterly
MIF001	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF002	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF003	Quarterly (note 3)	Quarterly (note 3)	Quarterly (note 3)
MIF004	Quarterly (note 3)		Quarterly (note 3)
MIF005	Quarterly		Quarterly
MIF006	Quarterly	Quarterly
MIF007	Annually (note 4)	Annually (note 4)
Section A RMAR				Half yearly (note 1) Quarterly (note 2)
Section B RMAR				Half yearly (note 1) Quarterly (note 2)
Section C RMAR				Half yearly (note 1) Quarterly (note 2)
Section D1 RMAR				Half yearly (note 1) Quarterly (note 2)
Section F RMAR				Half yearly
Note 1	Annual regulated business revenue up to and including £5 million.
Note 2	Annual regulated business revenue over £5 million.
Note 3	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’s accounting reference date. The relevant quarters end on the last business day of March, June, September and December.
Note 4	The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.26A R 13/04/2018

[deleted]80

SUP 16.12.27 R 30/09/2022

89 Data item	Quarterly	Half yearly	Annual
Solvency statement			3 months
FSA029	20 business days (note 1) 30 business days (note 2)
FSA030	20 business days (note 1) 30 business days (note 2)
[deleted] 94	[deleted] 94
FSA033	20 business days
FSA034	20 business days
FSA035	20 business days
FSA039		30 business days
FIN071	20 business days
MIF001	20 business days (note 1) 30 business days (note 2)
MIF002	20 business days (note 1) 30 business days (note 2)
MIF003	20 business days (note 1) 30 business days (note 2)
MIF004	20 business days (note 1) 30 business days (note 2)
MIF005	20 business days (note 1) 30 business days (note 2)
MIF006	20 business days
MIF007	The submission date that applies under MIFIDPRU 7.8.4R
Section A RMAR	30 business days	30 business days
Section B RMAR	30 business days	30 business days
Section C RMAR	30 business days	30 business days
Section D1 RMAR	30 business days	30 business days
Section F RMAR	30 business days	30 business days
Note 1	For reports relating to the position of an individual firm.
Note 2	For reports relating to the consolidated situation of an investment firm group.

SUP 16.12.27A R 13/04/2018

[deleted]80

Regulated Activity Group 9

SUP 16.12.28 R 06/07/2009

(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;11
4. (d)
  a third party processor in respect of any home finance activity.11
(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 30/09/2022

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's accounting 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 11	Data item 11 (note 1)	Frequency		Submission deadline
		Annual regulated business revenue up to and including £5 million	Annual regulated business revenue over £5 million
88Home finance mediation activity and insurance distribution activity
Balance Sheet	Section A RMAR	Half yearly	Quarterly	30 business days
Income Statement	Section B RMAR	Half yearly	Quarterly	30 business days
Capital Adequacy (note 3)58	Section D1 RMAR	Half yearly	Quarterly	30 business days
Professional indemnity insurance (note 2)11	Section E RMAR	Half yearly	Quarterly 11 11	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
COBS11 data	Section H RMAR	Half yearly	Half yearly	30 business days
Supplementary product sales data	Section I RMAR	Half yearly11 11	Annually	30 business days
Client money and client assets (note 3)58	Section C RMAR	Half yearly	Quarterly	30 business days
Fees and levies	Section J RMAR	Annually	Annually	30 business days
88Funeral plan distribution activity
88Funeral plan financials return: distributors (note 4)]	FPR003b92	Half yearly (note 5)		80 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.
11Note 2	This item only applies to firms that may be subject to an FCA 80 requirement to hold professional indemnity insurance94. 68 89
58Note 3	This item does not apply to firms who only carry on home finance mediation activities exclusively in relation to second charge regulated mortgage contracts or legacy CCA mortgage contracts (or both)66 and who are not otherwise expected to complete it by virtue of carrying out other regulated activities. This item also does not apply if the firm is a P2P platform operator facilitating home finance transactions and is not required to submit it by virtue of carrying out other regulated activities. 83
88Note 4	When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 50B92. Guidance notes for the completion of the data item are set out in SUP 16 Annex 50B92.
88Note 5	Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not from a firm’s accounting reference date. The relevant half year periods end on 30 June and 31 December.

Regulated Activity Group 10

SUP 16.12.29 G 01/04/2013

2 RIEs have separate reporting as set out in REC.97

Regulated Activity Group 11

SUP 16.12.29A R 30/04/2021

87A firm must submit the form contained in SUP 16 Annex 32R (Bidding in emissions auctions return) annually within 30 business days from its accounting reference date unless it is an exempt MiFID commodities firm that did not carry on any auction regulation bidding during the year to which that form relates.

81 32

Regulated Activity Group 1247

SUP 16.12.29B R 01/07/2017

47 SUP 16.12.29C R does not apply:

(1)
to a credit firm if the only credit-related regulated activity it carries on is providing credit references;
(2)
[deleted]76
(2A)
to a firm if the only credit-related regulated activity it carries on is advising on regulated credit agreements for the acquisition of land;63
(3)
with respect to credit-related regulated activity to the extent that it relates to credit agreements secured by a legal or equitable mortgage on land.

SUP 16.12.29C R 13/04/2018

47The 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's accounting 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 revenue from credit-related regulated activities up to and including £5 million (note 2)	Annual revenue from credit-related regulated activities over £5 million
Financial data (note 3)	CCR001	Annually	Half yearly	30 business days
Volumes (note 4)	CCR002	Annually	Half yearly	30 business days
Lenders (note 5)	CCR003	Annually	Half yearly	30 business days
Debt management (note 6)	CCR004	Annually	Half yearly	30 business days
Client Money & Assets (note 7)	CCR005	Annually	Half yearly	30 business days
Debt collection (note 8)	CCR006	Annually	Half yearly	30 business days
Key data (note 9)	CCR007	Annually	Annually	30 business days56
56Credit broking websites (note 10)	73	73 60	73 60	[deleted]73
Note 1	When submitting the required data item, a firm must use the format of the data item set out in SUP 16 Annex 38A50. Guidance notes for the completion of the data items is set out in SUP 16 Annex 38B50.
Note 2	References to revenue in SUP 16.12.29C R in relation to any firm do not include the amount of any repayment of any credit provided by that firm as lender.
Note 3	(a) Subject to (b) to (d) below, this data item applies to all credit firms. (b) This data item does not apply to a firm if the only credit-related regulated activity for which it has permission is operating an electronic system in relation to lending. (c) This data item does not apply to a firm required to submit a Balance Sheet, Income Statement or Capital Adequacy data item from a RAG other than RAG 12. (d) This data item does not apply to a firm with limited permission unless it is a not-for-profit debt advice body and at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months.
Note 4	(a) Subject to (b) below, this data item applies to all credit firms. (b) This data item does not apply to a firm with limited permission unless it is a not-for-profit debt advice body and at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months.
Note 5	This data item applies to all firms with permission for entering into a regulated credit agreement as lender or exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.
Note 6	(a) Subject to (b) to (d) below, this data item applies to a debt management firm and to a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or, as the case may be, projects that it will hold £1million or more in client money in the next 12 months. (b) This data item does not apply to a firm with limited permission other than a not-for-profit debt advice body within (a). (c) This data item does not apply to a firm required to submit a Capital Adequacy data item from a RAG other than RAG 12, or under SUP 16.13, unless (d) applies (d) Where a firm is required to submit a Capital Adequacy data item from a RAG other than RAG 12 or under SUP 16.13 but the firm's highest capital requirement derives from its activity under RAG 12, the firm should submit both CCR004 and the Capital Adequacy data item required from the RAG other than RAG 12 or SUP 16.13.
Note 7	This data item applies to a CASS debt management firm, unless the firm is subject to a requirement imposed under section 55L of the Act stating that it must not hold client money, or such a requirement to the same effect76.
Note 8	This data item applies to a firm with permission to carry on debt collecting or operating an electronic system in relation to lending.
Note 980	(a) Subject to (b) and (c) below, this data item applies to a firm that has limited permission. (b) This data item does not apply to an authorised professional firm that is a CASS debt management firm. Such a firm is instead required to submit the other data items in SUP 16.12.29C R as appropriate. (c) This data item does not apply to a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or, as the case may be, projects that it will hold £1million or more in client money in the next 12 months. Such a not-for-profit debt advice body is instead required to submit data items CCR001, CCR002, CCR004 and CCR005.56
56Note 10	[deleted]73 68 68
60Note 11	[deleted]73

Authorised professional firms

SUP 16.12.30 R 29/07/2022

(1)
2An authorised professional firm, other than one that must comply with IPRU(INV) 3, 5 or 13 in accordance with IPRU(INV) 2.1.4R,3 or one that is a CASS debt management firm or one that carries on only credit-related regulated activity as a non-mainstream regulated activity,47 must submit an annual questionnaire, contained in SUP 16 Annex 9R, unless:
11
1. (a)
  its only regulated activities are one or more of:
  1. (i)
    insurance distribution 84;
  2. (ii)
    mortgage mediation;
  3. (iii)
    retail investment;
  4. (iv)
    mortgage lending;
  5. (v)
    mortgage administration; 88
  6. (vi)
    88 funeral plan distribution; or
2. (b)
  its "main business" as determined by IPRU(INV) 2.1.2R(3) is advising on, or arranging deals 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)
The due date for submission of the annual questionnaire is four months after the firm's accounting reference date.
(2A)
Guidance on the completion of the annual questionnaire contained in SUP 16 Annex 9R is set out in SUP 16 Annex 9AG.51
(3)
An authorised professional firm must also, where applicable, submit the other3 report to the FCA 97 in accordance with SUP 16.12.31 R in respect of the other regulated activities it undertakes under (1)(a)3.
3 97

SUP 16.12.30A R 01/01/2008

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 16.12.30B R 01/04/2014

47An authorised professional firm that is a CASS debt management firm and is not within SUP 16.12.1G (3A) must complete the appropriate reports specified in SUP 16.12.4 R and SUP 16.12.29C R.

SUP 16.12.31 R 27/09/2019

2Table of data items from an authorised professional firm

Report	Return (note 1)	Frequency (Note 4) 24	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 distribution activity 84;
(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 £5m. Annual regulated business revenue for these purposes is a firm's total revenue relating to insurance distribution activity 84, 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's accounting reference date.

Financial conglomerates

SUP 16.12.32 R 01/01/2021

(1)
A firm that is a member of a financial conglomerate must submit financial reports to the FCA 68 in accordance with the table in SUP 16.12.33 R if:
9797
1. (a)
  it is at the head of a financial conglomerate 81; or
  97 97
2. (b)
  its Part 4A permission 97 contains a relevant requirement.
  97
(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 29/06/2018

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 three42 technical calculation methods 42	Note 2	Note 5 Yearly42	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 GENPRU 3.1.35 R where it applies 11	Note 6	Note 5	Note 5
Note 1	When giving the report required, a firm must use the form indicated, if any.
Note 2	In respect of FCA-authorised persons, if39 Part 1 of GENPRU3 Annex 1 (method80 1), or 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, specifying the calculation method used42 and each financial conglomerate for which the FCA 68 is the co-ordinator must discuss with the FCA 68 the form which this reporting will take and the extent to which verification by an auditor will be required.42 11 68 42 97 97 97 97 42
	42
	42
	79 42 42 42 42
Note 3	Rather than specifying a standard format for each financial conglomerate to use, each financial conglomerate for which the FCA 68 is the co-ordinator must discuss with the FCA 68 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 FCA 68 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 68, and the level or volume of risks. 97 97 97 97 97 97
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 FCA 68 is the co-ordinator must11 discuss with the FCA 68 the form of the information to be reported. This should mean that the68 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 FCA 68 will in particular monitor the possible risk of contagion in the financial conglomerate, the risk of a conflict of interest11, the risk of circumvention of sectoral rules, and the level or volume of risks. 97 97 11 97 97 97 97
Note 5	The frequency and due date will be as follows: (1) banking and investment services conglomerate; frequency is yearly80 with due date 45 business days after period end;42 and68 (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. 11 68 11 68 42 42
Note 6	Adequate information must be added as a separate item to the relevant form for sectoral reporting.

SUP 16.13 Reporting under the Payment Services Regulations

Application

SUP 16.13.1 G 13/01/2018

1This section applies to a payment service provider as set out in this section3 (see SUP 16.1.1A D).

Purpose

SUP 16.13.2 G 30/03/2022

The purpose of this section is to: 3

(1)
give directions to authorised payment institutions, small payment institutions and registered account information service providers under regulation 109(1) (Reporting requirements) of the Payment Services Regulations in relation to:3
1212
1. (a)
  the information in respect of their provision of payment services and their compliance with requirements imposed by or under Parts 2 to 7 of the Payment Services Regulations that they must provide to the FCA; and3
2. (b)
  the time at which and the form in which they must provide that information and the manner in which it must be verified;3
(2)
give directions to payment service providers under regulation 109(5) (Reporting requirements) of the Payment Services Regulations in relation to the form of the statistical data on fraud relating to different means of payment that must be provided to the FCA under regulation 109(4) of the Payment Services Regulations at least once per year;3
(3)
give directions to payment service providers under regulation 98(3) (Management of operational and security risks) of the Payment Services Regulations in relation to:3
1. (a)
  the information that must be contained in the assessment of operational and security risks and the adequacy of mitigation measures and control mechanisms that must be provided to the FCA;3
2. (b)
  the intervals at which that assessment must be provided to the FCA (if the assessment is required to be provided more frequently than once a year); and3
3. (c)
  the form and manner in which that assessment must be provided; and3
(4)
[deleted]6
3
(5)
10give directions to payment service providers referred to at SUP 16.13.3-BD under regulation 109(1) (Reporting requirements) of the Payment Services Regulations in relation to annual financial crime reporting to the FCA.

SUP 16.13.2-A G 13/01/2018

3The purpose for which this section requires information to be provided to the FCA under regulation 109 of the Payment Services Regulations is to assist the FCA in the discharge of its functions under regulation 106 (Functions of the FCA), regulation 108 (Monitoring and enforcement) and regulation 109(6) (Reporting requirements) of the Payment Services Regulations.

SUP 16.13.2A G 13/01/2018

2The purpose of this section is also to set out the rules applicable to payment service providers 3 in relation to complete and timely reporting and failure to submit reports.

SUP 16.13.2B G 13/01/2018

3 Authorised payment institutions and small payment institutions should refer to the transitional provisions in SUP TP 1.11 (Payment services and electronic money returns).

Reporting requirement

SUP 16.13.3 D 01/01/2021

(1)
An authorised payment institution, a small payment institution 6 or a registered account information service provider 3 must submit to the FCA 12 the duly completed return applicable to it as set out in column (2) of the table in SUP 16.13.4D.
2 2 12
(2)
An authorised payment institution, a small payment institution or a registered account information service provider 3 must submit the return referred to in (1):
1. (a)
  in the format specified as applicable in column (3) of the table in SUP 16.13.4D;
2. (b)
  at the frequency and in respect of the periods specified in column (4) of that table;
3. (c)
  by the due date specified in column (5) of that table; and
4. (d)
  by electronic means made available by the FCA 12.
  12

SUP 16.13.3-A D 13/01/2018

3 SUP 16.4.5R (Annual controllers report) and SUP 16.5.4R (Annual Close Links Reports) apply to an authorised payment institution as if a reference to firm in these rules were a reference to an authorised payment institution.

