Related provisions for BIPRU 2.3.6

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CONC 3.2.1GRP
The rules in this chapter adopt various concepts from the restriction on financial promotions by unauthorised persons in section 21(1) of the Act (Restrictions on financial promotion). Guidance on that restriction and the communications which are exempt from it is contained in PERG 8 (Financial promotion and related activities) and that guidance will be relevant to interpreting these rules. In particular, guidance on the meaning of:(1) 'communicate' is in PERG 8.6 (Communicate);
DTR 2.1.3GRP
The purpose of this chapter is to:(1) promote prompt and fair disclosure of relevant information to the market; and2(2) give guidance on aspects relating to disclosure of such information, including the circumstances allowing delayed disclosure.2
SUP 3.5.4GRP
The appropriate regulator will regard an auditor as independent if his appointment or retention does not breach the ethical guidance in current issue from the auditor's recognised supervisory body on the appointment of an auditor in circumstances which could give rise to conflicts of interest.
REC 5.1.2GRP
This chapter sets out guidance for UK applicants and for UK entities which are considering making an application. Guidance for applicants and prospective applicants for ROIE2 status is given in REC 6.2
CONC 7.10.4GRP
Firms should note CONC 7.2.1 R (and its accompanying guidance) which requires firms to establish and implement policies and procedures for the fair and appropriate treatment of particularly vulnerable customers.
CASS 11.4.1GRP
CASS 11 provides important safeguards for the protection of client money held by CASS debt management firms that sit alongside the fiduciary duty owed by firms in relation to client money. CASS 11.4.2 R to CASS 11.4.4 G provide guidance and rules for when money ceases to be client money for the purposes of both those rules and of the fiduciary duty which CASS debt management firms owe to clients in relation to client money.
PERG 1.3.1GRP
This guidance is issued under section 139A of the Act (Guidance). It represents the FCA's views and does not bind the courts. For example, it would not bind the courts in an action for damages brought by a private person for breach of a rule (see section 138D of the Act (Actions for damages)), or in relation to the enforceability of a contract where there has been a breach of sections 19 (The general prohibition) or 21 (Restrictions on financial promotion) of the Act (see sections
SUP 8.9.1GRP
The waivers regime is overseen by a staff committee. Its responsibility is to ensure that the giving of waivers is in accordance with the requirements of the Act, of the guidance in SUP 8 and of other relevant guidance. Decisions on individual applications are made under arrangements designed to result in rapid, responsive and well-informed decision making. The arrangements include arrangements for collective decision making to set general policies, and, as necessary, determine
PERG 5.11.1GRP
This part of the guidance deals with:(1) exclusions which are disapplied where the regulated activity relates to contracts of insurance;(2) exclusions which are disapplied where a person carries on insurance distribution5; and(3) the following exclusions applying to more than one regulated activity:(a) activities carried on in the course of a profession or non-investment business (article 67 (Activities carried on in the course of a profession or non-investment business));(b)
PERG 5.11.2GRP
Several exclusions that would5 have the effect of restricting the scope of the regulated activities referred to in this guidance5 are disapplied or modified. This was6 in order to properly implement IDD5.
TC 2.1.10BGRP
(1) 17TC Appendix 6G sets out guidance in relation to accredited bodies.(2) TC Appendix 7G sets out guidance on gap-filling in relation to appropriate qualifications and the function of accredited bodies in that regard.
TC 2.1.30GRP
The Glossary definition of accredited body contains a list of bodies recognised by the FCA for the purpose of providing the independent verification required under TC 2.1.27 R. Information on accredited bodies, including guidance on the process for including a body in the list is set out inTC Appendix 6G and the obligation to pay the application fee is set out in FEES 3.2.1717
IFPRU 4.11.10GRP
Where the rating system is classed as a low default portfolio in accordance with the guidance in this section, a firm should be able to demonstrate that the framework applied adequately considers:(1) economic environment of data used;(2) changes in portfolio composition over time;(3) parameter choices; and(4) model philosophy.
IFPRU 4.11.15GRP
Where the firm has fewer1than 20 defaults in their internal data set, the FCA expects it to be necessary for firms to perform a statistical low default portfolio calibration, as set out in the guidance in this section.1
DISP 1.1A.7RRP

The table below sets out how DISP 1.1A applies to MiFID complaints relating to:

  1. (1)

    the activities of a MiFID investment firm carried on from an establishment in the United Kingdom; and2

  2. (2)

    the equivalent business of a third country investment firm where the complaint is received from a retail client or an elective professional client.2

  3. (3)

    [deleted]2

  4. (4)

    [deleted]2

Table: Application of DISP 1.1A to the MiFID business of firms in the UK, and the equivalent business of third country investment firms2

(1) Provision

(2) Provision applies to the MiFID business of a firm carried on from an establishment in the UK?

(3) Provision applies to the equivalent third country business of a third country investment firm where the complaint is received from a retail client or an elective professional client?

