Related provisions for LR 8.6.7B

REC 6.6.1G01/04/2013

An ROIE1 is required to notify the FCA1 of certain events and give information to it on a regular basis and when certain specified events occur. Section 295 of the Act (Notification: overseas investment exchanges and overseas clearing houses) requires each ROIE1 to provide the FCA1 with a report (at least once a year) which contains:111(1) a statement as to whether any events have occurred which are likely to affect the FCA's assessment of whether it is satisfied that the ROIE

REC 6.6.2G01/04/2013

The following events are examples of events likely to affect an assessment of whether an ROIE1 is continuing to satisfy the recognition requirements11(1) significant changes to any relevant law or regulation in its home territory, including laws or regulations:(a) governing exchanges or, if relevant to an ROIE's satisfaction of the recognition requirements,1clearing houses;(b) designed to prevent insider dealing, market manipulation or other forms of market abuse or misconduct;(c)

REC 6.6.6G01/04/2013

Copies of the report should be sent to the FCA1 within two months after the end of the period to which it relates.1

DTR 5.4.4R01/04/2013

A parent undertaking which wishes to make use of the exemption in relation to issuers subject to this chapter whose shares are admitted to trading on a regulated market must without delay, notify the following to the FCA:1(1) a list of the names of those management companies, investment firms or other entities, indicating the competent authorities that supervise them, but with no reference to the issuers concerned; and(2) a statement that, in the case of each such management company

DTR 5.4.5R01/01/2021

Where the parent undertaking intends to benefit from the exemptions only in relation to the financial instruments4 referred to in DTR 5.3.1R6, it must4 notify to the FCA only the list referred to in paragraph (1) of DTR 5.4.4 R.[Note: article 10(3) of the TD implementing Directiveand article 13 of theTD6]

DTR 5.4.6R01/04/2013

A parent undertaking of a management company or of an investment firm must in relation to issuers subject to this chapter whose shares are admitted to trading on a regulated market be able to demonstrate to the FCA on request that:1(1) the organisational structures of the parent undertaking and the management company or investment firm are such that the voting rights are exercised independently of the parent undertaking;(2) the persons who decide how the voting rights are exercised

DTR 5.4.11R01/01/2021

A parent undertaking of a third country6 undertaking must comply with the notification requirements in DTR 5.4.4 R (1) and DTR 5.4.5 R and in addition: (1) must make a statement that in respect of each management company or investment firm concerned, the parent undertaking complies with the conditions of independence set down in DTR 5.4.10 R; and (2) must1 be able to demonstrate to the FCA on request that the requirements of DTR 5.4.6 R are respected.[Note: article 23 of the TD

SYSC 21.1.2G01/01/2022

(1) A Chief Risk Officer should:(a) be accountable to the firm'sgoverning body for oversight of firm-wide risk management;(b) be fully independent of a firm's individual business units;(c) have sufficient authority, stature and resources for the effective execution of his responsibilities; (d) have unfettered access to any parts of the firm's business capable of having an impact on the firm's risk profile; (e) ensure that the data used by the firm to assess its risks are fit for

SYSC 21.1.3G07/03/2016

(1) The Chief Risk Officer should be accountable to a firm'sgoverning body.(2) The FCA9 recognises that in addition to the Chief Risk Officers primary accountability to the governing body, an executive reporting line will be necessary for operational purposes. Accordingly, to the extent necessary for effective operational management, the Chief Risk Officer should report into a very senior executive level in the firm. In practice, the FCA9 expects this will be to the chief executive,

SYSC 21.1.5G07/03/2016

(1) The FCA9 considers that, while the firm'sgoverning body is ultimately responsible for risk governance throughout the business, firms should consider establishing a governing body risk committee to provide focused support and advice on risk governance.(2) Where a firm has established a governing body risk committee, its responsibilities will typically include:(a) providing advice to the firm'sgoverning body on risk strategy, including the oversight of current risk exposures

EG App 3.1.101/03/2016

3The FCA is the single statutory regulator for all financial business in the UK. Its strategic objective under the Financial Services and Markets Act 2000 (the 2000 Act) is to ensure that the relevant markets function well. The FCA's operational objectives are: securing an appropriate degree of protection for consumers;protecting and enhancing the integrity of the UK financial system; andpromoting effective competition in the interests of consumers in the markets.(Note: The 2000

EG App 3.1.201/03/2016

3The FCA'sregulatory objectives as the competent authority under Part VI of the Act are: the protection of investors;access to capital; andinvestor confidence.