SUP 16.13.3-AA D 30/03/2022

10 SUP 16.23.4R to SUP 16.23.7R (Annual Financial Crime Report) apply to a payment institution as if a reference to firm in these rules and guidance were a reference to a payment institution and the reference to group is read accordingly, other than:

(1)
a payment institution where its authorisation or registration permits it to provide only one or more of the following payment services and it is not permitted to carry on any regulated activities:
1. (a)
  account information services;
2. (b)
  payment initiation services; or
3. (c)
  money remittance, or
(2)
a person with temporary PI authorisation that immediately before IP completion day was providing payment services other than through a branch in the UK or a UK-based agent.

SUP 16.13.3A D 01/01/2021

2 SUP 16.3.11 R (Complete reporting) and SUP 16.3.13 R (Timely reporting) also apply to authorised payment institutions, small payment institutions 6 and registered account information service providers 3 as if a reference to firm in these rules were a reference to these categories of payment service provider 3.

SUP 16.13.3B R 13/01/2018

2 SUP 16.3.14 R (Failure to submit reports) also applies to payment service providers that are required to submit reports or assessments in accordance with this section and the Payment Services Regulations 3 as if a reference to firm in this rule were a reference to the relevant category of payment service provider 3.

SUP 16.13.3C G 13/01/2018

3 Authorised payment institutions, small payment institutions and registered account information service providers are reminded that they should give the FCA reasonable advance notice of changes to their accounting reference date (among other things) under regulation 37 of the Payment Services Regulations. The accounting reference date is important because many frequencies and due dates for reporting to the FCA are linked to the accounting reference date.

SUP 16.13.4 D 01/01/2021

The table below sets out the format, reporting frequency and due date for submission in relation to regulatory returns that apply to authorised payment institutions,3 small payment institutions 6 and registered account information service providers 3.

(1)	(2)	(3)	(4)	(5)
Type of payment service provider3	Return	Format	Reporting Frequency	Due date
authorised payment institution 3	Authorised Payment Institution Capital Adequacy Return	FSA056 (Note 1)	Annual (Note 2)	30 business days (Note 3)
3 registered account information service provider	Authorised Payment Institution Capital Adequacy Return	FSA056 (Note 1)	Annual (Note 2)	30 business days (Note 3)
3 small payment institution	Payment Services Directive Transactions	FSA057 (Note 4)	Annual (Note 5)	1 month 3 (Note 3)
Note 1	When submitting the completed return required, the authorised payment institution or registered account information service provider 3 must use the format of the return set out in SUP 16 Annex 27CD3. Guidance notes for the completion of the return are set out in SUP 16 Annex 27DG3.
Note 2	This reporting frequency is calculated from an authorised payment institution's or registered account information service provider’s 3 accounting reference date.
Note 3	The due dates are the last day of the periods given in column (5) of the table above following the relevant reporting frequency period set out in column (4) of the table above.
Note 4	When submitting the completed return required, the small payment institution must use the format of the return set out in SUP 16 Annex 28CD3. Guidance notes for the completion of the return are set out in SUP 16 Annex 28DG3.
Note 5	This reporting frequency is calculated from 31 December each calendar year.

Statistical data on fraud

SUP 16.13.5 G 13/01/2018

3Regulation 109(4) of the Payment Services Regulations requires payment service providers to provide to the FCA statistical data on fraud relating to different means of payment.

SUP 16.13.6 G 27/03/2020

3This requirement applies to:

(1)
authorised payment institutions;
(2)
small payment institutions;
(3)
registered account information service providers;
(4)
electronic money institutions;
(5)
credit institutions with permission to accept deposits under Part 4a of FSMA8.

SUP 16.13.7 D 13/01/2018

3This statistical data on fraud must be submitted to the FCA by electronic means made available by the FCA using the format of the return set out in SUP 16 Annex 27ED. Guidance notes for the completion of the return are set out in SUP 16 Annex 27FG.

SUP 16.13.8 D 27/03/2020

(1)
5In the case of an authorised payment institution, an authorised electronic money institution or a credit institution with permission to accept deposits under Part 4a of FSMA8:
1. (a)
  the return set out in SUP 16 Annex 27ED must be provided to the FCA every six months;
2. (b)
  returns must cover the reporting periods 1 January to 30 June and 1 July to 31 December; and
3. (c)
  returns must be submitted within two months of the end of each reporting period.
(2)
In the case of a small payment institution, a registered account information service provider or a small electronic money institution:
1. (a)
  two returns set out in SUP 16 Annex 27ED must be provided to the FCA every twelve months. Each return must cover a six-month period;
2. (b)
  one return must cover the period 1 January to 30 June and the other return must cover the period 1 July to 31 December; and
3. (c)
  both returns must be submitted within two months of the end of the calendar year.

SUP 16.13.8A G 01/01/2021

The9 return in SUP 16 Annex 27ED reflects9 the EBA’s Guidelines on fraud reporting under the Payment Services Directive 2 (PSD2), published on 18 July 2018 (EBA/GL/2018/05)9. The return also includes fraud reporting for registered account information service providers, as required by regulation 109 of the Payment Services Regulations. 9

Operational and Security Risk assessments

SUP 16.13.9 G 29/06/2018

4Regulation 98(1) of the Payment Services Regulations provides that each payment service provider must establish a framework with appropriate mitigation measures and control mechanisms to manage the operational and security risks relating to the payment services it provides.

SUP 16.13.10 G 29/06/2018

4Regulation 98(2) of the Payment Services Regulations provides that each payment service provider must provide to the FCA an updated and comprehensive assessment:

(1)
of the operational and security risks relating to the payment services it provides; and
(2)
on the adequacy of the mitigation measures and control mechanisms implemented in response to those risks.

The purpose of SUP 16.13.11G to 16.13.17G is to direct the form and manner of the assessment and the information that the assessment must contain.

SUP 16.13.11 G 01/01/2021

4The EBA issued Guidelines on 12 December 2017 on the security measures for operational and security risks of payment services under the Payment Services Directive (EBA/GL/2017/17)6. The Guidelines specify requirements for the establishment, implementation and monitoring of the security measures that payment service providers must take to manage operational and security risks relating to the payment services they provide.

[Note: see EBA guidelines: Guidelines on the security measures for operational and security risks of payment services, 12 December 2017/EBA/GL/2017/17.6]

SUP 16.13.12 D 01/01/2021

4 Payment service providers must comply with the EBA’s Guidelines the6 on security measures for operational and security risks of payment services (EBA/GL/2017/17)6 as issued on 12 December 2017 where they are addressed to payment service providers.

SUP 16.13.13 D 27/03/2020

4The assessments required by regulation 98(2) of the Payment Services Regulations must be submitted (except payment service providers mentioned in paragraph (1) (c) and (ca) of the Glossary definition of payment service provider and paragraph (1)(c) of the Glossary definition of electronic money issuer)7 to the FCA:

(1)
at least once every calendar year;
(2)
in writing, in the form specified in SUP 16 Annex 27GD, and attaching the documents described in that form; and
(3)
by electronic means made available by the FCA.

In the case of credit institutions, this provision applies only to those with permission to accept deposits under Part 4a of FSMA.8

SUP 16.13.14 G 27/03/2020

4 Payment service providers (except payment service providers mentioned in paragraph (1) (c) and (ca) of the Glossary definition of payment service provider and paragraph (1)(c) of the Glossary definition of electronic money issuer)7 should submit the form and the assessments to the FCA in accordance with SUP 16.13.13D(2) as soon as practicable after the assessments have been completed. In the case of credit institutions, this paragraph applies only to those with permission to accept deposits under Part 4a of FSMA.8

SUP 16.13.15 G 27/03/2020

4 Payment service providers (except payment service providers mentioned in paragraphs (1) (c) and (ca) of the Glossary definition of payment service provider and paragraph (1)(c) of the Glossary definition of electronic money issuer)7 may provide operational and security risk assessments to the FCA on a more frequent basis than once every calendar year if they so wish. Payment service providers (except payment service providers mentioned in paragraph (1) (c) and (ca) of the Glossary definition of payment service provider and paragraph (1)(c) of the Glossary definition of electronic money issuer)7 should not, however, submit such assessments more frequently than once every quarter. In the case of credit institutions, this paragraph applies only to those with permission to accept deposits under Part 4a of FSMA.8

SUP 16.13.16 G 27/03/2020

4Subject to the requirements in SUP 16.13.13D, payment service providers (except payment service providers mentioned in paragraph (1) (c) and (ca) of the Glossary definition of payment service provider and paragraph (1)(c) of the Glossary definition of electronic money issuer)7 should submit a nil return for each quarter in which they do not make a submission to the FCA. In the case of credit institutions, this paragraph applies only to those with permission to accept deposits under Part 4a of FSMA.8

SUP 16.13.17 G 01/01/2021

[deleted]6

SUP 16.13.17A G 31/03/2022

11 SYSC 15A (Operational resilience) sets out further provisions which are relevant to a payment service provider’s Operational and Security Risk assessment.

SUP 16.13.18 G 01/01/2021

5Article 17 of the SCA RTS permits payment service providers not to apply strong customer authentication in respect of legal persons initiating electronic payment transactions through the use of dedicated payment processes or protocols that are only made available to payers who are not consumers, where the FCA is satisfied that those processes and protocols guarantee at least equivalent levels of security to those provided for by the Payment Services Regulations 9.

SUP 16.13.19 D 01/01/2021

5 Payment service providers intending to make use of the exemption in article 17 of the SCA RTS must include in the operational and security risk assessment submitted in accordance with SUP 16.13.13D:

(1)
a description of the payment services that the payment service provider intends to provide in reliance on this exemption; and
(2)
an explanation of how the payment service provider’s processes and protocols achieve at least equivalent levels of security to those provided for by the Payment Services Regulations 9.

SUP 16.13.20 D 14/09/2019

5 Payment service providers should comply with SUP 16.13.19D at least three months before making use of the exemption in article 17 of the SCA RTS, and subsequently each time they prepare and submit the operational and security risk assessment required by regulation 98(2) of the Payment Services Regulations in respect of a period in which they have made use of the article 17 exemption.

SUP 16.13.21 G 14/09/2019

5 Payment service providers that follow the guidance in paragraphs 20.55 to 20.60 of the FCA’s Approach Document and comply with SUP 16.13.19D and 16.13.20D may make use of the article 17 exemption on the basis that the FCA is satisfied with the levels of security of their processes and protocols, unless informed otherwise by the FCA.

[Note: see https://www.fca.org.uk/publication/finalised-guidance/fca-approach-payment-services-electronic-money-2017.pdf.]

Reporting statistics on the availability and performance of a dedicated interface

SUP 16.13.22 G 14/09/2019

5Article 32(4) of the SCA RTS requires account servicing payment service providers that opt to provide a dedicated interface under article 31 of the SCA RTS to monitor the availability and performance of that interface. They must also publish on their website quarterly statistics on the availability and performance of the dedicated interface and of the interface used by its payment services users.

SUP 16.13.23 D 14/09/2019

5 Account servicing payment service providers shall submit to the FCA the quarterly statistics on the availability and performance of a dedicated interface that they are required by article 32(4) of the SCA RTS to publish on their website:

(1)
within 1 month of the quarter to which the statistics relate;
(2)
using the form set out in SUP 16 Annex 46AD; and
(3)
by electronic means made available by the FCA.

SUP 16.13.24 G 14/09/2019

5The quarterly statistics should cover the periods January to March, April to June, July to September and October to December.

An account servicing payment service provider becoming subject to the obligation in SUP 16.13.23D part way through a quarter should submit the first statistics only in relation to the part of the quarter when this obligation applied.

Guidance notes for completing the form set out in SUP 16 Annex 46AD are in SUP 16 Annex 46BG.

SUP 16.14 Client money and asset return

Application

SUP 16.14.1 R 01/10/2011

2 1 3This section applies to a CASS large firm and a CASS medium firm.

Purpose

SUP 16.14.2 G 01/04/2013

The purpose of the rules and guidance in this section is to ensure that the FCA 10 receives regular and comprehensive information from a firm which is able to hold client money and safe custody assets on behalf of its clients.

Report

SUP 16.14.3 R 01/04/2013

(1)
Subject to (3), a4 firm must submit a completed CMAR to the FCA 10 within 15 business days of the end of each month.
4 10
(2)
In this rule month means a calendar month and SUP 16.3.13 R (4) does not apply.
(3)
4A firm which changes its 'CASS firm type' and notifies the FCA 10 that it is a CASS medium firm or a CASS large firm in accordance with CASS 1A.2.9 R is not required to submit a CMAR in respect of the month in which the change to its 'CASS firm type' takes effect in accordance with CASS 1A.2.12 R, unless it was a firm to which the requirement in (1) applied immediately prior to that change taking effect.
10

SUP 16.14.4 R 01/01/2021

For the purposes of the CMAR:

(1)
client money is that to which the client money rules in CASS 7 apply; and
(2)
safe custody assets are those to which the custody rules in CASS 6 apply4 but only in relation to:7
6
1. (a)
  the holding of financial instruments (in the course of MiFID business);6
2. (b)
  the safeguarding and administration of assets (without arranging) (in the course of business that is not MiFID business);6
3. (c)
  acting as trustee or depositary of an AIF, and in this case also include any safe custody investments to which the firm, when acting for an authorised AIF, is required by CASS 6.1.16IAR (2) to apply the custody rules under CASS 6.1.1BR (2);6
4. (d)
  acting as trustee or depositary of a UK UCITS 9 and in this case also include any safe custody investments to which the firm is required by CASS 6.1.16IDR to apply the custody rules under CASS 6.1.1BR(3)7; and
  6
5. (e)
  those excluded custody activities carried on by a firm acting as a small AIFM, that would amount to the safeguarding and administration of assets (without arranging) but for the exclusion in article 72AA of the RAO.6

SUP 16.14.5 G 01/04/2015

For the avoidance of doubt, the effect of SUP 16.14.4 R is that the following are4 to be excluded from any calculations which the CMAR requires:4

4 4

(1)
any client money held by the firm in accordance with CASS 5;4
(2)
any safe custody assets in respect of which the firm is merely arranging safeguarding and administration of assets in accordance with CASS 6;4
6
(2A)
any safe custody assets for which a small AIFM is: 6
1. (a)
  carrying on those excluded custody activities that would merely amount to arranging safeguarding and administration of assets but for the exclusion in article 72AA of the RAO; and
2. (b)
  is doing so in accordance with CASS 6; and
(3)
any client money or safe custody assets in respect of which the firm merely has a mandate in accordance with CASS 8.4

Method of submission

SUP 16.14.6 R 01/04/2013

3A CMAR must be submitted by electronic means made available by the FCA 10.

Reporting of ‘unbreakable’ client money deposits

SUP 16.14.7 R 22/01/2018

(1)
8This rule applies to a firm in respect of a CMAR required under SUP 16.14.3R where, at the end of the reporting period for the CMAR:
1. (a)
  the firm holds client money using a client bank account under CASS 7.13.13R(3A)(b) (Segregation of client money); and
2. (b)
  the firm is unable to make a withdrawal from that client bank account until the expiry of a period lasting between 31 and 95 days.
(2)
A firm must use a separate row in data field 13 of its CMAR to report on any aggregate positive balance of client money held with a particular bank which, as at the end of the reporting period for the CMAR:
1. (a)
  the firm is able to withdraw within a period of up to 30 days;
2. (b)
  the firm is unable to withdraw for a period of 31 to 60 days; and
3. (c)
  the firm is unable to withdraw for a period of 61 to 95 days.
(3)
1. (a)
  A firm must denote a balance falling under (2)(b) by using the words “unbreakable 31-60” in data field 13B of the CMAR.
2. (b)
  A firm must denote a balance falling under (2)(c) by using the words “unbreakable 61-95” in data field 13B of the CMAR.

