Related provisions for CONC App 1.1.12

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IFPRU 4.12.14GRP
Where a firm applies for such permission, the FCA would expect the scope should be defined according to a range of characteristics, including the type of asset class and the structural features of the transaction. The characteristics the FCA would expect a firm to consider when scoping a permission application include:(1) asset class (eg, residential mortgages, commercial mortgages, credit card receivables, leasing, loans to corporates or small and medium-sized enterprises (SMEs),
IFPRU 4.12.40GRP
Although this section sets out the FCA's expectations regarding securitisations, these expectations are also relevant for other similar credit protection arrangements.
IFPRU 4.12.41GRP
The FCA will seek to ensure that the securitisation framework is not used to undermine or arbitrage other parts of the prudential framework. For other similar credit protection arrangements (eg, those subject credit risk mitigation or trading book requirements), the impact of certain features (such as significant premiums or call options) may cast doubt on the extent of risk transferred and the resulting capital assessment. Features which result in inadequate own funds requirements
CONC 7.17.2RRP
(1) Subject to (2), this section does not apply where the P2P agreement provides for credit of less than £50.(2) Paragraph (1) does not apply where two or more P2P agreements in relation to the same borrower (whether or not with the same lender) are entered into at or about the same time.(3) Where (2) applies, the firm's obligations in CONC 7.17 apply as if all of the P2P agreements made with a borrower at or about the same time were a single agreement.
CONC 7.17.6RRP
In this section “payments” means payments to be made at predetermined intervals provided for under the terms of the agreement.
CONC App 1.3.1RRP
(1) This section specifies:(a) the persons or classes of persons to whom the exemption in article 60E(2) of the Regulated Activities Order applies; and(b) the agreements or classes of agreement to which the exemption in article 60E(2) of the Regulated Activities Order applies. (2) Where the lender is a body specified in CONC App 1.3.2 R or an authorised person with permission to accept deposits, article 60E(2) of the Regulated Activities Order applies only to(a) a borrower-lender-supplier
CONC App 1.3.2RRP

