Related provisions for PERG 6.4.4
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 |
1Activity |
Products/Sectors |
Is there an appropriate qualification4requirement? 4 |
|
Designated investment business carried on for a retail client |
|||
Providing basic advice |
1. |
Stakeholder products excluding a deposit-based stakeholder product |
No |
Advising or giving personal recommendations (as relevant)13 |
2. |
Giving personal recommendations on securities13 which are not stakeholder pension schemes, personal pension schemes7 or broker funds |
Yes |
3. |
Giving personal recommendations on derivatives13 |
Yes2 |
|
4. |
Giving personal recommendations on retail investment products13 which are not broker funds 66 |
Yes2 |
|
5. |
Giving personal recommendations on13Friendly Societylife policies where the employee is not reasonably expected to receive a remuneration of greater than £1000 a year in respect of such sales |
No2 |
|
6. |
Giving personal recommendations on13Friendly Society tax-exempt policies (other than Holloway sickness policies where the Holloway policy special application conditions are met)5 |
Yes2 |
|
7. |
Giving personal recommendations on long-term care insurance contracts13 |
Yes2 |
|
8. |
Giving personal recommendations on investments13 in the course of corporate finance business |
Yes2 |
|
9. |
Yes2 |
||
129A. |
Yes |
||
Undertaking the activity in column 2 |
10. |
Yes |
|
11. |
Yes2 |
||
Giving personal recommendations13 and dealing |
12. |
Giving personal recommendations on and dealing in securities13 which are not stakeholder pension schemes, personal pension schemes7 or broker funds |
Yes |
13. |
Giving personal recommendations on and dealing in derivatives13 |
Yes2 |
|
4Dealing |
13A.8 |
Securities which are not stakeholder pension schemes, personal pension schemes7 or broker funds |
No |
No |
|||
13C. |
No |
||
Managing |
14. |
Yes |
|
Overseeing on a day-to-day basis |
15. |
Operating a collective investment scheme or undertaking the activities of a trustee or depositary of a collective investment scheme |
Yes |
16. |
Safeguarding and administering investments or holding client money |
Yes2 |
|
17. |
Administrative functions in relation to managing investments |
Yes2 |
|
18. |
Administrative functions in relation to effecting or carrying out contracts of insurance which are life policies |
Yes2 |
|
19. |
Administrative functions in relation to the operation of stakeholder pension schemes |
Yes2 |
|
Mortgage Activity10 and reversion activity carried on for a customer 10 |
|||
910Advising; arranging (bringing about) an execution-only sale, excluding variations to an existing home finance transaction except where the effect is to change all or part of the home finance transaction from one interest rate to another. See Note 3, which for the avoidance of doubt forms part of this rule. |
20 |
Regulated mortgage contracts for a non-business purpose |
Yes |
20A |
Regulated mortgage contracts for a business purpose |
No |
|
21 |
Yes |
||
9Designing scripted questions for execution-only sales |
21A |
Regulated mortgage contracts for a non-business purpose |
Yes |
21B |
Regulated mortgage contracts for a business purpose |
No |
|
22 |
Yes |
||
Overseeing execution-only sales on a day-to-day basis9 9 |
23. |
Yes |
|
11MCD credit agreement activities carried on for consumers |
|||
11manufacturing |
23A |
No |
|
11entering into a regulated mortgage contract or entering into a regulated credit agreement as lender |
23B |
No |
|
11arranging (bringing about) regulated mortgage contracts or acting as an MCD credit broker |
23C |
No |
|
11advising on a regulated mortgage contract or advising on a regulated credit agreement for the acquisition of land |
23D |
No |
|
11directly managing or supervising employees who carry on any of the MCD credit agreement activities 23A to 23D |
23E |
No |
|
Non-investment insurance business carried on for a consumer |
|||
Giving personal recommendations13 |
24. |
Giving personal recommendations on non-investment insurance contracts13 |
No |
3Regulated sale and rent back activity carried on for a customer |
|||
Advising |
25. |
No |
|
Overseeing an execution-only sale10 on a day-to-day basis 10 |
26. |
No |
|
Notes: |
|||
1. |
In the Appendix the heading and types of business specified in the headings are to be read in conjunction with the paragraphs appearing beneath them. |
||
2. |
Thus, for example, paragraph 24,13 consistent with the heading above it, refers only to personal recommendations given in relation to13non-investment insurance contracts given to a consumer.10 33 |
||
122A. |
In relation to activity number 9A, see TC 2.1.5HR and TC 2.1.6R(2). There is no qualification for this activity in the list of qualifications set out in TC Appendix 4E. However, the effect of TC 2.1.5HR is that an employeeadvising on P2P agreements must be qualified to the same standard as if that employee were providing investment advice to retail clients on retail investment products. |
||
103. |
For the purpose of product numbers 20, 20A and 21 the activity of arranging (bringing about) referred to in the activity column: (a) includes activity which would be arranging (bringing about) but for the exclusion in article 28A of the Regulated Activities Order; and (b) does not include activities which taken on their own would not fall within the definition of that activity. For these purposes no account should be taken of the fact that for an activity to be a regulated activity it must be carried on by way of business (see PERG 4.3). |
||
4. |
In this Appendix, paragraphs 23A, 23B, 23C, 23D and 23E relate to the implementation of article 9(1) of the MCD. The specified activities do not, in and of themselves, attract a qualification requirement. However, where those activities overlap with those specified under the heading "mortgage activity and reversion activity carried on for a customer", qualification requirements may apply. |