SUP 16.14.8 G 22/01/2018

(1)
8Because of SUP 16.14.7R(1)(b), SUP 16.14.7R would not apply to a firm where, for example:
1. (a)
  it was using a client bank account under CASS 7.13.13R(3A)(b) that had a fixed term of over 30 days, but by the end of the reporting period for the CMAR there were fewer than 31 days remaining before the firm could withdraw all the money in that account; or
2. (b)
  it was using a client bank account under CASS 7.13.13R(3A)(b) that had a notice period of over 30 days for withdrawals, but by the end of the reporting period for the CMAR the firm had already served notice for withdrawal for all the money in that account and there were fewer than 31 days remaining before the end of the notice period.
(2)
Further guidance is available in SUP 16 Annex 29AG on completing data field 13 of the CMAR in cases where SUP 16.14.7R applies.

SUP 16.15 Reporting under the Electronic Money Regulations

Application

SUP 16.15.1 G 30/04/2011

1This section applies to electronic money issuers that are not credit institutions (see SUP 16.1.1B D).

Purpose

SUP 16.15.2 G 01/04/2013

The purpose of this section is to give directions to the electronic money issuers referred to in SUP 16.1.1B D under regulation 49 (Reporting requirements) of the Electronic Money Regulations in relation to:

(1)
the information in respect of their issuance of electronic money and provision of payment services and their compliance with requirements imposed by or under Parts 2 to 5 of the Electronic Money Regulations that they must provide to the FCA 6; and
6
(2)
the time at which and the form in which they must provide that information.

SUP 16.15.3 G 30/04/2011

The purpose of this section is also to set out the rules applicable to these types of electronic money issuers in relation to complete and timely reporting and, where relevant, the failure to submit reports.

SUP 16.15.3A G 13/01/2018

3 Electronic money institutions should refer to the transitional provisions in SUP TP 1.11 (Payment services and electronic money returns).

Reporting requirement

SUP 16.15.4 D 01/04/2013

An electronic money issuer that is not a credit institution must submit to the FCA:6

(1)
the duly completed return applicable to it as set out in column (2) of the table in SUP 16.15.8 D; and
(2)
the return referred to in (1):
1. (a)
  in the format specified as applicable in column (3) of the table in SUP 16.15.8 D;
2. (b)
  at the frequency and in respect of the periods specified in column (4) of that table;
3. (c)
  by the due date specified in column (5) of that table; and
4. (d)
  by electronic means made available by the FCA 6 where necessary.
  6

SUP 16.15.5 D 30/04/2011

SUP 16.4.5 R (Annual Controllers Report) and SUP 16.5.4 R (Annual Close Links Reports) apply to an authorised electronic money institution as if a reference to firm in these rules were a reference to an authorised electronic money institution.

SUP 16.15.5A D 30/03/2022

2 SUP 16.23.4R to SUP 16.23.7R (Annual Financial Crime Report) apply to an electronic money institution 5as if a reference to firm in these rules and guidance were a reference to an electronic money institution and the reference to group is read accordingly.

SUP 16.15.6 D 30/04/2011

SUP 16.3.11 R (Complete reporting) and SUP 16.3.13 R (Timely reporting) apply to an authorised electronic money institution and a small electronic money institution as if a reference to firm in these rules were a reference to an authorised electronic money institution and a small electronic money institution.

SUP 16.15.7 R 30/04/2011

SUP 16.3.14 R (Failure to submit reports) also applies to an authorised electronic money institution and a small electronic money institution as if a reference to firm in these rules were a reference to an authorised electronic money institution and a small electronic money institution.

SUP 16.15.8 D 01/01/2021

The table below sets out the format, reporting frequency and due date for submission in relation to regulatory returns that apply to electronic money issuers that are not credit institutions.

(1) Type of electronic money issuer	(2) Return	(3) Format	(4) Reporting Frequency	(5) Due date (Note 4)
Authorised electronic money institution (Note 1)	EMI and SEMI Questionnaire 3	FIN0603	Annual 3 (Note 3)	30 business days
	3
	3
	3
	3
	3
Small electronic money institutions (Note 2)	EMI and SEMI Questionnaire 3	FIN0603	Annual3 (Note 5)	30 business days
	Total electronic money outstanding @ 31st December	FSA065	Annual (Note 5)	1 month 3
	3
(a) the Post Office Limited (b) the Bank of England4 (c) Government departments and local authorities (d) credit unions (e) municipal banks (f) the National Savings Bank	Average outstanding electronic money	No standard format	Annual 3 (Note 6)	30 business days
Note 1	When submitting the completed returns required, the authorised electronic money institution must use the format of the returns set out in SUP 16 Annex 30HD. Guidance notes for the completion of the return are set out in SUP 16 Annex 30IG3.
Note 2	When submitting the completed returns required, the small electronic money institution must use the format of the returns set out in SUP 16 Annex 30JD (FIN060) and SUP 16 Annex 30GD (FSA065). Guidance notes for the completion of the FIN060 return are set out in SUP 16 Annex 30KG3.
Note 3	This3 field is calculated from the authorised electronic money institution's accounting reference date.
Note 4	The due dates for returns are the last day of the periods given in column (5) of the table above following the relevant reporting frequency period set out in column (4) of the table above.
Note 5	The reporting frequency in relation to FSA065 is calculated from 31 December each calendar year. In relation to FIN060,3 this field is calculated from the small electronic money institution's accounting reference date.
Note 6	This is calculated from 31 December each calendar year.

SUP 16.16 Prudent valuation reporting [deleted]6

SUP 16.17 Remuneration reporting [deleted]

9 5 4

SUP 16.18 AIFMD reporting

Application

SUP 16.18.1 G 01/01/2021

1This section applies to the following types of AIFM in line with SUP 16.18.2 G:

(1)
a full-scope UK AIFM;
(2)
a small authorised UK AIFM;
(3)
a small registered UK AIFM;
(4)
an above-threshold non-UK AIFM 5 marketing in the UK; and
(5)
a small non-UK AIFM marketing in the UK 5.

SUP 16.18.2 G 01/01/2021

Type of AIFM	Rules	Directions	Guidance	AIFMD level 2 regulation
full-scope UK AIFM	FUND 3.4 (Reporting obligation to the FCA) and SUP 16.18.5 R			Article 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4UK5)
small authorised UK AIFM	SUP 16.18.6 R			Article 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4UK5)
small registered UK AIFM		SUP 16.18.7 D		Article 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4UK5)
above- threshold non-UK AIFM 5 marketing in the UK			SUP 16.18.8 G	Article 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4UK5)
small non-UK AIFM 5 marketing in the UK		SUP 16.18.9 D		Article 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4UK5)

Purpose

SUP 16.18.3 G 01/01/2021

This section specifies the end dates for reporting periods for AIFMs and the reporting period for small AIFMs for the types of AIFM to whom this section applies. Although article 110 of the AIFMD level 2 regulations (Reporting to competent authorities) (as replicated in SUP 16.18.4UK5) applies certain reporting requirements directly to AIFMs, it does not specify the end dates for reporting periods for an AIFM and, for small AIFMs, it does not specify the reporting period. Therefore, competent authorities are required to specify these requirements.

Article 110 of the AIFMD level 2 regulation

SUP 16.18.4 UK 01/01/2021

5Reporting to the FCA
1.	In order to comply with the requirements of [FUND 3.4.2R] and directions given by the FCA under regulation 21(2) of the AIFM Regulations 20135, an AIFM shall provide the following information when reporting to the FCA5:
	(a)	the main instruments in which it is trading, including a break-down of financial instruments and other assets, including the AIF's investment strategies and their geographical and sectoral investment focus;
	(b)	the markets of which it is a member or where it actively trades;
	(c)	the diversification of the AIF's portfolio, including, but not limited to, its principal exposures and most important concentrations.
	The information shall be provided as soon as possible and not later than one month after the end of the period referred to in paragraph 3. Where the AIF is a fund of funds this period may be extended by the AIFM by 15 days.
2.	For each of the EU AIFs they manage and for each of the AIFs they market in the United Kingdom or the5 Union, AIFMs shall provide to the FCA the following information in accordance with [FUND 3.4.3R]:5
	(a)	the percentage of the AIF's assets which are subject to special arrangements as defined in Article 1(5) of this Regulation arising from their illiquid nature as referred to in [FUND 3.2.5R(1)]5;
	(b)	any new arrangements for managing the liquidity of the AIF;
	(c)	the risk management systems employed by the AIFM to manage the market risk, liquidity risk, counterparty risk and other risks including operational risk;
	(d)	the current risk profile of the AIF, including:
		(i)	the market risk profile of the investments of the AIF, including the expected return and volatility of the AIF in normal market conditions;
		(ii)	the liquidity profile of the investments of the AIF, including the liquidity profile of the AIF's assets, the profile of redemption terms and the terms of financing provided by counterparties to the AIF;
	(e)	information on the main categories of assets in which the AIF invested including the corresponding short market value and long market value, the turnover and performance during the reporting period; and
	(f)	the results of periodic stress tests, under normal and exceptional circumstances, performed in accordance with [FUND 3.6.3R(2) and 3.7.5R(2)(b)]5.
3.	The information referred to in paragraphs 1 and 2 shall be reported as follows:
	(a)	on a half-yearly basis by AIFMs managing portfolios of AIFs whose assets under management calculated in accordance with Article 2 in total exceed the threshold of either EUR 100 million or EUR 500 million laid down in sub-paragraphs (b) and (a) respectively of regulation 9(1) of the AIFM Regulations 20135 but do not exceed EUR 1 billion, for each of the UK and EU AIFs they manage and for each of the AIFs they market in the United Kingdom or5 the Union;
	(b)	on a quarterly basis by AIFMs managing portfolios of AIFs whose assets under management calculated in accordance with Article 2 in total exceed EUR 1 billion, for each of the UK and5 EU AIFs they manage, and for each of the AIFs they market in the United Kingdom or5 in the Union;
	(c)	on a quarterly basis by AIFMs which are subject to the requirements referred to in point (a) of this paragraph, for each AIF whose assets under management, including any assets acquired through use of leverage, in total exceed EUR 500 million, in respect of that AIF;
	(d)	on an annual basis by AIFMs in respect of each unleveraged AIF under their management which, in accordance with its core investment policy, invests in non-listed companies and issuers in order to acquire control.
4.	By way of derogation from paragraph 3, the FCA5 may deem it appropriate and necessary for the exercise of its function to require all or part of the information to be reported on a more frequent basis.
5.	AIFMs managing one or more AIFs which they have assessed to be employing leverage on a substantial basis in accordance with Article 111 of this Regulation shall provide the information required under [FUND 3.4.5R5] at the same time as that required under paragraph 2 of this Article.
6.	AIFMs shall provide the information specified under paragraphs 1, 2 and 5 in accordance with the pro-forma reporting template set out in the Annex IV.
7.	[deleted]5
[Note: Article 110 of the AIFMD level 2 regulation]

Reporting periods and end dates

SUP 16.18.5 R 13/04/2018

The reporting period of a full-scope UK AIFM must end on the following dates:

(1)
for AIFMs that are required to report annually, on 31 December in4 each calendar year;
(2)
for AIFMs that are required to report half-yearly, on 30 June and 31 December in each calendar year; and
(3)
for AIFMs that are required to report quarterly, on 31 March, 30 June, 30 September and 31 December in each calendar year.

SUP 16.18.6 R 22/07/2013

A small authorised UK AIFM must report annually and its reporting period must end on 31 December in each calendar year.

SUP 16.18.7 D 26/07/2013

2A small registered UK AIFM must report annually and its reporting period must end on 31 December in each calendar year.

SUP 16.18.8 G 22/07/2013

In accordance with regulation 59(3)(a) of the AIFMD UK regulation, an above-threshold non-EEA AIFM that is marketing in the UK is required to comply with the implementing provisions of the AIFMD UK regulation that apply to a full-scope UK AIFM and relate to articles 22 to 24 AIFMD in so far as such provisions are relevant to the AIFM and the AIF. Therefore, such an AIFM should comply with the provisions in SUP 16.18.5 R that are applicable to a full-scope UK AIFM.

SUP 16.18.9 D 26/07/2013

2A small non-EEA AIFM marketing in the UK must report annually and its reporting period must end on 31 December in each calendar year.

SUP 16.18.10 G 22/07/2013

All periods in this section should be calculated by reference to London time.

Guidelines3

SUP 16.18.11 G 01/01/2021

3 ESMA's guidelines on reporting obligations under articles 3(3)(d) and 24(1), (2) and (4) of the AIFMD, 8 August 2014 (ESMA/2014/869EN),5 provide further details in relation to the requirements in this section.

SUP 16.19 1Immigration Act compliance reporting

Application

SUP 16.19.1 D 01/01/2018

(1)
This section applies to a firm which is subject to any of the following provisions of the Immigration Act 2014:2
1. (a)
  2the prohibition on opening a current account for a disqualified person in section 40;
2. (b)
  2the requirement to carry out immigration checks in relation to current accounts in section 40A;
3. (c)
  2the requirement to notify the existence of current accounts for disqualified persons in section 40B; and
4. (d)
  2the requirement to close an account in accordance with section 40G.
(2)
This section does not apply to a branch of a firm where the branch is established outside the United Kingdom.

[Note: A firm is subject to the prohibition in section 40 and the requirements in sections 40A, 40B and 40G2 of the Immigration Act 2014 if it is a “bank” or “building society” for the purposes of section 42 of the Immigration Act 2014.]

Annual compliance reporting

SUP 16.19.2 D 01/01/2018

A firm must report its compliance with sections 40, 40A, 40B and 40G2 of the Immigration Act 2014 to the FCA annually.

Method for submitting compliance reports

SUP 16.19.3 D 12/12/2014

A firm must report its compliance in the form specified in SUP 16 Annex 1AR using the appropriate online systems accessible from the FCA's website.

Time period for submitting compliance reports

SUP 16.19.4 D 12/12/2014

A firm which is subject to SUP 16.7A (Annual reports and accounts) must report its compliance at the same time that it submits its annual reports and accounts to the FCA.

SUP 16.19.5 D 12/12/2014

A firm which is not subject to SUP 16.7A (Annual reports and accounts) must report its compliance within four months after its accounting reference date.

SUP 16.20 Submission of recovery plans and information for resolution plans [deleted]5

SUP 16.21 1Reporting under the MCD Order for CBTL firms

Application

SUP 16.21.1 D 21/03/2016

This section applies to a CBTL firm that enters into or promises to enter into a CBTL credit agreement as lender, or a CBTL firm in which the rights and obligations of the lender under a CBTL credit agreement are vested.