2

2

1.1A.10UK2

Yes

Yes

2

2

1.1A.11R

Yes

Yes

2

2

1.1A.12UK2

Yes

Yes

2

2

1.1A.13UK2

Yes

Yes

2

2

1.1A.14G

Yes

Yes

2

2

1.1A.15G

Yes

Yes

2

2

1.1A.16UK2

Yes

Yes

2

2

1.1A.17UK2

Yes

Yes

2

2

1.1A.18UK2

Yes

Yes

2

2

1.1A.19G

Yes

Yes

2

2

1.1A.20R

Yes

Yes

2

2

1.1A.21G

Yes

Yes

2

2

1.1A.22R

Yes

Yes

2

2

1.1A.23R

Yes

Yes

2

2

1.1A.24UK2

Yes

Yes

2

2

1.1A.25UK2

Yes

Yes

2

2

1.1A.26R

Yes

Yes

2

2

1.1A.27G

Yes

Yes

2

2

1.1A.28R

Yes

Yes

2

2

1.1A.29UK2

Yes

Yes

2

2

1.1A.30UK2

Yes

Yes

2

2

1.1A.31R

Yes

Yes

2

2

1.1A.32G

Yes

Yes

2

2

1.1A.33G

Yes

Yes

2

2

1.1A.34G

Yes

Yes

2

2

1.1A.35R

Yes

Yes

2

2

1.1A.36R

Yes

Yes

2

2

1.1A.37UK2

Yes

Yes

2

2

1.1A.38UK2

Yes

Yes

2

2

1.1A.39R

Yes

Yes

2

2

1.1A.40R

Yes

Yes

2

2

1.1A.41G

Yes

Yes

2

2

1.1A.42R

No

No

2

2

Notes

(1) [deleted]2

(2) This table should be read in conjunction with the rules and guidance in DISP 1.1A.1R to DISP 1.1A.6R.

DISP 1.1A.21GRP
Factors that may be relevant in the assessment of a MiFID complaint under DISP 1.1A.20R(2) include the following: (1) all the evidence available and the particular circumstances of the complaint;(2) similarities with other complaints received by the respondent; (3) relevant guidance published by the FCA, other relevant regulators, the Financial Ombudsman Service or former schemes; and (4) appropriate analysis of decisions by the Financial Ombudsman Service concerning similar
COLL 6.6B.12GRP
A firm’s attention is also drawn to the organisational requirements in SYSC. The rules and guidance in SYSC apply to a depositary appointed under COLL 6.6A.8R(3), in accordance with the application provisions summarised in SYSC 1.1A (Application) and provided in detail in SYSC 1 Annex 1.
COLL 6.6B.31GRP
SYSC 18 (Guidance on Public Interest Disclosure Act: Whistleblowing) contains further guidance on the effect of the Public Interest Disclosure Act 1998 in the context of the relationship between firms and the FCA.
MAR 10.4.6GRP
1For the purposes of making the weekly report referred to under MAR 10.4.3R(2), the FCA will accept an email containing a link to the report, as published on the firm’s website. Emails should be sent to the FCA at COT_reports@fca.org.uk.3
MAR 10.4.11GRP
(1) 2This guidance applies to persons subject to MAR 10.4.8D(2)3.(2) A firm subject to MAR 10.4.8D(2)3may use a third party technology provider to submit to the FCA the report referred to in MAR 10.4.8 D(2) provided that it does so in a manner consistent with MiFID. It will retain responsibility for the completeness, accuracy and timely submission of the report and should populate field 5 of MiFID ITS 4 Annex II with its own reporting entity identification. It should be the applicant
DISP 1.1.1GRP
30This chapter contains rules and guidance on how respondents should deal promptly and fairly with complaints in respect of business:3030(1) carried on from establishments in the United Kingdom; or3030(2) carried on from establishments in an EEA State, in the case of a TP firm, a TA EMI firm, a TA PI firm or a TA RAISP firm with respect to services provided into the United Kingdom; or3030(3) carried on in Great Britain, in respect of regulated claims management activities, (see
DISP 1.1.20GRP
Further guidance on the application of this chapter is set out in the table in DISP 1 Annex 2.
SUP 18.4.1GRP
It is for the committee of management of a friendly society to decide whether to recommend an amalgamation or a transfer of engagements to the society's members. This section provides some guidance on the procedures to be followed and the information to be provided to a friendly society's members so that they are appropriately informed before they exercise their right to vote on the proposals.
SUP 18.4.14GRP
The financial information provided under SUP 18.4.13 G would normally contain comparative statements of balance sheets at the same date, and include main investments, reserves and funds or technical provisions, with details of the number of members of each participant as at the balance sheet date and the premium income of the relevant fund of each participant during the financial year to which the balance sheet relates. SUP 18.4.15 G to SUP 18.4.18 G give further guidance on the
LR 8.6.7RRP
A sponsor, or a 8person48applying for approval as a sponsor, will not satisfy LR 8.6.5R (2) unless it has:4888(1) 8submitted a sponsor declaration to the FCA:(a) for a person applying for approval as a sponsor, within three years of the date of its application; and(b) for a sponsor, within the previous three years; and(2) 8a sufficient number of employees with the skills , knowledge and expertise necessary for it to:(a) provide sponsor services in accordance with LR 8.3; (b)
LR 8.6.19RRP
4For each 8sponsor service requiring the submission of a document to the FCA or contact with the FCA, a sponsor must:8(1) at the time of submission or on first making contact with the FCA8notify the FCAof the name and contact details of a key 8contact within8 the sponsor for that matter8; and8888(2) ensure that its key8contact : 88(a) has8 sufficient knowledge about the listed company or applicant and the proposed matter8to be able to answer queries from the FCA about it; 888(b)
SYSC 22.5.9GRP
(1) In general there is a six year limit on what should be disclosed under SYSC 22.2.2R(1) to (3).(2) Where the matter to be disclosed consists of a single course of conduct (such as market manipulation) the six year period does not begin until that course of conduct has come to an end. This means that individual events that occurred more than six years ago may still be within the six year limit.(3) This guidance is also relevant to the six year time limits for updating references
SYSC 22.5.10GRP
(1) SYSC 22.2.2R(1) to (3) normally has a six year time limit. SYSC 22.2.2R(3)(c) removes that time limit for serious matters. This paragraph (SYSC 22.5.10G) and SYSC 22.5.11G have guidance about this. This guidance is also relevant to the time limits for updating references in SYSC 22.2.6R.(2) The removal of the time limit does not mean that the time that has elapsed since the matter occurred is irrelevant. The length of time that has elapsed is relevant to deciding whether the