- (1)
Before a pure protection contract is concluded, a firm must communicate, at least,1 the information in the table below to the customer.1
1 - (2)
The information must be provided in a clear and accurate manner, in writing, and in an official language of the State of the commitment or in another language if the policyholder so requests and the law of the State of the commitment so permits or the policyholder is free to choose the applicable law.1
1
Information to be communicated before conclusion |
|
(1) |
The name of the insurance undertaking and its legal form. |
(2) |
The name of the EEA State in which the head office and, where appropriate, the agency or branch1 concluding the contract is situated. 1 |
(3) |
The address of the head office and, where appropriate, of the agency or branch concluding the contract. |
1(3a) |
A concrete reference to the firm'sSFCR allowing the policyholder easy access to this information. |
(4)* |
Definition of each benefit and each option. |
(5)* |
Term of the contract. |
(6)* |
Means of terminating the contract. |
(7)* |
Means of payment of premiums and duration of payments. |
(8)* |
Information on the premiums for each benefit, both main benefits and supplementary benefits, where appropriate. |
(9)*1 |
Arrangements for application of the cancellation period. |
(10) |
General information on the tax arrangements applicable to the type of policy. |
(11) |
The arrangements for handling complaints concerning contracts by policyholders, lives assured or beneficiaries1 under contracts including, where appropriate, the existence of a complaints body (usually the Financial Ombudsman Service), without prejudice to the right to take legal proceedings. 1 |
(12) |
The law applicable to the contract where the parties do not have a free choice or, where the parties are free to choose the law applicable, the law the firm1 proposes to choose. 1 |
Note: The rule on mid-term changes applies to items marked with an asterisk (see ICOBS 6.3.3 R). |
[Note: article 185 of the Solvency II Directive1]
1Glossary of defined terms for Chapter 9
Note: If a defined term does not appear in the glossary below, the definition appearing in the HandbookGlossary applies.
approved exchange |
means an investment exchange listed as such in Appendix 33 to IPRU-INV 3. |
exchange |
means a recognised investment exchange or designated investment exchange. |
initial capital |
means the initial capital of a firm calculated in accordance with section 9.3. |
intangible assets |
the full balance sheet value of a firm's intangible assets including goodwill, capitalised development costs, licences, trademark and similar rights etc. |
intermediate broker |
in relation to a margined transaction, means any person through whom the firm undertakes that transaction. |
material current year losses |
means losses of an amount equal to 10% or more of initial capital minus B (with B calculated in accordance with Table 9.5.2R). |
material holding |
means a firm's holdings of shares and any other interest in the capital of a credit institution or financial institution: (a) which exceeds 10% of the capital of the issuer, and, where this is the case, any holdings of subordinated debt of the same issuer, the full amount is a material holding; or (b) holdings not deducted under (a) if the total amount of such holdings exceeds 10% of that firm'sown funds, in which case only the excess amount is a material holding. |
material insurance holdings |
(a) means the holdings of an exempt CAD firm of items of the type set out in (b) in any: (i) insurance undertaking; or (ii) insurance holding company that fulfils one of the following conditions: (iii) it is a subsidiary undertaking of that firm; or (iv) that firm holds a participation in it. (b) An item falls into this provision for the purpose of (a) if it is: (i) an ownership share; or (ii) subordinated debt or another item of capital that forms part of the tier two capital resources that1 falls into GENPRU 2 or, as the case may be, INSPRU 7, or is an item of “basic own funds” defined in the PRA Rulebook: Glossary. |
own funds |
means the own funds of a firm calculated in accordance with 9.2.9R(2) and The Interim Prudential Sourcebook for Investment Businesses Chapter 9: Financial resources requirements for an exempt CAD firm Page 2 of 2 Version: November 2007 9.2.8R(b). |
own funds requirement |
means the requirement set out in 9.2.9R(1) and 9.2.8R(b). |
verified |
means checked by an external auditor who has undertaken at least to: (a) satisfy himself that the figures forming the basis of the interim profits have been properly extracted from the underlying accounting records; (b) review the accounting policies used in calculating the interim profits so as to obtain comfort that they are consistent with those normally adopted by the firm in drawing up its annual financial statements and are in accordance with the relevant accounting principles; (c) perform analytical procedures on the result to date, including comparisons of actual performance to date with budget and with the results of prior period(s); (d) discuss with management the overall performance and financial position of the firm; (e) obtain adequate comfort that the implications of current and prospective litigation, all known claims and commitments, changes in business activities and provisioning for bad and doubtful debts have been properly taken into account in arriving at the interim profits; and (f) follow up problem areas of which he is already aware in the course of auditing the firm's financial statements. |