Purpose

SUP 16.21.2 G 21/03/2016

The purpose of this section is to direct CBTL firms in relation to:

the information that they must provide to the FCA on their CBTL business and their compliance with requirements imposed by Schedule 2 to the MCD Order; and
the time at which, and the manner and form in which, they must provide that information.

[Note: article 18(1)(c) of the MCD Order]

SUP 16.21.3 G 21/03/2016

The purpose of this section is also to make provision for CBTL firms in relation to the failure to submit reports.

Reporting requirement

SUP 16.21.4 D 21/03/2016

(1)
A CBTL firm must submit a duly completed consumer buy-to-let return to the FCA.
(2)
The return referred to in (1) must be submitted:
1. (a)
  in the format set out in SUP 16 Annex 39AD; guidance notes for the completion of the return are set out in SUP 16 Annex 39BG;
2. (b)
  online through the appropriate systems accessible from the FCA’s website; and
3. (c)
  within 30 business days following the end of the reporting period.
(3)
The reporting period is the four calendar quarters beginning on 1 April.

SUP 16.21.5 D 21/03/2016

SUP 16.3.11R (Complete reporting) and SUP 16.3.13R (Timely reporting) apply as directions to a CBTL firm in relation to CBTL business as if a reference to firm in these provisions were a reference to a CBTL firm.

SUP 16.21.6 R 21/03/2016

SUP 16.3.14R (Failure to submit reports) applies to a CBTL firm in relation to CBTL business as if a reference to firm in that rule were a reference to a CBTL firm.

SUP 16.21.7 D 21/03/2016

(1)
A CBTL firm may appoint another person to provide a report on the CBTL firm’s behalf if the CBTL firm has informed the FCA of that appointment in writing.
(2)
Where (1) applies, the CBTL firm must ensure that the report complies with the requirements of SUP 16.21.

SUP 16.22 Reporting under the Payment Accounts Regulations

Application

SUP 16.22.1 G 18/09/2016

1This section applies to a payment service provider located in the UK other than:

(1)
a credit union;
(2)
National Savings and Investment; and
(3)
the Bank of England.

[Note: see SUP 16.1.1ED]

Purpose

SUP 16.22.2 G 18/09/2016

The purpose of this section is to give directions to payment service providers under regulation 29 (Reporting requirements) of the Payment Accounts Regulations about:

(1)
the information concerning their compliance with the requirements imposed on them under Part 3 (Switching) and Part 4 (Access to payment accounts) of the Payment Accounts Regulations; and
(2)
the time at which and the form in which they must provide that information.

Reporting requirement

SUP 16.22.3 D 18/09/2016

A payment service provider that offers a payment account within the meaning of the Payment Accounts Regulations must submit a duly completed report (referred to in this section as a “payment accounts report”) to the FCA.

SUP 16.22.4 R 18/09/2016

A payment service provider to which SUP 16.22.3D applies and which is a credit institution is required to complete every row in the payment accounts report, including rows 4 and 5, in accordance with SUP 16.22.5D to SUP 16.22.10R, even if it has not been designated under regulation 21 of the Payment Accounts Regulations.

Frequency and timing of report

SUP 16.22.5 D 22/11/2019

The payment accounts report required by SUP 16.22.3D and SUP 16.22.4R must be submitted:

(1)
by electronic means made available by the FCA;2
(2)
in the format set out in SUP 16 Annex 41AD; notes for the completion of the report are set out in SUP 16 Annex 41BG; and
(3)
within two months of the end of the relevant reporting period.

SUP 16.22.6 D 18/09/2016

The first reporting period is the period commencing on 18 September 2016 and ending on 28 February 2018.

SUP 16.22.7 D 18/09/2016

Subsequent reporting periods are consecutive periods of two years commencing on 1 March 2018 and on 1 March every other year thereafter.

SUP 16.22.8 G 18/09/2016

For example, the second reporting period commences on 1 March 2018 and ends on 29 February 2020 and the third reporting period commences on 1 March 2020 and ends on 28 February 2022.

SUP 16.22.9 D 18/09/2016

SUP 16.3.11R (Complete reporting) and SUP 16.3.13R (Timely reporting) apply to the submission of payment accounts reports under this section as if a reference to firm in those rules were a reference to payment service provider.

SUP 16.22.10 R 18/09/2016

SUP 16.3.14R (Failure to submit reports) applies to the submission of payment accounts reports under this section as if a reference to firm in that rule were a reference to payment service provider.

SUP 16.23 Annual Financial Crime Report

Application

SUP 16.23.1 R 30/03/2022

1This section applies to all firms (a) subject to the Money Laundering Regulations and (b) listed in the table below, except for4:

(1)
a credit union;
(2)
a P2P platform operator;
(3)
an authorised professional firm; or4
(4)
a firm with limited permissions only.4
(5)
[deleted]4

SUP 16.23.2 R 30/03/2022

Table: Firms to which SUP 16.23.1R applies (subject to the exclusions in SUP 16.23.1R).4

a UK bank;
a building society;
2
a non-UK bank;2
a mortgage lender;
a mortgage administrator; or
a firm offering life and annuity insurance products.
4a firm that has permission to carry on one or more of the following activities:
	advising on investments, provided that during the relevant financial year the firm:
	(i)	held client money under CASS 5 (Client money: insurance distribution activity) and/or CASS 7 (Client money rules); and/or
	(ii)	held safe custody assets under CASS 6 (Custody rules);
	arranging (bringing about deals) in investments, provided that during the relevant financial year the firm:
	(i)	arranging (bringing about deals) in investments, provided that during the relevant financial year the firm:
	(ii)	held safe custody assets under CASS 6 (Custody rules);
	dealing in investments as agent;
	dealing in investments as principal;
	assisting in the administration and performance of a contract of insurance in relation to non-investment insurance contracts;
	managing investments;
	establishing, operating or winding up a collective investment scheme;
	establishing, operating or winding up a personal pension scheme;
	establishing, operating or winding up a stakeholder pension scheme;
	managing a UK UCITS;
	managing an AIF;
	safeguarding and administering investments;
	acting as trustee or depositary of a UK UCITS;
	acting as trustee or depositary of an AIF;
	operating a multilateral trading facility; and/or
	operating an organised trading facility.
a firm that has reported total revenue of £5 million or more as at its last accounting reference date and has permission to carry on one or more of the following activities:
	advising on investments;
	arranging (bringing about deals) in investments;
	advising on pension transfers and pension opt-outs; and
	credit-related regulated activity.

Purpose

SUP 16.23.3 G 31/12/2016

(1)
The purpose of this section is to ensure that the FCA receives regular and comprehensive information about the firm’s systems and controls in preventing financial crime.
(2)
The purpose of collecting the data in the Annual Financial Crime Report is to assist the FCA in assessing the nature of financial crime risks within the financial services industry.

Requirement to submit the Annual Financial Crime Report

SUP 16.23.4 R 31/12/2016

(1)
A firm must submit the Annual Financial Crime Report to the FCA annually in respect of its financial year ending on its latest accounting reference date.
(2)
A firm is only required to submit data that relates to the parts of its business subject to the Money Laundering Regulations.

SUP 16.23.5 G 31/12/2016

(1)
If a group includes more than one firm, a single Annual Financial Crime Report may be submitted, and so satisfy the requirements of all firms in the group.
(2)
Such a report should contain the information required from all the relevant firms, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their firm reference numbers (FRNs). The obligation to report under SUP 16.23.4R remains with the individual firm.

Method for submitting the Annual Financial Crime Report

SUP 16.23.6 R 31/12/2016

A firm must submit the Annual Financial Crime Report in the form specified in SUP 16 Annex 42AR using the appropriate online systems accessible from the FCA’s website.

Time period for firms submitting their Annual Financial Crime Report

SUP 16.23.7 R 31/12/2016

A firm must submit the Annual Financial Crime Report within 60 business days of the firm’s accounting reference date.

SUP 16.23A Employers’ Liability Register compliance reporting

Application

SUP 16.23A.1 R 01/01/2021

(1)
1This section applies to any firm required to produce an employers’ liability register in compliance with the requirements in ICOBS 8.4.4R, which is a firm carrying out contracts of insurance, or a managing agent managing insurance business, including in either case business accepted under reinsurance to close, which includes UK commercial lines employers’ liability insurance.2
(2)
In this section:
1. (a)
  a “director’s certificate” refers to a statement complying with the requirements in SUP 16.23A.5R(1);
2. (b)
  “employers’ liability insurance” includes business accepted under reinsurance to close covering employers’ liability insurance (including business that is only included as employers’ liability insurance for the purposes of this section);
3. (c)
  a “qualified director’s certificate” refers to the statement complying with the requirements in SUP 16.23A.5R(1)(b);
4. (d)
  “materially compliant” has the meaning in SUP 16.23A.5R;
5. (e)
  the “register” is the employers’ liability register complying with the requirements in ICOBS 8.4.4R and ICOBS 8 Annex 1;
6. (f)
  the “return” is the employers’ liability register compliance return at SUP 16 Annex 44AR; and
7. (g)
  “supporting documents” are the director’s certificate and auditor’s report specified in SUP 16.23A.5R and SUP 16.23A.6R.

Purpose

SUP 16.23A.2 G 28/09/2018

1 ICOBS 8.4.4R requires a firm to produce the register. The register must be produced in compliance with the updating requirements in ICOBS 8.4.11R(2). SUP 16.23A sets out further requirements on the firm to obtain and submit to the FCA a statement that the firm’s production of the register complies with the requirements in ICOBS 8.4.4R, including supporting documents from a director and an auditor. It specifies the time, form and method of providing that information.

Reporting requirement

SUP 16.23A.3 R 28/09/2018

(1)
1A firm must submit the return annually to the FCA.
(2)
The return must be in relation to the register as at 31 March, covering the period of production of the register from 1 April to 31 March.
(3)
The return must be submitted online through the appropriate systems made available by the FCA:
1. (a)
  between the 1 and 31 August each year;
2. (b)
  in the format set out in SUP 16 Annex 44AR; and
3. (c)
  any supporting documents must be provided in pdf format.

Content of return and supporting documents

SUP 16.23A.4 R 28/09/2018

1The return consists of the information required in the form at SUP 16 Annex 44AR and the supporting documents specified in SUP 16.23A.5R and SUP 16.23A.6R.

Director’s certificate

SUP 16.23A.5 R 28/09/2018

(1)
1A firm must obtain and submit to the FCA a written statement, by a director of the firm responsible for the production of the register, that, to the best of the director’s knowledge, during the reporting period the firm in its production of the register is either:
1. (a)
  materially compliant with the requirements of ICOBS 8.4.4R(2) and ICOBS 8 Annex 1, including (where necessary) how the firm has used and continues to use its best endeavours in accordance with ICOBS 8 Annex 1.1.1CR; or
2. (b)
  not materially compliant with the provisions referred to in SUP 16.23A.5R(1)(a), in which case the statement must also set out, to the best of the director’s knowledge, the information required by SUP 16.23A.5R(3).
(2)
For the purposes of SUP 16.23A.5R and SUP 16.23A.6R, “materially compliant” means that in relation to at least ninety-nine percent of policies for which information is required to be included, the information in the register does not contain any inaccuracy or lack faithful reproduction (as relevant) that would affect the outcome of a search when compared to a search carried out with fully accurate and/or faithfully reproduced information.
(3)
The information referred to in SUP 16.23A.5R(1)(b) is:
1. (a)
  a description of the ways in which the firm, in its production of the register, is not materially compliant;
2. (b)
  the number of policies, in relation to which, either:
  1. (i)
    the firm is not able to include any information in the register; and/or
  2. (ii)
    information is included in the register but information may be incorrect or incomplete,
in each case as a proportion of the total number of policies required to be included in the register;
1. (c)
  where the firm is only practicably able to provide an estimate of the numbers in SUP 16.23A.5R(3)(b), the basis of each estimate; and
2. (d)
  a description of the systems and controls used in the production of the register and of the steps, together with relevant timescales, that the firm is taking to ensure that it will be materially compliant as soon as practicable.
(4)
The firm must ensure that the director’s certificate includes the description of “materially compliant” referred to in SUP 16.23A.5R(2).

SUP 16.23A.5A G 28/09/2018

(1)
1In relation to the written statement referred to in SUP 16.23A.5R(1):
1. (a)
  SUP 16.23A.5R(1) does not preclude the relevant director from, in addition, including in the director’s statement any of the following as relevant:
  1. (i)
    if a firm’s employers’ liability register is more than materially compliant, a statement to this effect, and/or a statement of the extent to which the director considers, to the best of their knowledge, the firm to be compliant in its production of the register;
  2. (ii)
    reasons for the level of any non-compliance; and/or
  3. (iii)
    information relating to policies which are not required to be included in the register;
2. (b)
  the statement regarding the firm’s level of compliance with the requirements in ICOBS 8.4.4R(2) and ICOBS 8 Annex 1, and, in relevant cases, the steps the firm is undertaking to ensure material compliance as soon as practicable, does not alter the underlying requirement that the firm has to comply fully with the relevant requirements in ICOBS 8.4.4R(2) and ICOBS 8 Annex 1 (that is, not just to a material extent). So, it is possible that a firm will be able to comply with SUP 16.23A.5R(1) but continue to not fully comply with the underlying requirements, for example in respect of the policies falling outside the ninety-nine percent threshold. In relation to these policies, as well as those identified in any qualified director’s certificate, the firm will need to remedy errors or omissions as soon as practicable, and have systems and controls in place to give effect to these on an ongoing basis.

Auditor’s report

SUP 16.23A.6 R 28/09/2018

(1)
1A firm must obtain and submit to the FCA a report satisfying the requirements of SUP 16.23A.6R(2), prepared by an auditor satisfying the requirements of SUP 3.4 and SUP 3.8.5R to 3.8.6R, and addressed to the directors of the firm.
(2)
The report referred to in SUP 16.23A.6R(1) must:
1. (a)
  be prepared on the basis of providing an opinion under a limited assurance engagement confirming whether the auditor has found no reason to believe that the firm, solely in relation to the firm’s extraction of information from its underlying records, has not materially complied with the requirements in ICOBS 8.4.4R(2) and ICOBS 8 Annex 1 in the production of its employer’s liability register during the reporting period, having regard in particular to the possible errors and omissions referred to in SUP 16.23A.6R(2)(c) below;
2. (b)
  use the description of “material compliance” as referred to in SUP 16.23A.5R(2), adapted as necessary to apply solely to the firm’s extraction of information from its underlying records;
3. (c)
  address, in particular, the following risks:
  1. (i)
    information relating to certain policies issued or renewed on or after 1 April 2011 is entirely omitted from the register even though some relevant policy details are included in the firm’s underlying records;
  2. (ii)
    information relating to certain policies in respect of which claims were made on or after 1 April 2011 is entirely omitted from the register even though some relevant policy details are included in the firm’s underlying records;
  3. (iii)
    relevant information required to be included in the register, and which is included in the firm’s underlying records, is omitted from, or is inaccurately entered on to, the register; and
  4. (iv)
    information relating to policies which do not provide employers’ liability insurance are included in the register.

SUP 16.23A.7 R 28/09/2018

1For the purposes of SUP 16.23A.5R(1) and SUP 16.23A.6R(1) the director’s certificate and report prepared by an auditor must be obtained and submitted to the FCA within the timeframe set out in SUP 16.23A.3R(3)(a) and in the format set out in SUP 16 Annex 44AR.

