Related provisions for INSPRU 1.5.4
1This chapter applies to:
(1) |
a UK domestic firm which operates an MTF from an establishment in the United Kingdom or elsewhere; or |
(2) |
an overseas firm which operates an MTF from an establishment in the United Kingdom. |
Table of periodic fees
1 Fee payer |
2 Fee payable |
3 Due date |
4 Events occurring during the period leading to modified periodic fee |
Any firm (except an ICVC or a UCITS qualifier) |
As specified in FEES 4.3.1 R |
(1) Unless (2) or (3) apply7, on or before the relevant dates specified in FEES 4.3.6 R.12 (2) Unless (3) applies, if 7an event specified in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event, or if later the dates specified in FEES 4.3.6 R.7 (3) Where the permission is for operating a multilateral trading facility, the date specified in FEES 4 Annex 10 (Periodic fees for MTF operators). 77 |
Firm receives permission, or becomes authorised or registered under the Payment Services Regulations or the Electronic Money Regulations12;9 or firm9extends permission or its payment service activities9 9 |
Any firm which reports transactions3 to the FSA using the FSA's Direct Reporting System or FSA's Transaction Reporting System (see SUP 17) 3 |
(1) For transaction charges, the first working day of each month (2) For licence fees and enrolment charges, by the date set out on the relevant invoice |
Not applicable |
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Persons who hold a certificate issued by the FSA under article 54 of the Regulated Activities Order (Advice given in newspapers etc.) |
£1,000 |
(1) Unless (2) applies, on or before 30 April (2) If an event in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event |
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Any manager of an authorised unit trust; |
In relation to each unit trust the amount specified in FEES 4 Annex 4 |
Authorisation order is made in relation to the relevant scheme |
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In relation to each ICVC the amount specified in FEES 4 Annex 4 |
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Persons who, under the constitution or founding arrangements of a recognised scheme, is responsible for the management of the property held for or within the scheme; |
In relation to each recognised scheme the amount specified in FEES 4 Annex 4 |
The relevant scheme becomes a recognised collective investment scheme |
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Not applicable |
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FEES 4 Annex 6, part 1 for a UK RIE or UK RCH; and FEES 4 Annex 6 R, part 1A for a UK RIE that is also an RAP13 |
(1) Unless (2) applies, by the due dates set out in FEES 4 Annex 6, part 1and (in the case of an RAP) part 1A13 (2) If the event in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event |
Recognition order is made. The modified1164 periodic fee is specified in FEES 4 Annex 6 R, Part 1and (in the case of an RAP) Part 1A.131164 1164116411641164 |
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FEES 4 Annex 6, part 2 |
(1), unless (2) applies, 1 July. (2) If the event in column 4 occurs during the course of a financial year , 30 days after the occurrence of that event. |
Recognition order is made. The modified1164 periodic fee is specified in FEES 4 Annex 6, Part 2.1164 1164116411641164 |
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Listedissuers (in LR) of shares, depositary receipts and securitised derivatives (in LR), unless the conditions set out below apply.3 The first condition is that the listedissuer, or a related entity, has already paid a periodic fee in respect of the period concerned. The second condition is that the listedissuer is subject to listing rules as a result of a reverse takeover, or that the listedissuer is a newly formed entity, created as a result of a restructuring.3 |
Within 30 days of the date of the invoice |
Listedissuer3 (in LR) becomes subject to listing rules 3 |
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£20,0001210 per year for the period from 1 April to 31 March the following year (see Note)2 1012 |
Within 30 days of the date of the invoice |
Approval of sponsor |
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All non-listed issuers (in DTR) of shares, depositary receipts and securitised derivatives.6 6 |
Within 30 days of the date of the invoice |
Non-listed issuer (in DTR) becomes subject to disclosure rules and transparency rules6 |
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6All firms reporting transactions in securities derivatives10to the FSA in accordance with SUP 17, and market operators who provide facilities for trading in securities derivatives.10 10 |
Within 30 days of the date of the invoice |
Not applicable |
Note:Sponsors on the list of approved sponsors as at 1 April each year will be liable for the full year's annual fee unless FEES 4.3.13 R applies.2
Schedule to the Recognition Requirements Regulations, Part II
2Paragraph 10 (Default rules in respect of market contracts) |
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(1) |
The [UK RIE] must havedefault ruleswhich, in the event of amemberof the [UK RIE] being or appearing to be unable to meet his obligations in respect of one or moremarket contracts, enable action to be taken in respect of unsettledmarket contractsto which he is party. |
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(2) |
The [default rules] may authorise the taking of the same or similar action in relation to amemberwho appears to be likely to become unable to meet his obligations in respect of one or moremarket contracts. |
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(3) |
The [default rules] must enable action to be taken in respect of all unsettledmarket contracts, other than those entered into for the purposes of or in connection with the provision of clearing services for the [UK RIE]. |
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3(4) |
Sub-paragraph (5) applies where the exchange has arrangements for transacting business with, or in relation to common members of, a [recognised clearing house] or another [recognised investment exchange]. |
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3(5) |
