Related provisions for CONC 2.1.1

COND 2.3.1AUK01/04/2014

(1) 6A must be capable of being effectively supervised by the FCA having regard to all the circumstances including-(a) the nature (including the complexity) of the regulated activities that A carries on or seeks to carry on;(b) the complexity of any products that A provides or will provide in carrying on those activities;(c) the way in which A’s business is organised;(d) if A is a member of a group, whether membership of the group is likely to prevent the FCA’s effective supervision

SUP 16.1.3R27/09/2019

Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, SUP 16.16, SUP 16.17, SUP 16.22 and SUP 16.2650) 42 66 39 3927

8 8 8 9 9 9 9

(1) Section(s)	(2) Categories of firm to which section applies			(3) Applicable rules and guidance
SUP 16.1,SUP 16.2andSUP 16.3	All categories of firm except:			Entire sections
	(a)	an ICVC;
	(b)	an incoming EEA firm or incoming Treaty firm, which is not:
		(i)	a firm of a type to which SUP 16.6 or 20SUP 16.1220 applies; or
		(ii)	an insurer with permission to effect or carry out life policies 49; orcarry outlife policies; or
		(iii)3	a with to establish, operate or wind up a stakeholder pension scheme;14a firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme;14 or39
		39(iv)	a payment service provider to which SUP 16.22 applies; and
	(c)	a UCITS qualifier.
SUP 16.4 and SUP 16.52	All categories of firm except:			Entire sections
	(-a)	a credit union;2
	(a)	an ICVC;
	(b)	an incoming EEA firm;
	(c)	an incoming Treaty firm;
	(d)	a non-directive friendly society;
	(e)4	[deleted]4
	(f)	a sole trader;
	(g)	a service company;
	(h)	a UCITS qualifier;8 8
	(i)8	a firm with permission to carry on only retail investment activities;8
	(ia)38	a firm with permission only to advise on P2P agreements (unless that activity is carried on exclusively with or for professional clients);38
	(j)8	a firm with permission to carry on only insurance distribution activity 52, home finance mediation activity,16 or both;8 16
	(ja)30	an FCA-authorised person with permission to carry on only credit-related regulated activity;
	48(jb)	a firm with permission to carry on only regulated claims management activities;