Bodies whose agreements of the specified description are exempt agreements

INSURANCE COMPANIES

Abbey Life Assurance Company Limited

Abbey Life Pension and Annuities Limited

Albany Life Assurance Company Limited

Allchurches Life Assurance Limited

Alliance Assurance Company Limited

Allied Dunbar Assurance PLC

Ambassador Life Assurance Company Limited

American Life Insurance Company

Ansvar Insurance Company Limited

Atlas Assurance Company Limited

Australian Mutual Provident Society

Avon Insurance PLC

Black Horse Life Assurance Company Limited

Bradford Insurance Company Limited

Britannic Assurance Public Limited Company

The British & European Reinsurance Company Limited

British Equitable Assurance Company Limited

The British Life Office Limited

The British Oak Insurance Company Limited

British Reserve Insurance Company Limited

Caledeonian Insurance Company

The Cambrian Insurance Company Limited

The Canada Life Assurance Company

Cannon Assurance Limited

Car and General Insurance Corporation Limited

City of Westminster Assurance Company Limited

City of Westminster Assurance Society Limited

Clerical, Medical and General Life Assurance Society

Colonial Life (UK) Limited

The Colonial Mutual Life Assurance Society Limited

Commercial Union Assurance Company plc

Commercial Union Pensions Management Limited

Commercial Union Life Assurance Company Limited

Confederation Life Insurance Company

The Contingency Insurance Company Limited

Co-operative Insurance Society Limited

Cornhill Insurance Public Limited Company

Criterion Insurance Company Limited

Crown Life Assurance Company Limited

Crown Life Insurance Company Limited

Crown Life Pensions Limited

Crusader Insurance PLC

The Dominion Insurance Company Limited

Eagle Star Insurance Company Limited

Ecclesiastical Insurance Office plc

Economic Insurance Company Limited

English & American Insurance Company Limited

The Equitable Life Assurance Society

Equico International Limited

Equity & Law Life Assurance Society plc

Essex and Suffolk Insurance Company Limited

Excess Insurance Company Limited

Federation Mutual Insurance Limited

Fine Art and General Insurance Company Limited

Friends' Provident Life Office

FS Assurance Limited

General Accident Fire and Life Assurance Corporation Public Limited Company

General Accident Life Assurance Limited

General Accident Linked Life Assurance Limited

General Portfolio Life Insurance Public Limited Company

Gisborne Life Assurance Company Limited

Gresham Life Assurance Society Limited

Guardian Assurance plc

Guardian Royal Exchange Assurance plc

Hill Samuel Life Assurance Limited

The Ideal Insurance Company Limited

The Imperial Life Assurance Company of Canada

Irish Life Assurance plc

The Iron Trades Employers Insurance Association Limited

Legal and General Assurance Society Limited

The Licenses and General Insurance Company Limited

The Life Association of Scotland Limited

London Aberdeen & Northern Mutual Assurance Society Limited

London and Manchester Assurance Company Limited

London and Manchester (Pensions) Limited

London & Scottish Assurance Corporation Limited

The London Assurance

The London Life Association Limited

The Manufacturers Life Insurance Company

Marine and General Mutual Life Assurance Society

Maritime Insurance Company Limited

Medical Sickness Annuity & Life Assurance Society Limited

The Mercantile and General Reinsurance Company plc

Midland Assurance Limited

The Motor Union Insurance Company Limited

Minister Insurance Company Limited

Municipal Life Assurance Limited

Municipal Mutual Insurance Limited

NALGO Insurance Association Limited

National Employers' Life Assurance Company Limited

National Employers' Mutual General Insurance Association Limited

The National Farmers Union Mutual Insurance Society Limited

National House-Building Council

The National Insurance and Guarantee Corporation PLC

The National Mutual Life Association of Australasia Limited

National Mutual Life Assurance Society

National Provident Institution

National Vulcan Engineering Insurance Group Limited

N.E.L. Pensions Limited

The New Zealand Insurance plc

North British & Mercantile Insurance Company Limited

The Northern Assurance Company Limited

Norwich Union Asset Management Limited

Norwich Union Fire Insurance Society Limited

Norwich Union Insurance Group (Pensions Management) Limited

Norwich Union Life Insurance Society

NRG London Reinsurance Company Limited

Oaklife Assurance Limited

The Ocean Accident & Guarantee Corporation Limited

The Orion Insurance Company P.L.C.

