|
Who?
|
2.1
|
R
|
The common platform requirements apply to every firm apart from an insurer, a managing agent and the Society unless provided otherwise in a specific rule.
|
2.2
|
R
|
For an incoming EEA firm or an incoming Treaty firm:
|
|
|
(1)
|
the rule on responsibility of senior personnel (SYSC 4.3) does not apply;
|
|
|
(2)
|
the common platform requirements apply only in so far as responsibility for the matter in question is not reserved by an EU3 instrument to the firm'sHome State regulator;
3
|
|
|
(3)
|
for an incoming EEA firm which has permission only for cross-border services and which does not carry on regulated activities in the United Kingdom, the common platform requirements do not apply;
|
|
|
(4)
|
for an incoming Treaty firm which has permission only for cross-border services and which does not carry on regulated activities in the United Kingdom, the common platform requirements on financial crime do not apply.
|
2.3
|
R
|
For a sole trader:
|
|
|
(1)
|
SYSC 4.3
and 4.4 do not apply as long as he does not employ any person who is required to be approved under section 59 of the Act (Approval for particular arrangements);
|
|
|
(2)
|
SYSC 4.1.4 R
and SYSC 6.3.9 R do not apply if he has no employees.
|
2.4
|
R
|
For a UCITS qualifier:
|
|
|
(1)
|
the rule on responsibility of senior personnel (SYSC 4.3) does not apply; and
|
|
|
(2)
|
the common platform requirements apply in relation to the communication and approval of financial promotions only as set out in SYSC 1 Annex 1.2.12R.
|
|
|
[Note: section 266 of the Act.]
|
2.5
|
R
|
For an authorised professional firm when carrying on non-mainstream regulated activities, the common platform requirements on financial crime, conflicts of interest and Chinese walls do not apply.
|
2.6
|
R
|
The common platform requirements do not apply to an incoming ECA provider acting as such.7
|
72.6A
|
R
|
The common platform requirements do not apply to a firm (including an incoming EEA firm) in relation to its carrying on of auction regulation bidding, except for:
|
|
|
(1)
|
SYSC 6.1.1 R
which only applies to the extent that it relates to the obligation to establish, implement and maintain adequate policies and procedures for countering the risk that the firm (including its managers, employees and appointed representatives) might be used to further financial crime; and
|
|
|
(2)
|
SYSC 6.3
(Financial crime).
|
62.7A
|
G
|
EEA UCITS management companies are also reminded that they must comply with:
|
|
|
(1)
|
the common platform requirements indicated in Column A+ (Application to a management company) in Part 3 of this Annex;
|
|
|
(2)
|
the common platform record-keeping requirements; and
|
|
|
(3)
|
the common platform requirements on financial crime;
|
|
|
in relation to activities carried on from a branch in the United Kingdom. Where the common platform requirement addresses matters within the scope of article 12 of the UCITS Directive, an EEA UCITS management company should note that those matters may also be subject to the rules of its Home State regulator.
|
|
|
[Note: articles 12(1)(b), 14(1)(c),14(1)(d), 17(4), 18(3) and 19(1) of the UCITS Directive and articles 4(1)(e), 10(1), 10(2) and 10(3) of the UCITS implementing Directive]
|
|
What?
|
2.8
|
R
|
The common platform organisational requirements apply with respect to the carrying on of the following (unless provided otherwise within a specific rule):
|
|
|
(1)
|
regulated activities;
|
|
|
(2)
|
activities that constitute dealing in investments as principal, disregarding the exclusion in article 15 of the Regulated Activities Order (Absence of holding out etc);
|
|
|
(3)
|
ancillary activities;
6
|
|
|
(4)
|
in relation to MiFID business, ancillary services; and6
|
|
|
6(5)
|
collective portfolio management.
|
2.9
|
G
|
The application of the provisions on the conflicts of interest in SYSC 10 is set out in SYSC 10.1.1 R and SYSC 10.2.1 R
|
2.10
|
R
|
The provisions on record-keeping in SYSC 9 apply as set out in SYSC 1 Annex 1.2.8R, except that they only apply to the carrying on of ancillary activities that are performed in relation to:
|
|
|
(1)
|
designated investment business;
|
|
|
(2)
|
home finance activity; and
|
|
|
(3)
|
insurance mediation activity.