	(k)8	a firm falling within a combination of (i), (ia), (j), (ja) and (jb)48. 30 38 30
	46(l)	a firm with permission to carry on only the regulated activity of administering a benchmark;
SUP 16.6	Bank 27			SUP 16.6.4 R to SUP 16.6.5 R
	41			41
				36
	41			41 26 28
	41 28			41 28
	Depositary of an authorised fund 41			SUP 16.6.6R to SUP 16.6.11R41
33SUP 16.7A	A firm subject to the requirement in SUP 16.7A.3 R or SUP 16.7A.5 R			Sections as relevant
SUP 16.8	Insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society 3			Entire section
	3 Firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme 14 14			Entire section3
SUP 16.95	Firm with permission to advise on investments; arrange (bring about) deals in investments; make arrangements with a view to transactions in investments; or arrange safeguarding and administration of assets 5			Entire section5
SUP 16.109	All categories of firm except:9			Entire section9
	(a)9	an ICVC;9
	(b)9	a UCITS qualifier; 21and42
	(c)9	[deleted]42 21 9
	21(d)	a dormant account fund operator.
32SUP 16.11	(1)	A firm, other than a managing agent, which is:
		(a)	a home finance provider; or	Entire section
		(b)	an insurer; or	Entire section
		(c)	the operator of a regulated collective investment scheme or an investment trust savings scheme; or	Entire section
		(d)	a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product; or	Entire section
		(e)	a firm with permission to enter into a regulated credit agreement as lender in respect of high-cost short-term credit or home credit loan agreements; or
	(2)	a firm in whom the rights and obligations of the lender under a regulated mortgage contract are vested.		The provisions governing performance data reports in SUP 16.11 and SUP 16 Annex 21
17SUP 16.12	A firm undertaking the regulated activities as listed in SUP 16.12.4 R, unless exempted in SUP 16.12.1 G			Sections as relevant to regulated activities as listed in SUP 16.12.4 R23
23 24 25SUP 16.14	A CASS large firm and a CASS medium firm			Entire section29
29SUP 16.18	A full-scope UK AIFM and a small authorised UK AIFM			SUP 16.8.3 R
34SUP 16.20	An IFPRU 730k firm and a qualifying parent undertaking that is required to send a recovery plan, a group recovery plan or information for a resolution plan to the FCA 43.			Entire Section
40SUP 16.23	A firm subject to the Money Laundering Regulations and within the scope of SUP 16.23.1R			Entire Section
47SUP 16.23A	A firm undertaking the regulated activities in SUP 16.23A.1R, including all incoming EEA firms or incoming Treaty firms (including those providing cross border services and undertaking the same activities)			Entire section
43SUP 16.24	A firm with permission to effect or carry out contracts of insurance in relation to life and annuity contracts of insurance 45 to the extent that the firm and its business falls within the scope of SUP 16.24.1R.			Entire Section
48SUP 16.25	A firm with permission to carry on regulated claims management activities.			Entire section
27Note 2 50The application of SUP 16.13 is set out under SUP 16.13.1 G;66 the application of SUP 16.15 is set out under SUP 16.15.1 G; the application of SUP 16.16 is set out SUP 16.16.1 R and SUP 16.16.2 R the application of SUP 16.17 is set out in SUP 16.17.3 R and SUP 16.17.4 R66; and the application of SUP 16.26 is set out in SUP 16.26.1R50. 43 66
29Note 3 50The application of SUP 16.18 for the types of AIFMs specified in SUP 16.1.1C G is set out in SUP 16.18.2 G. 43

CONC 4.1.1R01/04/2014

1This section, apart from CONC 4.1.4 R, applies to: (1) a firm with respect to consumer credit lending; or (2) a firm with respect to consumer hiring;including where the firm provides a quotation acting on behalf of a customer.

MCOB 4.4A.12R21/03/2016

The information required by MCOB 4.4A.1 R, MCOB 4.4A.2 R, MCOB 4.4A.4R(1) and (3)8, MCOB 4.4A.8 R and MCOB 4.4A.8A R2 must be provided:222(1) in the case of information required by MCOB 4.4A.1R (1) and MCOB 4.4A.1R (2), MCOB 4.4A.4R (1)(a) and (3), and MCOB 4.4A.8R (1)(a), (c) ,(d) and (2), where the firm is an MCD credit intermediary, in good time before carrying out any MCD credit intermediation activity; 2(1A) in the case of information required by MCOB 4.4A.1R(1) and (2)

FEES 4.2.7KR2/41/2019

42Where the measure is not cumulative (e.g. the number of traders for fee-block A10), the firm must use the figure relating to the valuation date specified in FEES 4 Annex 1R Part 548 (e.g. 31 December for A10)48. Table A sets out the reporting requirements for the key fee-blocks when full48 actual data is not available:

Table A: calculating tariff data for second and subsequent years of authorisation when full trading figures are not available