Pearl Assurance Public Limited Company

Pensions Management (SWF) Limited

Permanent Insurance Company Limited

Phoenix Assurance Public Limited Company

Pioneer Mutual Insurance Company Limited

Prolific Life and Pensions Limited

Property Growth Pensions & Annuities Limited

Provident Life Association Limited

Provident Mutual Life Assurance Association

Provincial Insurance Public Limited Company

The Prudential Assurance Company Limited

Railway Passengers Assurance Company

Refuge Assurance, public Limited company

Regency Life Assurance Company Limited

The Reliance Fire and Accident Insurance Corporation Limited

The Reliance Marine Insurance Company Limited

Reliance Mutual Insurance Society Limited

Royal Exchange Assurance

Royal Insurance Public Limited Company

Royal Insurance (Int.) Limited

Royal Insurance (U.K.) Limited

Royal Life Insurance Limited

Royal Life (Unit Linked Assurances) Limited

Royal Life (Unit Linked Pension Funds) Limited

The Royal London Mutual Insurance Society Limited

The Royal National Pension Fund for Nurses

Royal Reinsurance Company Limited

Schroder Life Assurance Limited

Scottish Amicable Life Assurance Society

Scottish Equitable Life Assurance Society

Scottish General Insurance Company Limited

Scottish Insurance Corporation Limited

The Scottish Life Assurance Company

The Scottish Mutual Assurance Society

The Scottish Provident Institution

Scottish Union and National Insurance Company

Scottish Widows' Fund and Life Assurance Society

Sentinel Life plc

Skandia Life Assurance Company Limited

Standard Life Assurance Company

Standard Life Pension Funds Limited

The State Assurance Company Limited

Suffolk Life Annuities Limited

Sun Alliance and London Assurance Company Limited

Sun Insurance Office Limited

Sun Life Assurance Company of Canada

Sun Life Assurance Society plc

Target Life Assurance Company Limited

Teachers Assurance Company Limited

Trident Investors Life Assurance Company Limited

Trident Life Assurance Company Limited

Trinity Insurance Company Limited

UK Life Assurance Company Limited

United British Insurance Company Limited

United Friendly Insurance plc

United Kingdom Temperance and General Provident Institution

United Standard Insurance Company Limited

The University Life Assurance Society

The Victory Reinsurance Company Limited

Wesleyan and General Assurance Society

The Western Australian Insurance Company Limited

The White Cross Insurance Company Limited

World-Wide Reassurance Company Limited

The Yorkshire Insurance Company Limited

Zurich Life Assurance Company Limited

FRIENDLY SOCIETIES

The Ancient Order of Foresters Friendly Society

Anglo-Saxons Friendly Society

Blackburn Philanthropic Mutual Assurance Society

British Benefit Society

British Order of Ancient Free Gardeners' Friendly Society

Brunel Assurance Society

Cirencester Benefit Society

Civil Servants' Annuities Assurance Society

Colmore Friendly Society

Coventry Assurance Society

Dentists' Provident Society

Devon and Exeter Women's Equitable Benefit Society

The Exeter Equitable Friendly Society

Grand United Order of Oddfellows Friendly Society

The Hampshire and General Friendly Society

Harvest Friendly Society

Hearts of Oak Benefit Society

The Ideal Benefit Society

Independent Order of Oddfellows Kingston Unity Friendly Society

The Independent Order of Odd Fellows Manchester Unity Friendly Society

The Independent Order of Rechabites, Salford Unity, Friendly Society

Leeds District of the Ancient Order of Foresters Investment Association

Leek Assurance Collecting Society

The Leicester District Foresters' Investment Society

Liverpool Victoria Friendly Society

The Manchester and Districts of the Ancient Order of Foresters Investment Association

National Deposit Friendly Society

National Equalized Druids Friendly Society

National United Order of Free Gardeners Friendly Society

New Tab Friendly Society

Northumberland and Durham Miners' Permanent Relief Fund Friendly Society

Nottingham Oddfellows Assurance Friendly Society

The Order of Druids Friendly Society

The Order of the Sons of Temperance Friendly Society

Original Holloway Society

Pioneer Benefit Society

Preston Catholic Collecting Society

Preston Shelley Assurance Collecting Society

Provident Reliance Friendly Society

Rational and County Assurance Society

Royal Liver Friendly Society

Scottish Friendly Assurance Society

The Scottish Legal Life Assurance Society

The Shepherds Friendly Society

Sons of Scotland Temperance Friendly Society

Stepney District Distressed Members' Pension Benevolent Fund

The Sussex Widow and Orphans Society

Teachers Provident Society

Time Assurance Society

Tunbridge Wells Equitable Friendly Society

Tunstall and District Assurance Collecting Society

United Ancient Order of Druids Friendly Society

United Kingdom Civil Service Benefit Society

United Patriots' National Benefit Society

West Surrey General Benefit Society

Widow and Orphan Fund of the Woolwich District of the Independent Order of Odd Fellows, Manchester Unity Friendly Society

Widow and Orphans' Fund, Stepney District of the Independent Order of Odd Fellows, Manchester Unity Friendly Society

Widow, Widowers and Orphans' Fund of the Godalming District of the Independent Order of Oddfellows, Manchester Unity, Friendly Society

