Related provisions for FEES 13.2.10
401 - 420 of 605 items.
(1) A SRB agreement provider intending to enter into a2specific regulated sale and rent back agreement with a SRB agreement seller and before it complies with the other requirements in this section, must ensure that the property is properly valued by a valuer:2(a) that meets the competence and independence requirements (see MCOB 2.6A.12 R, MCOB 2.6A.12A R and MCOB 2.6A.13 E ); and (b) using the definition of "market value" set out in the Valuation Standard of the Royal Institution
This table belongs to COLL 7.1.1 R.
Depositary of an ICVC |
3Authorised fund manager of an AUT or ACS 3 |
3Depositary of an AUT or ACS 3 |
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7.1.1 |
x |
x |
x |
x |
x |
x |
7.1.3 |
x |
x |
x |
x |
x |
x |
7.2.1 |
x |
x |
x |
x |
x |
|
7.3.1 |
x |
x |
x |
x |
||
7.3.2 |
x |
x |
x |
x |
||
7.3.3 |
x |
x |
x |
|||
7.3.4 |
x |
x |
x |
|||
7.3.5 |
x |
x |
||||
7.3.6 |
x |
x |
x |
|||
7.3.7 |
x |
x |
x |
x |
||
7.3.8 |
x |
x |
||||
7.3.9 |
x |
|||||
7.3.10 |
x |
x |
x |
x |
||
7.3.11 |
x |
|||||
7.3.12 |
x |
x |
||||
7.3.13 (1) |
x |
x |
||||
7.3.13 (2) |
x |
x |
||||
7.4*3 |
x |
x |
||||
37.4A* |
x |
x |
||||
7.5 |
x |
x |
x |
x |
x |
|
7.6 |
x |
x |
x |
x |
x2 |
|
27.7 |
x |
x |
x |
x |
x |
x |
3Notes: |
(1) |
"x" means "applies", but not every paragraph in every rule will necessarily apply. |
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(2) |
*COLL 7.4 does not apply to the authorised contractual scheme manager or depositary of an ACS. |
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(3) |
*COLL 7.4A does not apply to the manager or depositary of an AUT. |
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(1) Failure to comply with CONC 6.5.2 R, which sets out when a firm must give notice to a customer where a regulated credit agreement has been assigned to a third party, will be taken into account by the FCA in taking decisions about a firm'spermission or about taking other action.[Note: paragraph 3.7g of DCG](2) CONC 6.5.2 R makes it clear that where arrangements for servicing the credit change at the time of the assignment of a regulated credit agreement, notice must be given
A subordinated loan/debt must not form part of the prudential resources of the firm unless it meets the following conditions:(1) it has an original maturity of:(a) at least five years; or(b) it is subject to five years' notice of repayment;(2) the claims of the subordinated creditors must rank behind those of all unsubordinated creditors;(3) the only events of default must be non-payment of any interest or principal under the debt agreement or the winding up of the firm;(4) the
This section sets out the requirements a firm must comply with when it allows another person to hold client money, other than under CASS 7.13.3 R, without discharging its fiduciary duty to that client. Such circumstances arise when, for example, a firm passes client money to a clearing house in the form of margin for the firm's obligations to the clearing house that are referable to transactions undertaken by the firm for the relevant clients. They may also arise when a firm passes
In deciding whether to cancel a firm'sPart 4A permission, the relevant regulator24 will take into account all relevant factors in relation to business carried on under that permission, including whether:24(1) there are unresolved, unsatisfied or undischarged complaints against the firm from any of its customers;(2) the firm has complied with CASS 5.5.80 R and CASS 7.11.34R 13 (Client money: discharge of fiduciary duty)24 and CASS 7.11.50 R135(Client money: allocated but unclaimed
If:(1) a firm appoints an individual to perform a function which, but for this rule, would be an FCA significant-influence function;(2) the appointment is to provide cover for an approved person whose absence is:(a) temporary; or(b) reasonably unforeseen; and(3) the appointment is for less than 12 weeks in a consecutive 12-month period;the description of the relevant FCA significant-influence function does not relate to those activities of that individual.
1132In accordance with article 11 of the Regulated Activities Amendment Order, the Ombudsman can also consider under the Compulsory Jurisdiction:(1) a relevant existing credit-related complaint referred to the Financial Ombudsman Service before 1 April 2014 which was formerly being dealt with under the Consumer Credit Jurisdiction; and(2) a relevant new credit-related complaint referred to the Financial Ombudsman Service on or after 1 April 2014 which relates to an act or omission
2A firm may provide information that would otherwise be subject to a contractual or other requirement to keep it in confidence if it is provided for the purposes of anything required to be done in respect of the skilled person's collection or updating of information under section 166A (Appointment of skilled person to collect and update information) of the Act.
Some of the other rules and guidance in the Handbook deal with the bearing of the Principles upon particular circumstances. However, since the Principles are also designed as a general statement of regulatory requirements applicable in new or unforeseen situations, and in situations in which there is no need for guidance, the appropriate regulator's other rules and guidance should not be viewed as exhausting the implications of the Principles themselves.
If an MCD credit intermediary has, before or at the point of sale, provided an eligible complainant with appropriate information in a durable medium about their internal procedures for the reasonable and prompt handling of complaints pursuant to another rule, the MCD credit intermediary need not refer to the availability of that information again under DISP 1.2.1R(2)(b).9
2When the FCA1 decides whether to make a prohibition order against an approved person and/or withdraw their1 approval, the FCA will consider all the relevant circumstances of the case. These may include, but are not limited to those set out below. (1) The matters set out in section 61(2) of the Act.
(2) Whether the individual is fit and proper to perform functions in relation to regulated activities. The criteria for assessing the fitness and propriety of
(1) An EEA firm must inform a1customer, before any commitment is entered into, of the EEA State in which the head office or, where appropriate, the branch1 with which the contract is to be concluded, is situated.11(2) Any documents issued to the customer must convey the information required by this rule.[Note: article 184(1) of the Solvency II Directive1]1
When a firm appoints or renews the appointment of a supplier under a material outsourcing arrangement, it should satisfy itself that the terms of its contract with the supplier require the supplier to give the FCA4 access to its premises as described in SUP 2.3.5 R (2), and to cooperate with the FCA4 as described in SUP 2.3.7 R. The FCA4 does not consider that the 'reasonable steps' in SUP 2.3.7 R would require a firm to seek to change a contract, already in place either7 when
1The purpose of the rules and guidance in this section is to ensure that, in addition to the notifications made under SUP 12.7 (Appointed representatives; notification requirements), the FCA6 receives regular and comprehensive information about the appointed representatives engaged by a firm, so that the FCA6 is in a better position to pursue the statutory objective6 of the protection of consumers.3666
(1) CONC 1.2.2 R requires a firm to ensure its employees and agents comply with CONC and that it takes reasonable steps to ensure other persons who act on its behalf do so. This rule would apply where a debt collector acts as agent or on behalf of a lender.(2) Situations where it may be justified for a firm to refuse to deal with a person acting on behalf of a customer may include, for example, refusing to deal with that person where the firm is able to show that the person has