A [UK RIE] must have [default rules] which in the event of the clearing house or the investment exchange being or appearing to be unable to meet its obligations in respect of one or more [market contracts], enable action to be taken in respect of unsettled [market contracts] to which that person is a party. |
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Paragraph 11 (Content of rules) |
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(1) |
This paragraph applies as regards contracts falling within section 155(2)(a) of the Companies Act [1989]. |
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(2) |
The [default rules] must provide - |
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(a) |
for all rights and liabilities between those party as principal to unsettledmarket contractsto which the defaulter is party as principal to be discharged and for there to be paid by one party to the other such sum of money (if any) as may be determined in accordance with the [default rules]; |
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(b) |
for the sums so payable in respect of different contracts between the same parties to be aggregated or set off so as to produce a net sum; and |
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(c) |
for the certification by or on behalf of the [UK RIE] of the net sum payable or, as the case may be, of the fact that no sum is payable. |
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(3) |
The reference in sub-paragraph (2) to rights and liabilities between those party as principal to unsettledmarket contractsdoes not include rights and liabilities - |
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(a) |
in respect of margin; or |
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(b) |
arising out of a failure to perform amarket contract. |
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(4) |
The [default rules] may make the same or similar provision, in relation to [designated non-members] designated in accordance with the procedures mentioned in sub-paragraph (5), as in relation tomembersof the [UK RIE]. |
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(5) |
If such provision is made as is mentioned in sub-paragraph (4), the [UK RIE] must have adequate procedures - |
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(a) |
for designating thepersons, or descriptions of person, in respect of whom action may be taken; |
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(b) |
for keeping under review the question whichpersonsor descriptions of person should be or remain so designated; and |
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(c) |
for withdrawing such designation. |
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(6) |
The procedures must be designed to secure that - |
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(a) |
apersonis not, or does not remain, designated if failure by him to meet his obligations in respect of one or moremarket contractswould be unlikely adversely to affect the operation of the market; and |
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(b) |
a description of persons is not, or does not remain, designated if failure by apersonof that description to meet his obligations in respect of one or moremarket contractswould be unlikely adversely to affect the operation of the market. |
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(7) |
The [UK RIE] must have adequate arrangements - |
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(a) |
for bringing a designation or withdrawal of designation to the attention of thepersonor description of persons concerned; and |
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(b) |
where a description ofpersonsis designated, or the designation of a description of persons is withdrawn, for ascertaining whichpersonsfall within that description. |
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Paragraph 12 (Content of rules) |
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(1) |
This paragraph applies as regards contracts falling within section 155(2)(b) or (c) of the Companies Act [1989].3 |
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(2) |
The [default rules] must provide - |
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(a) |
for all rights and liabilities of the defaulter under or in respect of unsettledmarket contractsto be discharged and for there to be paid by or to the defaulter such sum of money (if any) as may be determined in accordance with the [default rules]; |
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(b) |
for the sums so payable by or to the defaulter in respect of different contracts entered into by the defaulter in one capacity for the purposes of section 187 of the Companies Act [1989] to be aggregated or set off so as to produce a net sum;3 |
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3(bb) |
if relevant, for that sum to be aggregated with, or set off against, any sum owed by or to the investment exchange by or to AP under an indemnity given or reimbursement or similar obligation in respect of a margin set off agreement in which the defaulter chose to participate so as to produce a net sum; |
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(c) |
for the net sum referred to in [(2)](b) or, if relevant, the net sum referred to in [(2)](bb) -3 3 |
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(i) |
if payable by the defaulter to the exchange, to be set off against -3 3 |
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(aa) any property provided by or on behalf of the defaulter as cover for margin (or the proceeds of realisation of such property);3 |
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(bb) to the extent (if any) that any sum remains after set off under (aa), any default fund contribution provided by the defaulter remaining after any application of such contribution;3 |
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(ii) |
to the extent (if any) that any sum remains after set off under (i), to be paid from such other funds, including the default fund, or resources as the exchange may apply under its default rules;3 3 |
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(iii) |
if payable by the exchange to the defaulter, to be aggregated with -3 |
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(aa) any property provided by or on behalf of the defaulter as cover for margin (or the proceeds of realisation of such property);3 |