Wiltshire Holloway Benefit Society

CHARITIES

The Central Board of Finance of the Church of England

Church Commissioners

The Church of England Pensions Board

The Church of Scotland

The Church of Scotland General Trustees

Church of Scotland Trust

The Representative Body of the Church in Wales

Timber Trades Benevolent Society

The Winchester Diocesan Board of Finance

York Diocesan Board of Finance Limited

AGRICULTURAL CORPORATIONS

The Agricultural Mortgage Corporation Public Limited Company

The Scottish Agricultural Securities Corporation Public Limited Company

OTHER BODIES

General Practice Finance Corporation Limited

CONC App 1.3.3RRP

Bodies Corporate

Description of Agreement and Enactments

LAND IMPROVEMENT COMPANIES

The Lands Improvement Company:

Relevant credit agreements relating to the purchase of land, being agreements made pursuant to

(a)

the Lands Improvement Company's Acts 1853 to 1969; or

(b)

the Improvement of Land Acts 1864 and 1899.

BODIES CORPORATE NAMED OR SPECIFICALLY REFERRED TO IN A PUBLIC GENERAL ACT - UNITED KINGDOM

The Greater London Authority

Relevant credit agreements relating to the purchase of land, being agreements made under the Authority's power to give financial assistance under section 30 of the Greater London Authority Act 1999.

Homes and Communities Agency

Relevant credit agreements relating to the purchase of land, being agreements made under the Agency's powers to give financial assistance under section 19 of the Housing and Regeneration Act 2008.

The Eastern Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

The Electricity Council:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Council and employees or prospective employees of the Council pursuant to section 2(5) of the Electricity Act 1947, as applied in relation to the Council by section 3(6) of the Electricity Act 1957.

The London Docklands Development Corporation:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made pursuant to section 136 of the Local Government, Planning and Land Act 1980.

The London Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

The North Eastern Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

Sea Fish Industry Authority:

Relevant credit agreements relating to the purchase of land, being agreements made pursuant to section 3(1)(e) and (f) of the Fisheries Act 1981.

The South Eastern Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

The South Western Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

The Southern Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

The Yorkshire Electricity Board:

Agreements of a description falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c), being agreements made between the Board and employees or prospective employees of the Board pursuant to section 2(5) of the Electricity Act 1947.

NORTHERN IRELAND

Eastern Health and Social Services Board:

Relevant credit agreements relating to the purchase of land, being agreements made pursuant to article 59 of and Schedule 9 to the Health and Personal Social Services (Northern Ireland) Order 1972.

Northern Health and Social Services Board:

Relevant credit agreements relating to the purchase of land, being agreements made pursuant to article 59 of and Schedule 9 to the Health and Personal Social Services (Northern Ireland) Order 1972

Southern Health and Social Services Board:

Relevant credit agreements relating to the purchase of land, being agreements made pursuant to article 59 of and Schedule 9 to the Health and Personal Social Services (Northern Ireland) Order 1972.

Welsh Ministers

Relevant credit agreements relating to the purchase of land, being agreements falling within CONC App 1.3.1R (2)(a) to CONC App 1.3.1R (2)(c) which are made pursuant to section 36 of the New Towns Act 1981 and which related to property of the Commission for the New Towns transferred to them under a scheme made under section 51(1) of the Housing and Regeneration Act 2008.

Western Health and Social Services Board:

Relevant credit agreements relating to the purchase of land being agreements made pursuant to article 59 of and Schedule 9 to the Health and Personal Social Services (Northern Ireland) Order 1972.

