CASS 10A.2 Core content requirements

A safeguarding institution must include within its CASS resolution pack:

(1) a master document containing information sufficient to retrieve each document in the institution’s CASS resolution pack;

(2) a document which identifies the institutions the safeguarding institution has appointed (including through an agent or electronic money distributor):

     (a) for the receipt or holding of relevant funds; and

     (b) for the holding of relevant assets;

(3) for each institution identified in (2), a copy of each executed agreement, including any side letters or other agreements used to clarify or modify the terms of the executed agreement, between that institution and the safeguarding institution that relates to the holding of relevant funds or relevant assets including any acknowledgement letters sent or received pursuant to CASS 15.7;

(4) a document which identifies the institutions the safeguarding institution has appointed to provide insurance or a guarantee in accordance with regulation 22 of the Electronic Money Regulations or regulation 23(12) of the Payment Services Regulations;

(5) for each institution identified in (4), a copy of each executed policy or guarantee, including any side letters or other agreements used to clarify or modify the terms of the executed policy or guarantee;

(6) a document which identifies each agent or electronic money distributor of the safeguarding institution;

(7) a document which:

    (a) identifies each member of the safeguarding institution's group involved in operational functions related to the relevant funds regime; and

    (b) for each group member identified in (a), the type of entity (such as branch, subsidiary or nominee company) the group member is, its jurisdiction of incorporation if applicable, and a description of its related operational functions;

(8) a document which:

     (a) identifies each third party which the safeguarding institution uses for the performance of operational functions related to the relevant funds regime;

     (b) describes how to gain access to relevant information held by that third party; and

     (c) describes how to effect a transfer of any relevant funds or relevant assets held by the safeguarding institution, but controlled by that third party;

(9) a copy of the safeguarding institution's procedures for the management, recording and transfer of the relevant funds and relevant assets that it holds; and

(10) a document which identifies:

      (a) each senior manager and director and any other individual and the nature of their responsibility within the safeguarding institution who is critical or important to the performance of operational functions related to any of the safeguarding obligations imposed on the institution by the relevant funds regime; and

       (b) the individual to whom responsibility for operational oversight has been allocated under CASS 15.2.4R.

1. For the purpose of CASS 10A.2.1R(10)(a), examples of individuals within the safeguarding institution who are critical or important to the performance of operational functions include:

2. (1) those necessary to carry out internal safeguarding reconciliations, external safeguarding reconciliations and record checks; and

3. (2) those in charge of client documentation for business involving relevant funds and relevant assets.

For the purpose of CASS 10A.2.1R(2), a safeguarding institution must ensure that the document records:

1. (1) the full name of the individual institution in question;

2. (2) the postal address, email address and telephone number of that institution; and

3. (3) the numbers of all accounts opened by that safeguarding institution with that institution.