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(bb) any default fund contribution provided by the defaulter remaining after any application of such contribution; and3 |
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(d) |
for the certification by or on behalf of the [UK RIE] of the sum finally payable or, as the case may be, of the fact that no sum is payable. |
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3(2A) |
In sub-paragraph (2), "margin set off agreement" means an agreement between the exchange and AP permitting any eligible position to which the Participant Member is party with the exchange and any eligible position to which the Participant Member is party with AP to be taken into account in calculating a net sum owed by or to the Participant Member to either the exchange or AP and/or margin to be provided to, either or both, the exchange and AP. |
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3(2B) |
In sub-paragraph (2) - "AP" means a [recognised clearing house] or another [recognised investment exchange] of whom a Participant Member is a member; "eligible position" means any position which may be included in the set off calculation; "Participant Member" means a person who (a) is a member of the exchange; (b) is a member or participant of AP; and (c) chooses to participate, in accordance with the rules of the exchange, in such agreement. |
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3(2C) |
The property, contribution, funds or resources referred to in (2)(c), against which the net sum is to be set off (or with which it is to be aggregated) are subject to any unsatisfied claims arising out of the default of a defaulter before the default in relation to which the calculation is being made. |
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(3) |
The reference in sub-paragraph (2) to the rights and liabilities of a defaulter under or in respect of an unsettledmarket contractincludes (without prejudice to the generality of that provision) rights and liabilities arising in consequence of action taken under provisions of the [default rules] authorising - |
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(a) |
the effecting by the [UK RIE] of corresponding contracts in relation to unsettledmarket contractsto which the defaulter is party; |
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(b) |
the transfer of the defaulter's position under an unsettledmarket contractto anothermemberof the [UK RIE]; |
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(c) |
the exercise by theUK RIEof anyoptiongranted by an unsettledmarket contract. |
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(4) |
A "corresponding contract" means a contract on the same terms (except as to price or premium) as themarket contractbut under which thepersonwho is the buyer under themarket contractagrees to sell and thepersonwho is the seller under themarket contractagrees to buy. |
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(5) |
Sub-paragraph (4) applies with any necessary modifications in relation to amarket contractwhich is not an agreement to sell. |
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(6) |
The reference in sub-paragraph (2) to the rights and liabilities of a defaulter under or in respect of an unsettledmarket contractdoes not include, where he acts as agent, rights or liabilities of his arising out of the relationship of principal and agent. |
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3Paragraph 12A (Content of rules) |
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3The rules of the [UK RIE] must provide that, in the event of a default, any default fund contribution provided by the defaulter shall only be used in accordance with paragraph 12(2)(c)(i) or (ii). |
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Paragraph 13 (Notification to other parties affected) |
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The [UK RIE] must have adequate arrangements for ensuring that - |
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(a) |
in the case of unsettledmarket contractswith a defaulter acting as principal, parties to the contract are notified as soon as reasonably practicable of the default and of any decision taken under the [default rules] in relation to contracts to which they are a party; and |
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(b) |
in the case of unsettledmarket contractswith a defaulter acting as agent, parties to the contract and the defaulter's principals are notified as soon as reasonably practicable of the default and of the identity of the other parties to the contract. |
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Paragraph 14 (Cooperation with other authorities) |
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The [UK RIE] must be able and willing to cooperate, by the sharing of information and otherwise, with the Secretary of State, anyrelevant office-holderand any other authority or body having responsibility for any matter arising out of, or connected with, the default of amemberof the [UK RIE] or any [designated non-member] or the default of a [recognised clearing house] or another [recognised investment exchange].3 |
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Paragraph 15 (Margin) |
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(1) |
Where the [UK RIE] provides clearing services, the [default rules] of the [UK RIE] must provide that in the event of a default, margin provided by the defaulter for his own account is not to be applied to meet a shortfall on aclient3account other than a client account of the defaulter.3 3 |
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(2) |
This paragraph is without prejudice to the requirements of anyrulesrelating to clients' money made by the [FSA] under sections 138 and 139 of theAct. |
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3(3) |
For the purposes of this paragraph, "client account of the defaulter" means an account held by the [UK RIE] in the name of the defaulter in which relevant transactions effected by the defaulter have been recorded. |
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3(4) |
In sub-paragraph (3) "relevant transaction" has the same meaning as in regulation 16(1) of the Financial Markets and Insolvency Regulations 1991. |