GEN 4.3.8GRP
8A credit firm which carries on the activity of entering into a regulated credit agreement as lender , in respect of an agreement 9to which articles 5 and 6 of the Consumer Credit Directive apply is under an obligation to disclose pre-contract information in the form and to the extent required by the Consumer Credit (Disclosure of Information) Regulations 2010 (SI 2010/1013)9. Firms which carry on credit broking may take on the same obligation. A credit firm must also ensure specified
GEN 4.3.9GRP
8The effect of GEN 4.3.7 R is that a credit firm in relation to a regulated credit agreement covered by the Consumer Credit Directive does not need to comply with GEN 4.3.1 R in relation to those letters (or electronic equivalents) that accompany the information required under the Regulations referred to in GEN 4.3.8 G.
CONC 10.2.7GRP
The definition of relevant debts under management refers to a debt due under a credit agreement or a consumer hire agreement in relation to which the firm is carrying on debt adjusting or an activity connected to that activity. The reference to "debt due" covers not only amounts that are payable at the time the prudential resources requirement is calculated but also amounts the borrower is presently obliged to pay under the credit agreement in the future.
CONC 10.2.12GRP
If during the following year 20% (£200) of each relevant debt under management is paid off by the borrower or hirer leaving an outstanding balance of £800 on each relevant debt under management,and during that year the firm does not carry on debt adjusting in relation to any further debts due under credit agreements or consumer hire agreements, the total value of the firm'srelevant debt under management is £8,000,000. If the firm does not carry on any other regulated activity
BIPRU 4.10.32RRP
(1) This rule sets out how the calculations under BIPRU 5.6.11 R (Using the supervisory volatility adjustments or the own estimates volatility adjustments approaches to master netting agreements covering repurchase transactions and/or securities or commodities lending or borrowing transactions and/or other capital market driven transactions) must be modified under the IRB approach.(2) Where risk weighted exposure amounts and expected loss amounts are calculated under the IRB approach,
BIPRU 4.10.33RRP
(1) This rule sets out how the calculations under BIPRU 5.6.24 R (Using the internal models approach to master netting agreements covering repurchase transactions and/or securities or commodities lending or borrowing transactions and/or other capital market driven transactions) must be modified under the IRB approach.(2) Where risk weighted exposure amounts and expected loss amounts are calculated under the IRB approach E is the exposure value for each separate exposure under
BIPRU 4.10.34RRP
(1) This rule sets out how the calculations under BIPRU 5.6.29 R (Calculating risk-weighted exposure amounts and expected loss amounts for master netting agreements covering repurchase transactions and/or securities or commodities lending or borrowing transactions and/or other capital market driven transactions) must be modified under the IRB approach.(2) E* must be taken as the exposure value of the exposure to the counterparty arising from the transactions subject to the master
PERG 2.8.6CGRP
9The following activities are excluded from the regulated activity of credit broking:Introducing by individuals in the course of canvassing off trade premises(1) Activities carried on by an individual by canvassing off trade premises:(a) a restricted-use credit agreement to finance a transaction between the lender or a member of the lender's group and the borrower; or(b) a regulated consumer hire agreement;are excluded from credit broking, as long as the individual does not carry
PERG 2.8.7CGRP
(1) 9Activities carried on by:(a) the lender or owner under the agreement;(b) the supplier in relation to the credit agreement;(c) a credit broker who has acquired the business of the person who was the supplier in relation to the credit agreement; or(d) a person who would be a credit broker but for the exclusion in PERG 2.8.6CG (1) where the agreement was made in consequence of an introduction (by that person or another person) to which that exclusion applies;are excluded from
PERG 2.8.12AGRP
3Advice given by an unauthorised person in relation to a home finance transaction in the circumstances referred to in PERG 2.8.6AG (5)(a) or (b) (Arranging deals in investments and arranging a home finance transaction) is also excluded. In addition:(1) the following exclusions apply in specified circumstances where a person is advising on investments or advising on a home finance transaction:(a) while acting as trustee or personal representative (see PERG 2.9.3 G);(b) in connection
TC App 2.1.1RRP

1UK domestic firm

Incoming EEA firm

Overseas firm (other than an incoming EEA firm)

