Home FCA Handbook SUP SUP 10A SUP 10A.8 Systems and controls functions
You are viewing SUP 10A.8 Systems and controls functions as it appeared on 07/12/2019. The current version of SUP 10A.8 Systems and controls functions was last updated on 09/12/2019 .

SUP 10A.8 Systems and controls functions

Systems and controls function (CF28)

10/12/2018R

The systems and controls function is the function of acting in the capacity of an employee of the firm with responsibility for reporting to the governing body of a firm, or the audit committee (or its equivalent) in relation to:

  1. (1)

    its financial affairs;

  2. (2)

    setting and controlling its risk exposure (see SYSC 7.1.6R, article 23(2) of the MiFID Org Regulation and article 23(2) of the MiFID Org Regulation (as applied in accordance with SYSC 1 Annex 1 2.8AR, SYSC 1 Annex 1 3.2-AR, SYSC 1 Annex 1 3.2-BR, SYSC 1 Annex 1 3.2CR and SYSC 1 Annex 1 3.3R)); and

  3. (3)

    adherence to internal systems and controls, procedures and policies (see SYSC 6.2, article 24 of the MiFID Org Regulation and article 24 of the MiFID Org Regulation (as applied in accordance with SYSC 1 Annex 1 2.8AR, SYSC 1 Annex 1 3.2-AR, SYSC 1 Annex 1 3.2-BR, SYSC 1 Annex 1 3.2CR and SYSC 1 Annex 1 3.3R)).

29/06/2018R

The systems and controls function does not apply in relation to:

  1. (1)

    bidding in emissions auctions carried on by a firm that is exempt from MiFID under article 2(1)(j); or

  2. (2)

    benchmark activities.

01/04/2013G

Where an employee performs the systems and controls function the FCA would expect the firm to ensure that the employee had sufficient expertise and authority to perform that function effectively. A director or senior manager would meet this expectation.

Full scope UK AIFM

22/07/2013G

For a full-scope UK AIFM, the requirement to have an employee responsible for reporting to the governing body of the firm or the audit committee for matters in SUP 10A.8.1R (2) and SUP 10A.8.1R (3) is derived from the AIFMD level 2 regulation, which imposes obligations on such firms to have a permanent risk management function and, where appropriate and proportionate for their business, an internal audit function.

09/12/2019
Point In Time07/12/2019
07/12/2019
10/12/2018
29/06/2018
03/01/2018
07/03/2016
22/07/2013
01/04/2013