Fee-block	Tariff base	Calculation where trading data are not available
A1. Deposit acceptors	Average MELS for October - December	Use data available at 31 December or, if trading has not commenced by 31 December, use nil48.
A2. Home finance providers and administrators	Number of relevant contracts entered into or being administered in the twelve months up to 31 December	Apply the formula (A÷B) x 12 to arrive at an annualised figure.
A3. Insurers - general	Gross written premium for fees purposes (GWP) 43for the financial year ended in the calendar year ending 31 December and best estimate liabilities for fees purposes (BEL) 43 valued at the end of the financial year	GWP 43 – apply the formula (A÷B) x 12 to arrive at an annualised figure. BEL – use 43 data at valuation date or, if trading has not commenced by then, use nil48.
A4. Insurers - life	Gross written premium for fees purposes (GWP) 43 for the financial year ended in the calendar year ending 31 December and best estimate liabilities for fees purposes (BEL) 43 valued at the end of the financial year
A5. Managing agents at Lloyd’s	Active capacity in respect of the underwriting year at the beginning of the period to which the fee relates	Not applicable.
A6. The Society of Lloyd’s	Bespoke fee	Not applicable.
A7. Portfolio managers	Funds under management valued at 31 December	Use data as at 31 December or, if trading has not commenced by 31 December, use nil48.
A9. Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes	Annual gross income for the financial year ended in the calendar year ending 31 December	Apply the formula (A÷B) x 12 to arrive at an annualised figure.
A10. Firms dealing as principal	Number of traders as at 31 December	Use data as at 31 December or, if trading has not commenced by 31 December, use nil48.
A13. Advisors, arrangers, dealers or brokers	Annual income for the financial year ended in the calendar year ending 31 December	Apply the formula (A÷B) x 12 to arrive at the annualised figure
A14. Corporate finance advisers
A18. Home finance providers, advisers and arrangers
A19. General insurance distribution44
A21. Firms holding client money or assets, or both	The highest amount of client money and the highest amount of custody assets held over the 12 months ending 31 December	The highest amount of client money and/or custody assets over the period between the date of authorisation and 31 December or, if trading has not started, use nil48.
B. Market operators,41 MTF operators and OTF operators41	Flat fee	Not applicable.
B. Service companies	Annual income for the financial year ended in the calendar year ending 31 December	Apply the formula (A÷B) x 12 to arrive at the annualised figure.
B. Regulated benchmark45 administrators	Annual income for the financial year ended in the calendar year ending 31 December39	Apply the formula (A÷B) x 12 to arrive at the annualised figure.39
B. Recognised investment exchanges	Annual income for the financial year ended in the calendar year ending 31 December39	Apply the formula (A÷B) x 12 to arrive at the annualised figure.39
B. Recognised auction platforms 49	Flat fee 49	Not applicable. 49
B. Recognised overseas investment exchanges	Flat fee	Not applicable.
CC1. Credit-related regulated activities with limited permission	Annual income for the financial year ended in the calendar year ending 31 December	Apply the formula (A÷B) x 12 to arrive at an annualised figure.
CC2. Credit related regulated activities
40	40	40
G.2 Payment services institutions – deposit acceptors	See A1 deposit acceptors
G.3. Large payment services institutions	Relevant income	Apply the formula (A÷B) x 12 to arrive at an annualised figure.
G.4 Small payment institutions	Flat fee	Not applicable.
G.5 Other payment institutions	Relevant income	Apply the formula (A÷B) x 12 to arrive at an annualised figure.
G.10 Large electronic money institutions	Average outstanding e-money over 12 months ending 31 December	Average over the period from authorisation to 31 December.
G.11 Small electronic money institutions	Flat fee	Not applicable.
G.15 Issuer of regulated covered bonds	Value as at 31 December	Not applicable.
G.20 Consumer buy-to-let (CBTL) lender	Flat fee	Not applicable.
G.21 CBTL adviser and arranger	Flat fee	Not applicable.

CREDS 2.2.42G08/01/2012

Depending upon the scale and nature of the credit union's activities, it may be appropriate for the audit committee to delegate the task of monitoring the effectiveness and appropriateness of its systems and controls to an employee or other third party.

CONC 6.7.1R19/12/2018

(1) This section applies to a firm with respect to consumer credit lending.(2) CONC 6.7.17 R to CONC 6.7.26 R also apply to a firm with respect to operating an electronic system in relation to lending in relation to a borrower under a P2P agreement and references in those provisions to a firm refinancing an agreement refer to any action taken by an operator of an electronic system in relation to lending which has the result that a P2P agreement is refinanced.(3) 7CONC 6.7.3AR

Related provisions for CONC 2.1.1

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Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, SUP 16.16, SUP 16.17, SUP 16.22 and SUP 16.2650) 42 66 39 3927