EG App 3.1.301/01/2021

3Under the 2000 Act the FCA has powers to investigate concerns including: • regulatory concerns about authorised firms and individuals employed by them;suspected contraventions of the Market Abuse Regulation or any supplementary market abuse legislation (as defined in Part 8 of the Act)5252• suspected misleading statements and practices under s.397 of the 2000 Act and Part 7 of the Financial Services Act 2012;• suspected insiderdealing under of Part V of the Criminal Justice

EG App 3.1.430/04/2021

3The FCA has the power to take the following enforcement action: • discipline authorised firms under Part XIV of the 2000 Act and approved persons and other individuals1under s.66 of the 2000 Act;• impose penalties on persons that perform controlled functions4without approval under s.63A of the 2000 Act;• impose civil penalties2under s.123 of the 2000 Act;5• 2temporarily prohibit an individual from exercising management functions in MiFID investment firms or from dealing in

BIPRU 8.4.4G01/01/2021

The FCA will not grant an investment firm consolidation waiver unless:(1) the UK consolidation group or non-UK sub-group3 meets the conditions for being a CAD Article 22 group;(2) the FCA is satisfied that each BIPRU firm in the UK consolidation group or non-UK sub-group3 will be able to meet its capital requirements using the calculation of capital resources in GENPRU 2 Annex 6R (Capital resources table for a BIPRU 2firm with a waiver from consolidated supervision); and(3) the

BIPRU 8.4.5G01/04/2013

The standards in BIPRU 8.4.4 G are minimum standards. Satisfaction of these conditions does not automatically mean the FCA will give an investment firm consolidation waiver. The FCA will in addition also apply the tests in Section 138A of the Act (Modification or waiver of rules).

BIPRU 8.4.8G01/01/2021

Compliance with the capital requirements set out in BIPRU 8.4.11 R is a condition under the Capital Adequacy Directive for the exemption from capital requirements as it applies in accordance with article 95(2) of the UK CRR3. Thus if they are breached the FCA is likely to revoke the investment firm consolidation waiver.

BIPRU 8.4.18R01/01/2021

If a firm has an investment firm consolidation waiver, it must:(1) ensure that each CAD investment firm in the UK consolidation group or non-UK sub-group3 which is a firm3has in place systems to monitor and control the sources of capital and funding of all the members in the UK consolidation group or non-UK sub-group3;(2) notify the FCA of any serious risk that could undermine the financial stability of the UK consolidation group or non-UK sub-group3, as soon as the firm becomes

BIPRU 8.4.19G01/01/2021

Although an investment firm consolidation waiver switches off most of this chapter, a firm should still carry out the capital adequacy calculations in BIPRU 8.3 to BIPRU 8.8 as if those parts of this chapter still applied to the UK consolidation group or non-UK sub-group3 and report these to the FCA. It should also still monitor large exposure risk on a consolidated basis.

CASS 11.11.11G01/04/2014

In seeking to comply with its obligation to carry out checks on its internal records and accounts, a CASS small debt management firm may choose to follow the steps specifically required of CASS large debt management firms in undertaking a CASS large debt management firm internal client money reconciliation and CASS large debt management firm external client money reconciliation. A CASS small debt management firm which follows that procedure is likely to be regarded by the FCA

CASS 11.11.27G01/04/2014

The FCA expects a CASS large debt management firm which carries out transactions for its clients on a daily basis to carry out a CASS large debt management firm external client money reconciliation on a daily basis.