|
2.11
|
R
|
The common platform requirements on financial crime apply as set out in SYSC 1 Annex 1.2.8R, except that they do not apply:
|
|
|
(1)
|
with respect to:
|
|
|
|
(a)
|
activities that constitute dealing in investments as principal, disregarding the exclusion in article 15 of the Regulated Activities Order (Absence of holding out etc); and
|
|
|
|
(b)
|
ancillary activities; or
|
|
|
(2)
|
in relation to the following regulated activities:
|
|
|
|
(a)
|
general insurance business;
|
|
|
|
(b)
|
insurance mediation activity in relation to a general insurance contract or pure protection contract;
|
|
|
|
(c)
|
long-term insurance business which is outside the Consolidated Life Directive (unless it is otherwise one of the regulated activities specified in this rule);
|
|
|
|
(d)
|
business relating to contracts which are within the Regulated Activities Order only because they fall within paragraph (e) of the definition of "contract of insurance" in article 3 of that Order;
|
|
|
|
(e)
|
(i)
|
arranging by the Society of deals in general insurance contracts written at Lloyd's; and
|
|
|
|
|
(ii)
|
managing the underwriting capacity of a Lloyd's syndicate as a managing agent at Lloyd's;
|
|
|
|
(f)
|
home finance mediation activity and administering a home finance transaction;
2
|
|
|
|
(g)
|
reversion activity; and2
|
|
|
|
(h)
|
meeting of repayment claims and managing dormant account funds (including the investment of such funds)2managing dormant account funds (including the investment of such funds).
|
2.12
|
R
|
The common platform organisational requirements, except the common platform requirements on financial crime, also apply with respect to the communication and approval of financial promotions which:
|
|
|
(1)
|
if communicated by an unauthorised person without approval would contravene section 21(1) of the Act (Restrictions on financial promotion); and
|
|
|
(2)
|
may be communicated by a firm without contravening section 238(1) of the Act (Restrictions on promotion of collective investment schemes).
|
2.13
|
R
|
The common platform organisational requirements, except the common platform requirements on financial crime, also:
|
|
|
(1)
|
apply with respect to the carrying on of unregulated activities in a prudential context; and
|
|
|
(2)
|
take into account any activity of other members of a group of which the firm is a member.
|
2.14
|
G
|
SYSC 1 Annex 1
.2.13R(2) does not mean that inadequacy of a group member's systems and controls will automatically lead to a firm contravening any of the common platform organisational requirements. Rather, the potential impact of a group member's activities, including its systems and controls, and any systems and controls that operate on a group basis, will be relevant in determining the appropriateness of the firm's own systems and controls.
|
|
Where?
|
2.15
|
R
|
The common platform requirements, except the common platform record-keeping requirements, apply to a firm in relation to activities carried on by it from an establishment in the United Kingdom.
|
2.16
|
R
|
The common platform requirements, except the common platform requirements on financial crime and the common platform record-keeping requirements, apply to a firm that is not a UK UCITS management company6 in relation to passported activities carried on by it from a branch in another EEA State.6
|
62.16A
|
R
|
(1)
|
The common platform requirements referred to in Column A+ of Part 3 (below) apply to a UK UCITS management company in relation to passported activities carried on by it from a branch in another EEA State.
|
|
|
(2)
|
Any other common platform requirement applies to a UK UCITS management company in relation to passported activities carried on by it from a branch in another EEA State to the extent that the requirement addresses matters within the scope of article 12 of the UCITS Directive.
|
62.16B
|
G
|
The matters referred to in paragraph 2.16AR of this Annex may also be subject to the rules of the UK UCITS management company'sHost State regulator.
|
2.17
|
R
|
The common platform record-keeping requirements apply to activities carried on by a firm from an establishment maintained in the United Kingdom, unless another applicable rule which is relevant to the activity has a wider territorial scope, in which case the common platform record-keeping requirements apply with that wider scope in relation to the activity described in that rule.
|
|
|
[Note: article 13(9) of MiFID]
|
2.18
|
R
|
The common platform organisational requirements, except the common platform requirements on financial crime, also apply in a prudential context to a UK domestic firm and to an overseas firm (other than an incoming EEA firm or an Incoming Treaty firm) with respect to activities wherever they are carried on.
|
|
Actions for damages
|
2.19
|
R
|
A contravention of a rule in the common platform requirements does not give rise to a right of action by a private person under section 150 of the Act (and each of those rules is specified under section 150(2) of the Act as a provision giving rise to no such right of action).
|