SUP 16.24 Retirement income data reporting

Application

SUP 16.24.1 R 01/01/2021

1This section applies to:

(1)
1. (a)
  a firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme; and
2. (b)
  a firm with permission to effect or carry out contracts of insurance in relation to life and annuity contracts of insurance 2.
(2)
[deleted]3

Purpose

SUP 16.24.2 G 30/09/2018

(1)
The purpose of this section is to set out the requirements for the firms specified in SUP 16.24.1R to report retirement income data.
(2)
The purpose of collecting this data is to assist the FCA in the ongoing supervision of firms providing certain retirement income products and to enable the FCA to gain a wider understanding of market trends in the interests of protecting consumers.

Reporting requirement

SUP 16.24.3 R 30/09/2018

(1)
A firm must submit:
1. (a)
  a retirement income flow data return half-yearly; and
2. (b)
  a retirement income stock data and withdrawals flow data return annually;
within 45 business days of the end of the relevant reporting period.
(2)
The relevant reporting periods are as follows:
1. (a)
  for retirement income flow data returns, the six month periods ending on 31 March and 30 September in each calendar year;
2. (b)
  for retirement income stock data and withdrawals flow data returns, the twelve month period ending on 31 March in each calendar year.
(3)
A firm must submit a nil return if there is no relevant data to report.
(4)
A firm must submit its completed returns to the FCA online through the appropriate systems accessible from the FCA’s website using the forms set out in SUP 16 Annex 43AR.

SUP 16.24.4 G 30/09/2018

Guidance for completion of the returns in SUP 16.24.3R(1) is set out in SUP 16 Annex 43BG.

SUP 16.24.5 G 30/09/2018

Firms’ attention is drawn to SUP 16.3.25G regarding reports from a group.

SUP 16.25 Claims management reporting

Application

SUP 16.25.1 G 01/04/2019

1The effect of SUP 16.1.3R is that this section applies to a firm with permission to carry on regulated claims management activities.

Purpose

SUP 16.25.2 G 01/04/2019

(1)
1The purpose of this section is to ensure that the FCA receives, on a regular basis, comprehensive information about the activities of firms which carry on regulated claims management activities.
(2)
The purpose of collecting this data is to monitor firms’ compliance with applicable rules and to assess and identify any emerging risks within the claims management industry.

Requirement to submit Annual Claims Management Report

SUP 16.25.3 R 01/04/2019

1A firm must submit an Annual Claims Management Report to the FCA annually in respect of the period of 12 months ending on the firm’s accounting reference date.

SUP 16.25.4 G 01/04/2019

1 Firms are only required to disclose in Annual Claims Management Reports information relating to the part of their business which is involved in carrying on regulated claims management activities and ancillary activities, except for questions 13 to 15, 19 to 27 and 30 to 34, which relate to the firm as a whole.

Method for submitting Annual Claims Management Report

SUP 16.25.5 R 01/04/2019

1A firm must submit an Annual Claims Management Report in the format as set out in SUP 16 Annex 45AR, using the appropriate online systems specified on the FCA’s website.

SUP 16.25.6 G 01/04/2019

1A firm submitting an Annual Claims Management Report should read the guidance notes available in SUP 16 Annex 45BG.

Time period for submitting Annual Claims Management Report

SUP 16.25.7 R 01/04/2019

1A firm must submit the Annual Claims Management Report within 30 business days of the firm’s accounting reference date.

Group reporting

SUP 16.25.8 R 01/04/2019

1If a group includes more than one firm, a single Annual Claims Management 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 the firms in the group, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their firm reference numbers. Nevertheless, the requirement to provide a report and the responsibility for the report remain with each firm in the group.

SUP 16.26 Reporting of information about Directory persons

Application

SUP 16.26.1 R 07/12/2020

2This section of the FCA Handbook applies to an SMCR firm but it does not apply to a pure benchmark SMCR firm 1.

SUP 16.26.2 G 09/09/2019

(1)
2This section requires an SMCR firm to report information about its Directory persons to the FCA.
(2)
An SMCR firm will need to report information about all of its Directory persons. A firm may also need to report information if it is a sole trader or if it has appointed an appointed representative.
(3)
This section is also relevant to a Directory person whose name is or will be included in the Directory.

Purpose

SUP 16.26.3 G 09/09/2019

(1)
2 Section 347(1) of the Act requires the FCA to maintain a record of various categories of person, such as authorised persons and approved persons as well as every person falling within such other classes as the FCA may determine (see section 347(1)(i)).
(2)
The FCA has determined that individuals who are Directory persons should be included on the record required by section 347(1) of the Act (see section 347(1)(i) of the Act).
(3)
The FCA is required to make the record available for inspection by members of the public in legible form at such times or places as the FCA may determine (see section 347(5) of the Act).

SUP 16.26.4 G 09/09/2019

2The FCA expects there to be a number of benefits from the Directory being available for public inspection. For example, a client will be able to verify information about a Directory person who it is proposed will be involved in the provision of a service to them. Or a firm might cross-check information about a Directory person before that individual is hired by the firm.

SUP 16.26.5 G 09/09/2019

(1)
2This section contains rules which require an SMCR firm to report specified information to the FCA about its Directory persons for the purposes of that information being included in the Directory.
(2)
This section also contains rules which require reporting of additional information to the FCA about Directory persons. This includes a Directory person’s date of birth, and, as the case may be, National Insurance number or passport number. The FCA needs this to ensure that information which is reported by a firm about a particular individual is as accurate as possible, for example, to prevent confusion between individuals with similar names. The information will also help the FCA in carrying out of its functions, for example, in its arrangements for supervising and enforcing compliance with relevant rules or requirements. However, this additional information will not be made available to the public through the Directory.

Reporting requirements: complete and accurate information

SUP 16.26.6 R 09/09/2019

(1)
2An SMCR firm must submit a duly completed and accurate report to the FCA for each Directory person in accordance with the provisions of this section.
(2)
The report for each Directory person must contain the information set out in SUP 16 Annex 47AR, and be:
1. (a)
  submitted online through the appropriate system which is accessible from the FCA website; and
2. (b)
  in the appropriate format.

SUP 16.26.7 R 09/09/2019

(1)
2When submitting a report to the FCA in respect of a Directory person an SMCR firm must confirm that all the information being reported to the FCA in respect of that Directory person is complete and accurate.
(2)
That confirmation must be given online through the appropriate system which is accessible from the FCA website.

SUP 16.26.8 G 09/09/2019

(1)
2The information reported by the firm in respect of a Directory person which is to be included in the Directory will be uploaded onto the Directory shortly after the report is submitted.
(2)
It is the responsibility of a firm to ensure that any information that it reports about relevant Directory persons is accurate and complete.
(3)
The FCA will not verify the information about Directory persons which is reported by a firm.
(4)
If a firm becomes aware of any inaccuracies or errors in the information reported about a Directory person it must rectify that information in accordance with applicable data protection legislation.

SUP 16.26.9 G 09/09/2019

2There are notes which accompany SUP 16 Annex 47AR (Directory persons report) which are intended to help firms report the required information. The notes are in SUP 16 Annex 47BG (Guidance notes for Directory persons report in SUP 16 Annex 47AR).

SUP 16.26.10 R 09/09/2019

2 SUP 16.3.11R (Complete reporting) applies to the submission of Directory persons reports by an SMCR firm.

Reporting requirements: exceptional circumstances

SUP 16.26.11 R 09/09/2019

2A firm may not report the information required in SUP 16 Annex 47AR (15) where that firm has reason to believe that making public a Directory person’s workplace location would put them at risk.

Frequency and timing of reports: general

SUP 16.26.12 R 09/09/2019

(1)
2A firm must submit a report required by this section in the frequency, and so as to be received by the FCA no later than the due date, specified for such a report.
(2)
If a firm becomes aware of any inaccuracies or errors in the information reported about a Directory person it must rectify that information as soon as possible in accordance with applicable data protection legislation (see also SUP 16.26.6R and SUP 16.26.8G).

Frequency and timing of reports: certification employees

SUP 16.26.13 R 09/09/2019

2In respect of a certification employee, an SMCR firm must submit a report within seven business days of:

(1)
the certification employee commencing performance of a certification function;
(2)
the certification employee ceasing performance of a certification function; or
(3)
the firm becoming aware of any other change to the information last reported to the FCA in respect of that certification employee.

SUP 16.26.14 G 09/09/2019

2An example of when an SMCR firm would need to submit a report to the FCA under SUP 16.26.13R(3) is where the individual changes their name.

Seven business days is intended to be the maximum length of time for making a notification. By reporting more quickly, firms can improve the accuracy of the information included in the Directory.

Frequency and timing of reports: non-SMF director Directory person

SUP 16.26.15 R 09/09/2019

2In respect of a non-SMF director Directory person, an SMCR firm must submit a report within seven business days of:

(1)
that person becoming a non-SMF director Directory person at the firm; or
(2)
that person ceasing to be a non-SMF director Directory person at the firm; or
(3)
the firm becoming aware of any other change to the information last reported to the FCA in respect of that individual.

Frequency and timing of reports: sole trader Directory person or appointed representative Directory person

SUP 16.26.16 R 09/09/2019

2In respect of an appointed representative Directory person or a sole trader Directory person, an SMCR firm must submit a report within seven business days of:

(1)
that person commencing performance of a function which requires a qualification under TC App 1.1 (Activities and Products/Sectors to which TC applies subject to Appendices 2 and 3);
(2)
that person ceasing to perform a function which requires a qualification under TC App 1.1 (Activities and Products/Sectors to which TC applies subject to Appendices 2 and 3); or
(3)
the firm becoming aware of any other change to the information last reported to the FCA in respect of that individual.

SUP 16.26.17 R 09/09/2019

(1)
2If the FCA’s information technology systems fail and online submission of the reports required under this section is not possible on the reporting day (see paragraph (3)), the time period for submission of reports is extended in accordance with paragraph (2).
(2)
If on the reporting day, the online submission of reports is not possible for more than one hour, the firm must submit the relevant report on the first business day on which the online submission of reports is next possible.
(3)
In this rule, the “reporting day” is the day on which the firm must submit a report under this section as determined in accordance with SUP 16.26.13R to SUP 16.26.16R.

Frequency and timing of reports: reporting to the FCA at least once every twelve months

SUP 16.26.18 R 09/09/2019

(1)
2Paragraph (2) applies where an SMCR firm has not submitted any reports to the FCA in respect of a Directory person in accordance with the provisions of this section within the relevant period (see SUP 16.26.20R).
(2)
An SMCR firm must submit a report to the FCA confirming that the information previously reported by the firm in respect of its Directory persons remains accurate and up-to-date.
(3)
The confirmation to be submitted to the FCA under paragraph (2) must be submitted no later than the first business day following the end of the relevant period (see SUP 16.26.20R).

SUP 16.26.19 R 09/09/2019

2An SMCR firm may submit a confirmation of accuracy at any time.

SUP 16.26.20 R 09/09/2019

(1)
2For the purposes of SUP 16.26.18R, the “relevant period” is the period which:
1. (a)
  starts on the day on which the SMCR firm last:
  1. (i)
    submitted a report to the FCA in respect of any of its Directory persons; or
  2. (ii)
    submitted a confirmation in accordance with SUP 16.26.18R;
  3. (iii)
    submitted a confirmation in accordance with SUP 16.26.19R; and
2. (b)
  subject to (2), ends 364 days after the day specified in (a).
(2)
If the relevant period includes the 29 February of a given year, the period ends 365 days after the day specified in paragraph (1)(a).

Failure to submit a report

SUP 16.26.21 R 09/09/2019

2 SUP 16.3.14R (Failure to submit reports) applies to the failure by an SMCR firm to submit a complete report about its Directory persons in accordance with the rules set out in this section by the date on which it is due.

SUP 16.26.22 G 09/09/2019

2Failure to submit a report in accordance with the rules in, or referred to in, this chapter or the provisions of relevant legislation may also lead to the imposition of a financial penalty and other disciplinary sanctions.

SUP 16.26.23 G 09/09/2019

2The firm is responsible for ensuring delivery of the required report by the relevant due date. If a report is received by the FCA after the due date and the firm believes its delivery arrangements were adequate, it may be required to provide proof of those arrangements.

SUP 16.27 General insurance value measures reporting

Application

Who?

SUP 16.27.1 R 01/07/2021

1The effect of SUP 16.1.1R is that this section applies to every firm of a type listed in column 1 of the table in SUP 16.27.8R.

SUP 16.27.2 R 01/07/2021

1The rules in this section do not apply to a TP firm or a Gibraltar-based firm where the state of the risk is an EEA State or Gibraltar, to the extent that the EEA State in question or Gibraltar imposes measures of like effect.2

What?

SUP 16.27.3 R 01/07/2021

1This section applies to a firm which has carried on the business described in column 2 of the table in SUP 16.27.8R in relation to general insurance contracts:

(1)
which are of a product type set out in SUP 16 Annex 48R;
(2)
excluding contracts set out in SUP 16.27.4R; and
(3)
excluding contracts entered into where the customer was habitually resident outside the UK at the time.

SUP 16.27.4 R 01/07/2021

1This section does not apply in relation to the following types of general insurance contracts:

(1)
no claims bonus protection;
(2)
private medical insurance;
(3)
contracts provided with a packaged bank account;
(4)
contracts entered into by a commercial customer; or
(5)
group policies.

Purpose

SUP 16.27.5 G 01/07/2021

(1)
3The purpose of this section is to require firms to submit information on certain value measures general insurance contracts in a standard format to the FCA. This information enables the publication of the value measures data in the pursuance of the FCA’s effective competition and consumer protection objectives.
(2)
3The purpose of SUP 16.27 is to provide the FCA with general insurance value measures data that it can use to publish guidance (and which may also assist with the FCA’s monitoring of firms’ compliance with PROD 4.5). The purpose of that publication is to:
1. (a)
  promote competition in relation to product value, by creating incentives for firms to make improvements to products and address poor product performance; and
2. (b)
  protect consumers by reducing the potential for harm caused by the sale or purchase of poor value products.