CASS 11.11.30R01/04/2014

A CASS debt management firm must inform the FCA in writing without delay if:(1) its internal records and accounts of client money are materially out of date or materially inaccurate so that the firm is no longer able to comply with the requirements in CASS 11.11.1 R to CASS 11.11.4 R; or(2) it becomes aware that, at any time in the preceding 12 months, the amount of client money segregated in its client bank accounts materially differed from the total aggregate amount of client

CASS 11.11.31R01/04/2014

A CASS large debt management firm must inform the FCA in writing without delay if:(1) after having carried out a CASS large debt management firm internal client money reconciliation in accordance with CASS 11.11.13 R it will be unable to, or materially fails to, pay any shortfall into (or withdraw any excess from) a client bank account so that the firm is unable to comply with CASS 11.11.23 R;(2) after having carried out a CASS large debt management firm external client money

EG 5.5.201/03/2017

2Normally, where the outcome is potentially a financial penalty, suspension, restriction, condition or disciplinary prohibition,3 the FCA will send a letter at an early point in the enforcement process to the subject of the investigation. This is what the FCA refers to as a stage 1 letter. The FCA will aim to give 28 days’ notice of the beginning of stage 1 to allow the parties involved to make administrative arrangements, e.g. ensuring that key staff can be available to participate

EG 5.5.401/03/2017

2There is no set form for a stage 1 letter though it will always explain the nature of the misconduct, the FCA's view on the sanction3, and the period within which the FCA expects any settlement discussions to be concluded. In some cases, a draft statutory notice setting out the alleged rule breaches and the proposed sanction3 may form part of the letter, to convey the substance of the case team’s concerns and reasons for arriving at a particular level of sanction3. The FCA will

EG 5.5.501/03/2016

2The timing of the stage 1 letter will vary from case to case. Sufficient investigative work must have taken place for the FCA to be able to satisfy itself that the settlement is the right regulatory outcome. In many cases, the FCA can send out the stage 1 letter substantially before the person concerned is provided with the FCA's preliminary investigation report (see paragraphs 4.13.1 to 4.13.4). The latest point the FCA will send a stage 1 letter is when the person is provided

EG 5.5.601/03/2017

2The FCA considers that 28 days following a stage 1 letter will normally be the ‘reasonable opportunity to reach agreement as to the amount of penalty’ before the expiry of stage 1 contemplated by DEPP 6.7.3G3. Extensions to this period will be granted in exceptional circumstances only, and factors that will be taken into account in considering an application will include the extent to which factors outside the firm’s or individual’s control will have a material impact on their

CREDS 9.2.1R01/04/2014

A credit union must provide the FCA, once a year, with a report in the format set out in CREDS 9 Annex 1 R (Credit Union complaints return) which contains (for the relevant reporting period) information about:(1) the total number of complaints received by the credit union;(2) (for the product/service groupings within section 5)3 the number of complaints closed by the credit union:(a) within eight weeks of receipt; and(b) more than eight weeks after receipt;(2A) (for other lending

CREDS 9.2.7R01/04/2013

For the purposes of CREDS 9.2.1 R:(1) the relevant reporting period is from 1 April to 31 March each year; and(2) reports are to be submitted to the FCA within one month of the end of the relevant reporting period.[Note: a transitional provision applies to this rule: see CREDS TP 1.16.]1

CREDS 9.2.10R01/04/2013

A report under this section must be given or addressed, and delivered, in the way set out in SUP 16.3.6 R to SUP 16.3.16 G (General provisions on reporting), except that, instead of the credit union's usual supervisory contact, the report must be given to or addressed for the attention of the Central Reporting team at the FCA.22

CREDS 9.2.12AR03/01/2017

5SUP 16.10.4R requires credit unions to check the accuracy of standing data and to report changes, including any change to the complaints contact or complaints officer, to the FCA.

SUP 16.7A.2G31/12/2014

The purpose of this section is to require firms to submit their annual report and accounts, and the annual report and accounts of their mixed activity holding companies, to the FCA online through the appropriate systems accessible from the FCA's website. This information is used in the monitoring of firms both individually and collectively.

SUP 16.7A.3R01/01/2022

A firm in the RAG in column (1) and which is a type of firm in column (2) must submit its annual report and accounts to the FCA annually on a single entity basis.