MiFID business and equivalent third country business

TC applies in respect of employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom

and

TC also applies insofar as an activity is carried on from an establishment maintained by the firm (or its appointed representative or, where applicable, its tied agent) in, and within the territory of, another EEA State

TC does not apply

TC applies in respect of employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom

Insurance mediation activities

TC applies in respect of employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom

and

TC also applies in respect of employees who engage in or oversee activities from a branch established in another EEA state

TC does not apply

TC does not apply

Regulated mortgage activity and reversion activity

TC applies if the customer is resident in the United Kingdom at the time the regulated mortgage activity or reversion activity is carried on

and

TC also applies if the customer is resident in another EEA State (at the time that the activity is carried on) but only if the activity is carried on from an establishment maintained by the firm or its appointed representative in the United Kingdom

Same as for UK domestic firm

Same as for UK domestic firm

Any other activity in Appendix 1

TC applies in respect of employees who carry on these activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom

and

TC also applies in respect of employees who carry on activities with or for a client in the United Kingdom

TC applies in respect of its employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom

TC applies in respect of its employees who carry on activities from an establishment maintained by the firm (or its appointed representative) in the United Kingdom

CONC 8.4.2RRP
A firm must include in its written contract (other than a credit agreement to which the Consumer Credit (Agreements) Regulations 2010 apply) the following matters:(1) the nature of the service to be provided by the firm, including the specific debt solution to be offered to the customer; [Note: paragraph 3.40b of DMG](2) the duration of the contract; [Note: paragraph 3.40c of DMG](3) the total cost of the firm's service or, where it is not possible to state the total cost, the
CONC 3.11.1RRP
This section applies to a financial promotion in relation to a credit agreement, credit broking, debt counselling, debt adjusting and operating an electronic system in relation to lending in relation to prospective borrowers or borrowers under P2P agreements.
CONC 6.1.2GRP
(1) CONC 6.2, CONC 6.5 and CONC 6.7 apply to firms with respect to consumer credit lending.(2) CONC 6.3 applies to current account agreements that would be regulated credit agreements if the customer overdraws on the account.(3) CONC 6.4 and CONC 6.6 apply to firms which carry on consumer credit lending in relation to regulated credit agreements and firms which carry on consumer hiring in relation to regulated consumer hire agreements.(4) CONC 6.7.17 R to CONC 6.7.26 R also apply
CONC 7.7.4GRP
Where a firm has a contractual right to levy default charges, a regulated credit agreement must state the charges and the conditions for making the charge under, as the case may be, the Consumer Credit (Agreements) Regulations 2010 (SI 2010/1014) or the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553).[Note: paragraphs 3.11c of DCG and 7.15 of ILG]
IFPRU 4.15.1GRP
For purposes of repurchase transactions and securities lending or borrowing transactions, the FCA does not consider that there are any core market participants apart from those entities listed in article 227(3) of the EU CRR.
CONC 3.8.4GRP
For the purposes of CONC 3.8.2R (3) the unsuitability of an agreement does not apply to the question of whether a customer should enter into a regulated credit agreement at all. [Note: paragraph 5.5 (box) of ILG]
MCOB 8.2.2GRP
(1) 2This chapter amplifies Principle 6 (Customers' interests), Principle 7 (Communications with clients) and Principle 9 (Customers: relationships of trust). (2) The purpose of this chapter is to ensure that: (a) customers are adequately informed about the nature of the service they may receive from a firm in relation to equity release transactions. In particular firms need to make clear to customers the range of equity release transactions available from them and the basis of
CONC 4.7.2RRP
(1) When a firm enters into a current account agreement where:(a) there is a possibility that the account-holder may be allowed to overdraw on the current account without a pre-arranged overdraft or exceed a pre-arranged overdraft limit; and (b) if the account-holder did so, this would be a regulated credit agreement;the current account agreement must contain the information in (2) and (3).[Note: section 74A(1) of CCA](2) The information required by (1) is:(a) the rate of interest