Definitions

SUP 16.27.6 R 01/07/2021

1In this section and SUP 16 Annex 48R, SUP 16 Annex 48AR and SUP 16 Annex 48BG:

“add-on policy” means	a policy that is sold in connection with, or alongside, another product.
“average claims pay-out” means	total claims pay-out cost divided by the number of claims where all or part of the claim has been accepted and a pay-out has been made and/or benefits provided and the claim is closed at the end of the reporting period.
“average number of policies in force” means	the average number of policies in force during the relevant reporting period, calculated by adding up the total policies in force at the end of each month and dividing by the total number of months in the reporting period.
“claim” means	any claim made by a potential beneficiary, including queries in respect of a potentially claimable event or loss (which has taken place).
“claims acceptance rate” means	(a) the number of claims registered; less (b) the number of claims rejected; divided by (c) the number of claims registered.
“claims accepted” means	claims where all or part of the claim has been accepted and a pay-out has been made and/or benefit provided, and the claim is closed or settled during the reporting period.
“claims complaints” means	complaints of a type that are reported in column O of the DISP 1 Annex 1R Table 4 or would have been reported if the threshold of 500 opened complaints was disregarded.
“claims complaints as a percentage of claims” means	the percentage calculated using the formula: A/B x 100 where: (a) A = claims complaints (b) B = claims registered
“claims frequency” means	the number of claims registered divided by the average number of policies in force.
“claims pay-out cost” means	the total costs of providing benefits to policy beneficiaries in relation to claims accepted during the reporting period including: (a) the total monetary value (£) of claim pay-outs; (b) the total cost incurred by the provider firm in providing non-monetary benefits; and (c) specific claims costs incurred by the provider firm in handling individual claims including claims investigation costs.
“claims registered” means	all claims during the reporting period less the number of: (a) claims walkaways; (b) claims in respect of which the potential beneficiary reports an event or loss giving rise to the claim but does not wish to make a claim; (c) claims rejected for insurance fraud; and (d) claim rejected because the policy has been lawfully voided by the insurer.
“claims rejected” means	claims by potential beneficiaries of the policy, declined or rejected in the reporting period, regardless of: (a) when the claim was registered; (b) whether or not the claim is rejected at the first notification of loss; (c) whether the claim is rejected for breach of a policy condition, pursuant to an applicable policy exclusion, due to the application of an excess or otherwise, but excluding claims rejected for insurance fraud or because the policy has been lawfully voided by the insurer.
“claims walkaways” means	claims closed during the reporting period due to the potential beneficiary not pursuing the claim.
“distribution arrangement” means	in relation to the relevant product, each distribution arrangement through which the product is sold, as identified by the consumer facing firm or brand.
“no claims bonus protection” means	a contract of insurance which will, in the event of a claim, within certain limits, protect the purchaser’s number of years during which a person is deemed not to have made a claim for the purposes of calculating the no claims bonus discount incorporated by a provider into the price of a motor insurance product.
“policy sales” means	policies sold in the reporting period, including renewals, and regardless of the period covered by the contracts.
“reporting period” means	(a) the period beginning on 1 January and ending on 31 December; or (b) any shorter period in accordance with SUP 16.27.12 (2).
“stand-alone policy” means	a policy that is not sold in connection with, or alongside, another product.
“total gross retail premiums (written)” means	the total amount of gross written premium, based on the premiums charged to the end consumer (excluding insurance premium tax) in relation to policies sold during the reporting period.
“value measures data” means	the data required to be included in a value measures report and set out in SUP 16.27.10R to 16.27.11R.
“value measures report” means	the report referred to in SUP 16.27.7R.

Requirement to submit a value measures report

SUP 16.27.7 R 01/07/2021

1Where a firm of a type set out in column 1 of the table in SUP 16.27.8R has carried on the business in column 2 of the same row in relation to the products set out in SUP 16 Annex 48R, it must:

(1)
submit to the FCA a report containing the value measures data in relation to that business; and
(2)
submit the report in accordance with SUP 16.27.12R to SUP 16.27.17R.

SUP 16.27.8 R 01/07/2021

1This is the table referred to in SUP 16.27.7R.

(1) Type of firm	(2) Nature of business
An insurer other than a TP firm or Gibraltar-based firm2	all contracts of insurance effected by the insurer.
A TP firm or Gibraltar-based firm2	all contracts of insurance effected by the TP firm or Gibraltar-based firm2 from an establishment of the firm2 (or its appointed representative) in the UK.
A TP firm or Gibraltar-based firm2	all contracts of insurance effected by the firm2 (a) from an establishment outside the UK with a customer in the UK 2; and (b) which were not manufactured by a firm2 operating from an establishment in the UK.
A firm2 manufacturing from an establishment in the UK	all contracts of insurance effected by a TP firm or Gibraltar based-firm from an establishment outside the UK with a customer in the UK 2.
A firm, a TP firm or a Gibraltar-based firm2 which, from an establishment in the UK, either: (1) manufactures; or, if not, (2) advises on or proposes contracts of insurance which it does not manufacture.	all contracts of insurance effected by a firm2 from an establishment outside the UK with a customer in the UK without carrying on a regulated activity in the UK 2.
An insurance intermediary	contracts of insurance in relation to which: (a) the insurance intermediary carried on or was responsible for insurance distribution activities; and (b) the provider entering into the contract as principal is not an authorised person in relation to that activity. References to firms in SUP 16 include references to these unauthorised providers, where the context requires.
A managing agent	any contracts of insurance written at the Society.

SUP 16.27.9 R 17/12/2021

1 Firms must comply with the following in relation to the table in SUP 16.27.8R:

(1)
where different insurers underwrite different elements of the cover that form part of the same policy, then the insurer underwriting the main part of the cover (and in the event of any doubt, the first part of the cover recorded in the policy) must report the value measures data for all elements of the cover (including optional extras and cover extensions);
(2)
the exception to (1) is in relation to policies which include a legal expenses product element (after the event or before the event legal expenses,4 as described in SUP 16 Annex 48R), where the insurer of the legal expenses element must separately report the value measures data for the legal expenses element; and
(3)
references to manufacturing are to manufacturing in whole or in part. Where there is more than one firm referred to in column 1 that manufactures a contract of insurance, then only one must report the value measures data and each firm must agree in writing with the others which firm is responsible.

Content of the report and value measures data

SUP 16.27.10 R 01/07/2021

1A value measures report must contain value measures data set out in SUP 16.27.11R as follows:

(1)
the data must be completed in respect of each of the products set out in SUP 16 Annex 48R; and
(2)
the data must only be included in relation to each product within the scope of SUP 16.27 where both of the following criteria have been met in respect of that product in the relevant reporting period:
1. (a)
  total gross retail premiums (written) exceed £400,000; and
2. (b)
  more than 3,000 policies involving the firm in the manner set out in column 2 of SUP 16.27.8R are in force.

SUP 16.27.11 R 01/07/2021

1The value measures data is:

(1)
the number of policy sales;
(2)
total gross retail premiums (written);
(3)
the number of claims registered;
(4)
average number of policies in force;
(5)
claims frequency;
(6)
the number of claims accepted;
(7)
the number of claims rejected;
(8)
claims acceptance rate;
(9)
total claims pay-out cost;
(10)
average claims pay-out;
(11)
the amount that the top 2% of claim pay-outs are above;
(12)
the names of the five largest distribution arrangements;
(13)
the number of claims walkaways;
(14)
the number of claims complaints; and
(15)
claims complaints as a percentage of claims.

Annual submission date and reporting period

SUP 16.27.12 R 01/07/2021

(1)
1The value measures report must be submitted annually on or before 28 February and contain information in relation to the immediately preceding reporting period.
(2)
Where a firm carried on business in relation to one or more of the products set out in SUP 16 Annex 48R for part of a reporting period, its value measures report should contain value measures data for the part of the reporting period that it operated.

Format and method of submission and format

SUP 16.27.13 R 01/07/2021

1A value measures report must be completed using the form and format set out in SUP 16 Annex 48AR, using the notes for completion in SUP 16 Annex 48BG.

SUP 16.27.14 R 01/07/2021

1The report must be submitted online through the appropriate systems accessible from the FCA’s website.

SUP 16.27.15 R 01/07/2021

1A value measures report will not be considered as submitted to the FCA unless all the mandatory reporting fields set out in SUP 16 Annex 48AR have been completed correctly and the report has been accepted by the relevant FCA reporting system.

SUP 16.27.16 G 01/07/2021

1If the FCA’s information technology systems fail and online submission is unavailable for 24 hours or more, the FCA will endeavour to publish a notice on its website confirming that online submission is unavailable and that the alternative methods of submission set out in SUP 16.3.9R (Method of submission of reports) should be used.

Value measures disclosure

SUP 16.27.17 R 01/07/2021

1Any firm that submits a value measures report to the FCA must include a statement that:

(1)
it understands that the FCA produces and publishes guidance that contains the value measures data that the firm submitted to the FCA; and/or
(2)
it has informed any other firm to whom the relevant value measures data relate that the FCA publishes the guidance referred to in (1).

Publication of value measures data by the FCA

SUP 16.27.18 G 01/07/2021

1The FCA publishes guidance that contains the value measures data for the following purposes:

(1)
to promote competition in relation to product value, by creating incentives for firms to make improvements to products and address poor product performance; and
(2)
to protect consumers by reducing the potential for harm caused by the sale or purchase of poor value products.

SUP 16.27.19 G 01/07/2021

1The FCA publishes firm-level value measures data in bands. The FCA will only publish firm-level value measures data in bands for claims frequency, claims acceptance rate, average claims pay-outs and claims complaints as a percentage of claims where the value measures report shows that, in respect of the relevant product, both of the criteria in SUP 16.27.10R(2)(a) and (b) have been met.

SUP 16.28 Home insurance and motor insurance pricing reporting

Application

Who?

SUP 16.28.1 R 01/01/2022

1The effect of SUP 16.1.1R is that this section applies to every firm of a type listed in column 1 of the table in SUP 16.28.8R.

What?

SUP 16.28.2 R 01/01/2022

This section applies to a firm which has carried on the business described in column 2 of the table in SUP 16.28.8R in relation to any of the following types of general insurance contracts:

(1)
home insurance; or
(2)
motor insurance.

SUP 16.28.3 R 01/01/2022

This section does not apply in relation to the following types of products:

(1)
policies entered into by a commercial customer; or
(2)
group policies.

Purpose

SUP 16.28.4 G 01/01/2022

The purpose of this section is to require firms to submit information on their home insurance and motor insurance contracts, add on policies and retail premium finance in a standard format to the FCA. This information will assist the FCA in pursuing the purposes of SUP 16.28 as set out in SUP 16.2.1G.

Definitions

SUP 16.28.5 R 01/01/2022

In this section and SUP 16 Annex 49AR and SUP 16 Annex 49BG:

“add-on policy” means	An additional product which is a general insurance contract sold as a separate contract or policy in connection with, or alongside, a motor insurance or home insurance policy.
“average prior year gross premium” means	The average gross premium paid by a customer of tenure Tn for the product in the reporting category when that customer’s tenure was Tn-1.
“buildings and contents” means	Home insurance cover for both the structure and contents of domestic properties, including any core related liability cover.
“buildings only” means	Home insurance cover for the structure of (but not the contents of) domestic properties, including any core related liability cover.
“claims-related reporting period” means	The period elected by a firm for the purposes of providing the additional claims-related information in SUP 16.28.12R for the core product which must be either (i) the reporting period or (ii) to the extent that it is different from the reporting period, the firm’s own financial year.
“contents only” means	Home insurance cover for the contents of (but not the structure of) domestic properties, including any core related liability cover.
“core product” means	The home insurance or motor insurance policy, including any cover extension or optional extra which forms part of the same contract as that policy, irrespective of whether that cover extension or optional extra is an additional product.
“expected claims cost” means	The expected risk cost when calculating the policy’s premium, excluding any loading for expenses (including claims handling) or profit and gross of reinsurance.
“expected claims ratio” means	The expected claims cost as a percentage of the gross written premium.
“fees” means	A firm’s remuneration in relation to its home insurance and motor insurance business which is paid by the customer and which is not included in the gross premium paid by the customer for the core product, add-on policy or retail premium finance as reported by the firm.
“gross premium” means	The gross price charged for a core product or add-on policy.
“net-rated premium” means	The net-rated price charged for a core product or add-on policy.
“price-setting intermediary” means	An insurance intermediary whose role includes setting the gross premium paid by the customer for the core product or setting the price of any add-on policy, or retail premium finance.
“reporting period” means	the 12-month period beginning on 1 January and ending on 31 December.

Requirement to submit a pricing information report

SUP 16.28.6 R 01/01/2022

Where a firm of a type set out in column 1 of the table in SUP 16.28.8R has carried on the business in column 2 of the same row in relation to home insurance or motor insurance products, it must:

(1)
submit to the FCA a report containing the specified information in relation to their home insurance and motor insurance products, add-on policies, retail premium finance and fees; and
(2)
submit the report in accordance with SUP 16.28.14R to SUP 16.28.18R.

SUP 16.28.7 R 01/01/2022

A TP firm or a Gibraltar-based firm which is of a type set out in column 1 of the table in SUP 16.28.8R (or which is treated as if it is) and has carried on the business in column 2 of the same row in relation to home insurance or motor insurance products in the UK must:

(1)
submit to the FCA a report containing the specified information in relation to their UK home insurance and motor insurance products, add on policies, retail premium finance and fees; and
(2)
submit the report in accordance with SUP 16.28.14R to SUP 16.28.18R.

SUP 16.28.8 R 01/01/2022

This is the table referred to in SUP 16.28.1R,16.28.2R, 16.28.6R and 16.28.7R

(1) Type of firm	(2) Nature of business
An insurer	Contracts of insurance effected by the insurer.
A non-price setting insurance intermediary	Contracts of insurance in relation to which: (a) the insurance intermediary carried on or was responsible for insurance distribution activities; but (b) the firm was not acting as a price-setting intermediary.
A price-setting insurance intermediary	Contracts of insurance, in relation to which: (a) the price-setting intermediary carried on or was responsible for insurance distribution activities; and (b) the firm was acting as a price-setting intermediary.
A managing agent	Contracts of insurance written at Lloyd’s.
An insurer, insurance intermediary or managing agent	Additional products relating to contracts of insurance where the firm is responsible for setting the price of the additional product.

SUP 16.28.9 R 01/01/2022

Firms must comply with the following in relation to the table in SUP 16.28.8R.