(1)	(2)
RAG	Firm type
1	UK bank
	Dormant account fund operator
	A non-UK bank 5.
2.2	The Society
3	MIFIDPRU investment firms 6
	6
	6
	All other firms subject to the following chapters in IPRU(INV):
	(1)	Chapter 3
	(2)	Chapter 5
	(3)	[deleted]7
4	MIFIDPRU investment firms 6
	6
	6
	Collective portfolio management firm
	All other firms subject to the following chapters in IPRU(INV):
	(1)	Chapter 3
	(2)	Chapter 5
	(3)	[deleted]7
	(4)6	Chapter 12
5	All firms
6	All firms other than firms subject to IPRU (INV) Chapter 13 6 3
7	MIFIDPRU investment firms 6
	6
	6
8	All firms other than firms subject to IPRU (INV) Chapter 13 6 3

SUP 16.7A.5R01/01/2022

A firm in the RAG group in column (1), which is a type of firm in column (2) and whose ultimate parent is a mixed activity holding company must:

(1)
submit the annual report and accounts of the mixed activity holding company to the FCA annually; and

(2)

notify the FCA that it is covered by this reporting requirement by email using the email address specified in SUP 16.3.10 G (3), by its accounting reference date.

(1)	(2)
RAG	Firm type
1	UK bank
3	MIFIDPRU investment firm 6
3	6
4	MIFIDPRU investment firm 6
4	6
7	MIFIDPRU investment firm 6
7	6

SUP 16.7A.7R31/12/2014

Firms must submit the annual report and accounts to the FCA online through the appropriate systems accessible from the FCA's website, using the form specified in SUP 16 Annex 1A.

CASS 11.2.4R01/04/2014

Once every calendar year, a CASS debt management firm must notify the FCA, in writing, of the information in (1), (2) or (3), as applicable, and the information in (4), in each case no later than the day specified in (1) to (4):(1) if it held client money in the previous calendar year, the highest total amount of client money held during the previous calendar year, notification of which must be made no later than the fifteenth business day of January; or (2) if it did not hold

CASS 11.2.7R01/04/2014

(1) Notwithstanding CASS 11.2.3 R, provided that the conditions in (2) are satisfied, a CASS debt management firm that would otherwise be classified as a CASS small debt management firm under the limits provided for in CASS 11.2.3 R may elect to be treated as a CASS large debt management firm.(2) The conditions to which (1) refers are that in either case: (a) the election is notified to the FCA in writing;(b) the notification in accordance with (a) is made at least one week before

CASS 11.2.8R01/04/2014

A firm's 'CASS debt management firm type' and any change to it takes effect:(1) if the firm notifies the FCA in accordance with CASS 11.2.4 R (1) or CASS 11.2.4 R (2), on 1 February following the notification; or(2) if the firm notifies the FCA in accordance with CASS 11.2.4 R (3), on the day it begins to hold client money; or(3) if the firm makes an election under CASS 11.2.7 R and provided the conditions in CASS 11.2.7 R (2) are satisfied, on the day the notification made under

CASS 11.2.9G01/04/2014

Any written notification made to the FCA under this chapter should be marked for the attention of: "Debt Management Client Assets Firm Classification".

FEES 13.1.4G24/02/2017

Section 333T of the Act (Funding of action against illegal money lending) requires the Treasury to notify the FCA of the amount of the Treasury’s illegal money lending costs. The FCA must make rules requiring authorised persons, or any specified class of authorised person, to pay to the FCA the specified amounts or amounts calculated in a specified way, with a view to recovering the amounts notified to it by the Treasury.

FEES 13.1.6G24/02/2017

The amounts to be paid under the rules may include a component to recover the expenses of the FCA in collecting the payments.

FEES 13.1.7G24/02/2017

The FCA must pay to the Treasury the amounts that it receives under the IML levy apart from amounts in respect of its collection costs (which it may keep).