(1)
Where different insurers or managing agents underwrite different elements of the cover that forms part of the same core policy, then the insurer or managing agent underwriting the largest proportion of the cover (and in the event of any doubt, the first part of the cover recorded in the policy) must report the pricing information in SUP 16.28.11R and SUP 16.28.12R for all elements of the policy.
(2)
Only the firm which sets the price of an additional product to be paid by a consumer is required to report the pricing information in SUP 16.28.13R in respect of that additional product. Where the additional product is retail premium finance and its price is set by a retail premium finance provider (and not by an insurer, an insurance intermediary or managing agent), the insurer, insurance intermediary or managing agent which has the direct relationship with the consumer must report the pricing information in SUP 16.28.13R in respect of that retail premium finance.
(3)
Only the firm which levies fees on a consumer is required to report the pricing information in SUP16.28.13R in respect of those fees.
(4)
Where an insurance intermediary forgoes commission or gives a cash or cash-equivalent incentive (within the meaning of ICOBS 6B.2.12R) on the premium on gross-rated business, this business must only be reported by the insurer with its gross-rated business (not separately by the insurance intermediary).2
(5)
An insurance intermediary must notify the FCA if the firm forgoes commission or gives a cash or cash-equivalent incentive (within the meaning of ICOBS 6B.2.12R) on the gross price set by the insurer on either or both of more than 25% of the home insurance policies or more than 25% of the motor insurance policies sold by the firm in a reporting period.2

Content of the report and pricing information

16.28.10 R 01/01/2022

A pricing information report must contain pricing information set out in SUP 16.28.11R (core pricing information for the core product ), SUP 16.28.12R (additional claims-related information for the core product) and SUP 16.28.13R (pricing information for related additional products and fees) as follows:

(1)
the information must be completed separately in respect of each firm’s home insurance and motor insurance business;
(2)
where a firm has a multi-product policy which includes both home insurance and motor insurance in a single policy, that policy should be split between home insurance and motor insurance and reported as two separate policies.
(3)
the information in SUP 16.28.11R and SUP 16.28.12R must be provided on an aggregated basis for each of the following product types in a firm’s motor insurance business, including the closed books which must also be separately disclosed in (11) below:
1. (a)
  car;
2. (b)
  motorcycles, including tricycles; and
3. (c)
  other (being product types not included in (a) or (b));
(4)
the information in SUP 16.28.11R and SUP 16.28.12R must be provided on an aggregated basis for each of the following product types in a firm’s home insurance business, including the closed books which must also be separately disclosed in (11) below:
1. (a)
  buildings only;
2. (b)
  contents only; and
3. (c)
  buildings and contents;
(5)
in respect of the information in SUP 16.28.11R only, the aggregated information for each of the categories set out in (3) and (4) must be further split out into products sold via the following types of channel:
1. (a)
  direct (aggregated across all direct sales including telephone, internet and branch);
2. (b)
  price comparison websites (aggregated across all price comparison websites);
3. (c)
  intermediated (aggregated across sales made through insurance intermediaries, excluding those sales included in (b) or (d); and
4. (d)
  affinity/partnership schemes (aggregated across all such schemes);
(6)
in splitting the information in SUP 16.28.11R on products into the types of channel via which they were sold in accordance with (5), products should be allocated to the type of channel used to determine the channel for the purposes of determining the equivalent new business price for that customer in accordance with ICOBS 6B.2.5R;
(7)
where a price-setting intermediary makes sales directly to consumers, the information in SUP 16.28.11R on these products should be allocated to the direct sales type of channel in (5)(a), not the intermediated type of channel in (5)(c);
(8)
the pricing information in SUP 16.28.11R for each type of channel in (5) must be further split into categories representing the tenure of the customers (broken down by the year of tenure);
(9)
insurers and managing agents must report the required information in SUP 16.28.11R for each channel and tenure combination as derived from (5) and (8) separately for gross-rated business and net-rated business;
(10)
in respect of the information in SUP 16.28.12R only, the aggregated information for each of the categories set out in (3) and (4) must be reported as the total aggregated for each product type3 (no split between type of channel or tenure);
(11)
pricing information in SUP 16.28.11R only must also be provided separately, split into the type of home insurance product or motor insurance product (where relevant) for each segment of business that:
1. (a)
  is a closed book containing 10,000 policies or more; or
2. (b)
  comprises all other closed books which are not reported in (a) above, on an aggregated basis;
(12)
the pricing information for closed books in (11) must be further split out into categories representing the tenure of customers (broken down by year of tenure);
(13)
pricing information in SUP 16.28.13R for related additional products must be split out between each of the following:
1. (a)
  retail premium finance; and
2. (b)
  add-on policies;
(14)
pricing information in SUP 16.28.13R for fees must be split out between each of the following:
1. (a)
  pre-contractual fees; and
2. (b)
  post-contractual fees; and
(15)
the pricing information in (13) and (14) must then be further split into categories representing the tenure of the customers (broken down by the year of tenure).1

SUP 16.28.11 R 01/01/2022

The core pricing information for the core product is:

(1)
total gross written premium;
(2)
total net-rated written premium (net-rated business only);
(3)
average gross premium;
(4)
average net-rated premium (net-rated business only);
(5)
average prior year gross premium;
(6)
number of policies in force at the end of the reporting period;
(7)
total number of policies incepted or renewed;
(8)
expected claims ratio;
(9)
expected claims cost; and
(10)
proportion of customers where the expected claims ratio falls within each of the following bandings:
1. (a)
  greater than 0% but less than or equal to 10%;
2. (b)
  greater than 10% but less than or equal to 20%;
3. (c)
  greater than 20% but less than or equal to 30%;
4. (d)
  greater than 30% but less than or equal to 40%;
5. (e)
  greater than 40% but less than or equal to 50%;
6. (f)
  greater than 50% but less than or equal to 60%;
7. (g)
  greater than 60% but less than or equal to 70%;
8. (h)
  greater than 70% but less than or equal to 80%; and
9. (i)
  greater than 80%.

SUP 16.28.12 R 01/01/2022

The additional claims-related information for the core product is:

(1)
total earned premium;
(2)
average earned premium;
(3)
gross incurred claims ratio;
(4)
developed gross incurred claims ratio for the claim-related reporting period 1 year prior to the current such period;
(5)
developed gross incurred claims ratio for the claim-related reporting period 2 years prior to the current such period;
(6)
developed gross incurred claims ratio for the claim-related reporting period 3 years prior to the current such period;
(7)
total prior year’s reserve release; and
(8)
total prior year’s reserve strengthening.

SUP 16.28.13 R 01/01/2022

The pricing information for related additional products and pre- and post-contractual fees that are not part of the gross premium for the core product is:

(1)
the total charged for retail premium finance (including retail premium finance on add-on policies);
(2)
the number of customers with retail premium finance;
(3)
the APR range;
(4)
the total gross written premiums for add-on policies incepted or renewed;
(5)
the number of add-on policies incepted or renewed;
(6)
the total pre-contractual fees paid by all customers;
(7)
the average pre-contractual fees across those customers who incurred fees;
(8)
the total post-contractual fees paid by all customers; and
(9)
the average post-contractual fees across those customers who incurred fees.

Annual submission date and reporting period

SUP 16.28.14 R 01/01/2022

The pricing information report containing the information in SUP 16.28.11R and SUP 16.28.13R in relation to the reporting period (which begins on 1 January and ends on 31 December of the immediately preceding calendar year) must be submitted annually on or before 31 March.

SUP 16.28.15 R 01/01/2022

The pricing information report containing the information in SUP 16.28.12R in relation to the claims-related reporting period must be submitted either:

(1)
where a firm’s claims-related reporting period is the reporting period, annually on or before 31 March; or
(2)
where a firm’s claims-related reporting period is not the reporting period, annually on the date which is 3 months following the end of the claims-related reporting period.

Format and method of submission and format

SUP 16.28.16 R 30/09/2022

A pricing information report must be completed using the forms4 and format set out in SUP 16 Annex 49AR, using the notes for completion in SUP 16 Annex 49BG.

SUP 16.28.17 R 01/01/2022

The report must be submitted online through the appropriate systems accessible from the FCA’s website.

SUP 16.28.18 R 01/01/2022

A pricing information report will not be considered as submitted to the FCA unless all the mandatory reporting fields set out in SUP 16 Annex 49AR have been completed correctly and the report has been accepted by the relevant FCA reporting system.

SUP 16.28.19 G 01/01/2022

If the FCA’s information technology systems fail and online submission is unavailable for 24 hours or more, the FCA will endeavour to publish a notice on its website confirming that online submission is unavailable and that the alternative methods of submission set out in SUP 16.3.9R (Method of submission of reports (see SUP 16.3.8R)) should be used.

SUP 16.29 MIFIDPRU Remuneration Report

Application

SUP 16.29.1 R 01/01/2022

1This section applies to a MIFIDPRU investment firm, except where:

(1)
the MIFIDPRU investment firm is part of a group to which prudential consolidation applies in accordance with provisions of the UK CRR and the PRA Rulebook; and
(2)
the reports in (3) have been submitted to the PRA on behalf of the consolidation group and each covers the MIFIDPRU investment firm.
(3)
the reports referred to in (2) are:
1. (a)
  the Remuneration Benchmarking Information Report; and
2. (b)
  the Higher Earners Report.

Purpose

SUP 16.29.2 G 01/01/2022

1The purpose of this section is to ensure that the FCA receives regular information in a standard format to assist it in assessing the effectiveness of a MIFIDPRU investment firm’s remuneration and incentive arrangements.

Reporting requirement

SUP 16.29.3 R 02/04/2024

1A firm to which this section applies must submit the MIFIDPRU Remuneration Report:

(1)
in the format set out in SUP 16 Annex 51R;
(2)
in accordance with the instructions in SUP 16 Annex 52G2; and
(3)
online through the appropriate systems accessible from the FCA’s website.

SUP 16.29.4 R 01/01/2022

1The information in the MIFIDPRU Remuneration Report must be denominated in pound sterling.

SUP 16.29.5 R 01/01/2022

1Where a MIFIDPRU investment firm does not form part of an investment firm group to which consolidation applies under MIFIDPRU 2.5, it must complete the report on a solo basis in respect of remuneration awarded in the last completed financial year to all relevant staff of the firm who mainly carried on their professional activities within the UK.

SUP 16.29.6 R 01/01/2022

1Where a MIFIDPRU investment firm forms part of an investment firm group to which consolidation applies under MIFIDPRU 2.5, it must not complete the report on a solo basis. The MIFIDPRU investment firm must complete the report on a consolidated basis in respect of remuneration awarded in the last completed financial year to all relevant staff of the firm who mainly undertook their professional activities within the UK.

SUP 16.29.7 G 01/01/2022

1 SUP 16.3.25G permits a single report to be submitted to meet the reporting requirements of all firms in a group.

Frequency and timing of report

SUP 16.29.8 R 01/01/2022

(1)
1A firm to which this section applies must submit a MIFIDPRU Remuneration Report to the FCA annually.
(2)
The firm must submit that report to the FCA within 4 months of the end of the firm’s accounting reference date.

SUP 16.30 Baseline Financial Resilience Report

Application

SUP 16.30.1 R 01/01/2024

1This section applies to any firm except:

SUP 16.30.2 R 01/01/2024

1This section also applies to:

(1)
an authorised electronic money institution;
(2)
an authorised payment institution;
(3)
a registered account information service provider;
(4)
a small electronic money institution;
(5)
a small payment institution; and
(6)
a UK RIE.

SUP 16.30.3 R 01/01/2024

1In this section, a reference to a firm includes the firms listed in SUP 16.30.2.

Purpose

SUP 16.30.4 G 01/01/2024

1The purpose of this section is to require firms to provide the FCA with regular information in a standard format. This information will assist the FCA in assessing firms’ financial resilience and targeting supervisory resources according to firms’ risk of failure and the harm they would cause if they failed.

Reporting requirement

SUP 16.30.5 R 01/01/2024

1A firm to which this section applies must submit FIN 073 (‘the Baseline Financial Resilience Report’):

(1)
in the format set out in SUP 16 Annex 53R;
(2)
in accordance with the instructions in SUP 16 Annex 54G; and
(3)
online, through the appropriate systems accessible from the FCA’s website.

SUP 16.30.6 R 01/01/2024

1The information in the Baseline Financial Resilience Report must be denominated in pound sterling.

Frequency and timing of report

SUP 16.30.7 R 01/01/2024

1A firm must submit the Baseline Financial Resilience Report:

(1)
once every quarter; and
(2)
within 20 business days after the relevant reporting reference date.

SUP 16.30.8 R 01/01/2024

1A firm’s reporting reference dates are:

(1)
Its accounting reference date;
(2)
Its accounting reference date plus 3 months;
(3)
Its accounting reference date plus 6 months; and
(4)
Its accounting reference date plus 9 months.

SUP 16.30.9 R 01/01/2024

1 The information in the Baseline Financial Resilience Report must show the position at the relevant reporting reference date.

SUP 16.31 Financial promotion approval reporting

Application – who?

SUP 16.31.1 R 06/11/2023

1This section applies to a firm (including a Gibraltar-based firm) with approver permission.

Application – what?

SUP 16.31.2 R 06/11/2023

1This section applies to a firm in relation to its approval of financial promotions for which it requires approver permission.

SUP 16.31.3 G 06/11/2023

1The effect of SUP 16.31.2R is that the rules in this section do not:

(1)
apply in relation to any financial promotions which a firm approves within the scope of an approver permission exemption;
(2)
require a firm to notify, or include within a bi-annual report details of, such financial promotions.

Purpose

SUP 16.31.4 G 07/02/2024

(1)
1The effect of section 55NA of the Act is that2 a firm is unable to approve a financial promotion unless:
1. (a)
  the firm is a permitted approver in relation to the financial promotion; or
2. (b)
  an approver permission exemption applies.
(2)
The rules in this section impose requirements on firms with approver permission to provide the FCA with information about their approval of financial promotions (other than in reliance on an approver permission exemption).
(3)
The purpose of these requirements is to enable the FCA to:
1. (a)
  effectively monitor the compliance of approved financial promotions with its financial promotion rules;
2. (b)
  identify where firms which have approved financial promotions approve amendments to, or withdraw approvals of, financial promotions for reasons which might give rise to a risk of harm to consumers; and
3. (c)
  identify any emerging risks to consumers.
(4)
The rules in this section include requirements to:
1. (a)
  notify the FCA in a timely manner of each:
  1. (i)
    approval of a financial promotion relating to a qualifying cryptoasset or non-mass market investment; or
  2. (ii)
    amendment or withdrawal of a prior approval of any financial promotion by reason of a notifiable concern; and
2. (b)
  provide a report to the FCA on a 6-monthly basis relating to the firm’s activity of approving financial promotions.

Approval notification requirement

SUP 16.31.5 R 06/11/2023

(1)
1A firm must submit the information in (3) to the FCA within 7 days of approving a financial promotion relating to:
1. (a)
  a qualifying cryptoasset; or
2. (b)
  a non-mass market investment.
(2)
A firm must submit the information in (3)(a) to the FCA within 7 days of:
1. (a)
  approving amendments to a financial promotion made because of a notifiable concern; or
2. (b)
  withdrawing approval of a financial promotion because of a notifiable concern.
(3)
The information is:
1. (a)
  the information in the table at SUP 16.31.6R; and
2. (b)
  a copy of each of the communications comprising the financial promotion (see SUP 16.31.12G(1)) that is the subject of the financial promotion.

SUP 16.31.6 R 06/11/2023

1This is the table referred to in SUP 16.31.5R.

	Approving a financial promotion	Approving amendments to a financial promotion	Withdrawing approval of a financial promotion
(1)	The reason for making the notification.
(2)		The reference number for any previous notification submitted pursuant to SUP 16.31.5R relating to the approval of the financial promotion.
(3)	The name of the controlled investment (or person engaging in controlled claims management activity) to which the financial promotion relates.
(4)	The kind of investment (or controlled claims management activity) to which the financial promotion relates (selected from the list in SUP 16 Annex 55R).
(5)	Whether the investment that is the subject of the financial promotion is subject to a restriction on its promotion as a restricted mass market investment or non-mass market investment.
(6)	The name of the unauthorised person or persons who has or have prepared the content of the financial promotion for which approval is sought.
(7)	Whether the unauthorised person or persons in (6) carry on their business from a place of business outside the UK and, if so, the primary country from which that business is carried on.
(8)	Where the unauthorised person or persons in (6) is or are bodies corporate, their Companies House number(s) (or international equivalent(s)).
(9)	Where the financial promotion may be addressed to, or disseminated in such a way that it is likely to be received by, retail clients and where relevant: (a) the size, or potential size, of the offer (expressed in sterling); and (b) the maximum rate of return included in the financial promotion (expressed as a percentage).
(10)	The date of the approval.		The date of the withdrawal of the approval.
(11)		The date on which the financial promotion was first approved.
(12)	The medium (or media) by which the financial promotion will, or is intended to, be communicated.	The medium (or media) by which the amended financial promotion will, or is intended to, be communicated.	The medium (or media) in relation to which approval of the financial promotion has been withdrawn.
(13)		The reason(s) for the amendments to the financial promotion.	The reason(s) for the withdrawal of the approval.

Definition of notifiable concern

SUP 16.31.7 R 06/11/2023

1A notifiable concern is a concern:

(1)
that an element of an approved financial promotion risks causing harm to consumers; or
(2)
relating to the integrity or propriety of an unauthorised person or persons for whom a firm has approved a financial promotion.

SUP 16.31.8 G 06/11/2023

(1)
1A notifiable concern may arise, for example, where a firm that has approved a financial promotion:
1. (a)
  becomes aware that the financial promotion does not comply, or no longer complies, with applicable financial promotion rules such that it risks causing harm to consumers; or
2. (b)
  receives information which suggests that the unauthorised person or persons for whom the financial promotion was approved have provided misleading information in connection with that approval.
(2)
In deciding whether to notify the FCA of approval of amendments to, or withdrawal of approval of, a financial promotion, a firm should consider the purpose of the notification rule (SUP 16.31.4G(3)).

Bi-annual reporting requirement

SUP 16.31.9 R 06/11/2023

(1)
1A firm must submit the information in SUP 16.31.10R to the FCA half yearly within 30 business days of the end of each reporting period.
(2)
Except as specified in (3), the reporting periods for the purpose of (1) are:
1. (a)
  the 6 months immediately following a firm’s accounting reference date; and
2. (b)
  the 6 months immediately preceding and including a firm’s accounting reference date.
(3)
A firm must submit its first report for the purpose of (1) in respect of the reporting period beginning on the date on which approver permission is granted to the firm and ending on the earlier of:
1. (a)
  the firm’s accounting reference date; and
2. (b)
  the date falling 6 months after the firm’s accounting reference date.
(4)
A firm must submit a return even if it has not approved any financial promotions or received any relevant complaints during a reporting period.

SUP 16.31.10 R 06/11/2023

1The information in SUP 16.31.9R(1) is, for the relevant reporting period:

(1)
the total number of financial promotions approved;
(2)
the number of financial promotions relating to each of the investment types in SUP 16 Annex 55Rapproved;
(3)
the number of financial promotions approved relating to:
1. (a)
  restricted mass market investments; and
2. (b)
  non-mass market investments;
(4)
the number of complaints received relating to the firm’s approval of financial promotions;
(5)
the total revenue (expressed in sterling) generated by the firm’s activity of approving financial promotions;
(6)
unless the firm has reported no revenue for the purpose of (5), the total revenue (expressed in sterling) generated by the firm’s regulated activities;
(7)
unless the firm has reported no revenue for the purpose of (5), the firm’s total revenue.

SUP 16.31.11 R 06/11/2023

1Reference in SUP 16.31.10R to a firm’s revenue is to a firm’s income (before expenses). Total revenue refers to all income received across a firm’s entire business, both regulated and unregulated.

Guidance

SUP 16.31.12 G 06/11/2023

(1)
1For the purposes of this section, reference to a firm approving, or withdrawing approval of, a ‘financial promotion’ is to a firm approving, or withdrawing approval of, one or more communications which can together be considered to form part of a single invitation or inducement to engage in investment activity or to engage in claims management activity.
(2)
This means that where a firm approves the content of more than one communication, including across multiple media, in respect of the same investment activity and conveying a consistent message, the FCA would only expect:
1. (a)
  to receive one notification in respect of those communications for the purposes of SUP 16.31.5R; and
2. (b)
  the firm to report one approval for the purposes of SUP 16.31.10R.
(3)
An example of the scenario in (2) would be where a firm approves a number of communications relating to the same product or service as part of a single marketing campaign.
(4)
Where a firm has approved one or more communications comprising a single ‘financial promotion’ relating to a particular product or service as described in (2), and is later approached to approve a substantively different communication or communications relating to the same product or service, this should be considered as a new ‘financial promotion’ for the purposes of this section.
(5)
For the purposes of SUP 16.31.5R(2)(a), the FCA considers that amendments to an approved financial promotion are likely to require further approval where those amendments relate to the communication’s substance as an invitation or inducement to engage in investment activity or engage in claims management activity.
(6)
This means that changes to administrative information, such as contact details, within a communication are unlikely to require approval. However, changes to information which may affect a recipient’s assessment of whether to respond to, or act upon, the communication are likely to require further approval.
(7)
Even where a firm is not required to make a notification to the FCA under the rules in this section, the firm should consider whether a particular matter is one of which the FCA would reasonably expect notice (Principle 11), having regard to the purpose of the rules in this section (SUP 16.31.4G(3)). For example, where a firm is approached to approve a financial promotion relating to an investment which risks causing harm to consumers.
(8)
SUP 16.31.10R(4) refers to the number of complaints received relating to a firm’s approval of financial promotions. This figure should include complaints received directly by the firm about financial promotions which it has approved and any complaints about approved financial promotions received by persons for whom it has approved such financial promotions. To this end, a firm should maintain arrangements for those unauthorised persons for whom it approves financial promotions to forward any complaints, or relevant parts of complaints, relating to approved financial promotions to the firm.

Method of submission

SUP 16.31.13 R 06/11/2023

(1)
1A firm must submit the notifications and reports required by this section to the FCA online through the appropriate systems accessible from the FCA’s website.
(2)
If the FCA’s information technology systems fail and online submission is unavailable for 24 hours or more, until such time as facilities for online submission are restored, a firm must submit the relevant notification or report in the way set out in SUP 16.3.9R (Method of submission of reports).

SUP 16.31.14 G 06/11/2023

Record-keeping

SUP 16.31.15 G 06/11/2023

1 Firms are reminded of the need to maintain adequate records which are sufficient to enable the FCA to monitor compliance with requirements under the regulatory system (SYSC 9). Firms should therefore maintain appropriate records of approvals, withdrawals of approvals and approvals of amendments to financial promotions even where formal notification to the FCA (pursuant to SUP 16.31.5R) is not required. Firms subject to the rules in COBS 4 should also refer to COBS 4.11.

SUP 16 Annex 1 [deleted]6 7

R 01/07/2009

6 5 4 3 2 1

SUP 16 Annex 1A FIN-A Annual Report and Accounts

R 17/12/2021

4 Annual Accounts		A
1	On what basis have the firm's accounts been prepared?	IFRS / UK GAAP / Other / N/A
3	Did the firm generate income from regulated activities in the accounting period?	Yes / No / N/A
4	Are the firm's net assets positive?	Yes / No / N/A
5	Are the firm's annual report and accounts prepared on a going concern basis?	Yes / No / N/A
6	Does the firm have any contingent liabilities?	Yes / No / N/A
7	If the firm's submitted annual report and accounts have been subject to an audit, has the auditor qualified their opinion, added an explanatory paragraph expressing an adverse opinion 5and/or provided written comment on internal controls?	Yes / No / N/A
	[Upload functionality]
Immigration Act 2014
2	Has the firm complied with the prohibition in section 40 of the Immigration Act 2014, the requirements in section 40A, 40B and 40G of the Immigration Act 2014 and any requirements imposed by or under the Immigration Act 2014 (Bank Accounts) Regulations 2014?	Yes / No / N/A

SUP 16 Annex 1B Guidance notes for the completion of FIN-A in SUP 16 Annex 1AR

G 17/12/2021

General Notes 3

1Form FIN-A3 should only be completed by firms subject to the reporting requirements under3SUP 16.7A and/or by firms 3 who are required to provide attestations of compliance with requirements under the Immigration Act 20143 under SUP 16.19.

Form FIN-A3 is designed to allow firms to:3

• upload the annual report and accounts documentation required by SUP 16.7A;3

• extract information from the firm’s annual report and accounts;3 and (where applicable)3 attest to compliance with requirements under the Immigration Act 2014 under SUP 16.193.

Firms not subject to the Immigration Act 2014 should answer ‘N/A’ to question 2A.

UK branches of EEA banks and dual regulated firms 3 are not required to submit copies of their annual report and accounts to the FCA, and should 3answer ‘N/A’ to questions listed under ‘Annual Accounts’3.

Firms who wish to make a notification to the FCA to comply with Principle 11 should review the guidance set out in SUP 15 (Notifications to the FCA).3

Main Details

3 3

Annual Accounts 3
1 3	On what basis have the firm’s accounts been prepared? Firms who are subject to the reporting requirements in SUP 16.7A should select one of ‘IFRS’, ‘UK GAAP’ or ‘Other’. Once selected, the person submitting the data3 can upload the annual report and accounts 3. If the firm is3 not subject to the reporting requirements in SUP 16.7A they3 should select ‘N/A’.
3 3	Did the firm generate income from regulated activities in the accounting period?
	Firms should indicate whether they have generated an income from regulated activities by selecting ‘Yes’ or ‘No’.3
3 4	Are the firm’s net assets positive?
	Firms should indicate if the total value of their assets is greater or equal to the total value of their liabilities by selecting ‘Yes’. Where firms’ assets are less than the total value of their liabilities they should select ‘No’.3
3 5	Are the firm’s annual report and accounts 4 prepared on a going concern basis?
	Firms should indicate whether the annual report and accounts were prepared on a going concern basis by selecting ‘Yes’ or ‘No’.3
3 6	Does the firm have any contingent liabilities?
	Firms should indicate whether the most recent annual report and accounts or accompanying notes make reference to contingent liabilities by selecting ‘Yes’ or ‘No’.3
3 7	If the firm’s submitted annual report and accounts have been subject to an audit, has the auditor qualified their opinion, added an explanatory paragraph expressing an adverse opinion 4 and/or provided written comment on internal controls?
	Firms should select ‘Yes’ if the firm’s most recent annual report and accounts have been subject to an audit and the auditor;4 (a) qualified the report on the audited annual report and accounts, and/or3 (b) added an explanatory paragraph expressing an adverse opinion;4 (c) included a paragraph headed:4 (i) emphasis of matter;4 (ii) other matter; or4 (iii) material uncertainty related to going concern; or4 (d) provided written comment on internal controls.4 Firms should select ‘No’ if:3 (e) the annual report and accounts have been subject to an audit, but none of the conditions at (a) to (d) apply.4 Firms should select ‘N/A’ if:3 (f) the firm is not subject to an audit requirement; or4 (g) the firm is not required to submit their annual report and accounts.4 3 3 3 3 3 3
Immigration Act 2014 3
2 3	Has the firm complied with the prohibition in section 40 of the Immigration Act 2014, the requirements imposed by or under sections 40A, 40B and 40G of the Immigration Act 2014 2 3 and any requirements imposed by or under the Immigration Act 2014 (Bank Accounts) 2 3 Regulations 2014? Firms should indicate whether they are in compliance with their obligations under the Immigration Act as at the end of the reporting period by selecting one of ‘Yes’, ‘No’ or ‘N/A’. Firms should only select ‘N/A’ if they are not subject to obligations under the Immigration Act 2014.

SUP 16 Annex 2 [deleted]17 18

G 01/07/2009

11 12 13 14 15 16 17

10 9 8 7 6 5 4 3 2 1

SUP 16 Annex 3 [deleted]5 6

R 01/07/2009

4 5 3 2 1

SUP 16 Annex 4 [deleted]10 11

G 01/07/2009

5 4 3 2 1 6 7 8 9 10

SUP 16 Annex 5 [deleted]6 7

R 01/07/2009

1 2 3 4 5 6 8 9

SUP 16 Annex 6R Persistency report

R 31/12/2014

This annex consists only of one or more forms. Forms are to be found through the following address:3 2 1

Persistency Report - SUP 16 Annex 6 R 5

5 5

SUP 16 Annex 6A Guidance notes for completion of the FCA Persistency Report

G 01/12/2014

1This annex consists of guidance notes, which are available here: SUP 16 Annex 6A G

SUP 16 Annex 9R Annual questionnaire for authorised professional firms

R 01/10/2020

This annex consists only of the Annual Questionnaire for Authorised Professional Firms10

Forms/sup/SUP_16_Annex_9_20201001.pdf 11 4 5 6 7 8 9

3 2 1 10

SUP 16 Annex 9AG Guidance notes for completion of annual questionnaire for authorised professional firms in SUP 16 Annex 9R

G 01/10/2020

1This annex consists only of one or more forms. Forms are to be found through the following address:

SUP_Chapter16_Annex9a_20201001.pdf 3

SUP 16 Annex 12A Reports from depositaries of authorised funds

R 01/01/2017

SUP 16 Annex 12A 1

SUP 16 Annex 12B Guidance notes on reports from depositaries of authorised funds

G 01/01/2017

1 Monthly Return of Breaches – Authorised Funds

Breach Type	The specific rule in COLL or FUND that has been breached.
New Breaches	Breaches identified for the first time during the most recent reporting period.
Existing Breaches	Mark as an existing breach if reporting a change in the reported details of an existing breach or if reporting the closure of an existing breach.
Maximum Percentage	The percentage figure will depend on the breach type. For example, a breach of an investment limit should show the greatest percentage amount by which the value of the asset(s) exceeded the relevant limit during the period of the breach.
Breach Start Date	The date when the breach first occurred.
Breach Identification Date	The date when the breach was identified (this may be the same day as or later than the breach start date).
Breach Closure Date	The date when a breach was closed following the implementation of any corrective actions and if applicable, payment of compensation to the scheme and/or Unitholders.
Breach Description	A brief statement describing the nature of the breach, and why and how it occurred.
Action Taken or Planned	The corrective action implemented or planned to close a new or existing breach, and the final outcome when a breach has been closed. If resolution will require a long-term (>6 months) project, timelines should be included.

Quarterly Return of Oversight Visits – Authorised Funds

Findings	A brief description of findings and conclusions, including examples.
Recommendations	Actions requested of the authorised fund manager by the depositary to remedy any findings. If resolution will require a long-term (>6 months) project, timelines should be included.
AFM’s response and comments	Any statement from the authorised fund manager in response to the depositary’s findings and recommendations.

SUP 16 Annex 13 Return cover sheet

R 01/04/2013

This annex consists only of one or more forms. Forms are to be found through the following address:3 2 1

Return Cover Sheet - Forms/sup/sup_chapter16_annex13r_20130401.pdf

SUP 16 Annex 14 Quarterly and annual returns for Credit Unions [deleted]

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

SUP 16 Annex 16 [deleted]8 9

01/07/2009

4 5 6 7 8

3 1 2

SUP 16 Annex 16A 2 1Firm details (See SUP 16.10.4R)5

SUP 16 Annex 16A.1 R 08/12/2022

A: Communications with a firm

1. Name of the firm

2. Trading name(s) of the firm

3. [deleted]6

4. Registered office

5. Principal place of business

5A. Head office7

5B. UK branch address (if the firm is a branch)7

6. Website address

7. Complaints contact and complaints officer3

8. The name and email address of the primary3 compliance contact

B: Information about a firm 3and its appointed representatives 8 on the Financial Services Register 9

8A. Information about any appointed representative of the firm 8

9. [deleted]6

10. [deleted]6

11. [deleted]6

C: Other information about a firm

12. [deleted]6

13. [deleted]6

14. Name and address of firm's auditor

14A. Name and address of firm’s actuary (where relevant)7

15. [deleted]6

16. Accounting reference date

16A. Financial year end date7

17. Locum3

18. The name and email address of the firm’s principal user of the appropriate systems accessible from the FCA’s website4

3 3 3 9 3 3 3

(1)	(2)
RAG	Firm type
1	UK bank
3	MIFIDPRU investment firm 6
3	6
4	MIFIDPRU investment firm 6
4	6
7	MIFIDPRU investment firm 6
7	6

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