SUP 16.1.3R01/01/2022

Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, 60SUP 16.22 and56 SUP 16.2656)50 53 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)	[deleted]51
		51	51 20
		51	51 49
		51 3	51 14 14 39
		51 39	51
	(c)	[deleted]51
SUP 16.4 and SUP 16.52	All categories of firm except:				Entire sections
	(-a)	a credit union;2
	(a)	an ICVC;
	(b)	[deleted]51
	(c)	[deleted]51
	(d)	a non-directive friendly society;
	(e)4	[deleted]4
	(f)	a sole trader;
	(g)	a service company;
	(h)	[deleted]51 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;9and51
	(b)9	[deleted]51 21 42
	(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
[deleted]60 34	59 43
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.1R51				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
53SUP 16.27	A firm which, in respect of general insurance contracts, is:				Entire section
	(a)	an insurer;
	(b)	55a 55(i) TP firm which has temporary permission; or 55 (ii) a Gibraltar-based firm, treated as having permission, to effect contract of insurance 55 including those providing services from an establishment outside the UK with a customer in the UK 55;
	(c)	a managing agent; or
	(d)	an insurance intermediary,
	to the extent that the firm and its business falls within the scope of SUP 16.27.7R.
57SUP 16.28	A firm which, in respect of general insurance contracts, is:				Entire section
	(1)			an insurer;
	(2)			a managing agent;
	(3)			an insurance intermediary;
	(4)			a TP firm; or
	(5)			a Gibraltar-based firm that is not a TP firm.
	to the extent that the firm and its business falls within the scope of SUP 16.28.8R.
Note 127[deleted]26 26
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

SUP 16.1.4G01/01/2021

(1) This chapter contains requirements to report to the FCA37 on a regular basis. These requirements include reports relating to a firm's financial condition, and to its compliance with other rules and requirements which apply to the firm. Where the relevant requirements are set out in another section of the Handbook, this chapter contains cross references. An example of this is financial reporting for insurers and friendly societies.6666(2) Where such requirements already apply

SUP 16.1.7G07/03/2016

66Where a PRA-authorised person is required to notify or provide any information to (a) the FCA37 by a PRA Handbook provision and (b) the FCA by the equivalent provision in the FCA Handbook, the PRA-authorised person is expected to comply with both provisions.

FEES 5.3.1G01/04/2013

Each financial year, the FCA and FOS Ltd will consult on the amount of the annual budget19of the Financial Ombudsman Service which is to be raised by the general levy. 19

FEES 5.3.3G01/04/2013

The FCA will determine, following consultation, the amount to be raised from each industry block. This will be based on the budgeted costs and numbers of Financial Ombudsman Service staff required to deal with the volume of complaints which the Financial Ombudsman Service expects to receive about the firms in each industry block. Modified arrangements have been made for certain types of small firms (see FEES 5.5.3 R to FEES 5.5.5 G).

FEES 5.3.5G01/04/2013

The FCA will specify a minimum levy for firms in each industry block.

FEES 5.3.6R01/04/2013

A firm must pay to the FCA a general levy towards the costs of operating the Compulsory Jurisdiction of the Financial Ombudsman Service.

LR 14.3.2R01/04/2013

(1) A company2 must comply with LR 14.2.2 R at all times.2(2) A company2 that no longer complies with LR 14.2.2 R must notify the FCA as soon as possible of its non-compliance.2

LR 14.3.2AG03/12/2021

[deleted]12

LR 14.3.6R10/01/2022

A company2 must forward to the FCA, for publication, by uploading to the national storage mechanism, a copy13 of:2(1) all circulars, notices, reports or other documents to which the listingrules apply, at the same time as any such documents are issued; and(2) all resolutions passed by the company other than resolutions concerning ordinary business at an annual general meeting, as soon as possible after the relevant general meeting.

LR 14.3.7R01/04/2013

(1) A company2 must notify a RIS as soon as possible when a document has been forwarded to the FCA under LR 14.3.6 R unless the full text of the document is provided to the RIS.2(2) A notification made under (1) must set out where copies of the relevant document can be obtained.2

LR 14.3.8R03/07/2016

A company2 must ensure that the FCA is provided with up to date contact details of appropriate persons nominated by it to act as the first point of contact with the FCA in relation to the company's compliance with the listing rules and the disclosure requirements6 and transparency rules, as applicable.22

DEPP 6.5B.1G01/04/2013

2The FCA3 will seek to deprive an individual of the financial benefit derived directly from the breach (which may include the profit made or loss avoided) where it is practicable to quantify this. The FCA3 will ordinarily also charge interest on the benefit. Where the success of a firm’s entire business model is dependent on breaching FCA3rules or other requirements of the regulatory system and the individual’s breach is at the core of the firm’s regulated activities, the FCA3

DEPP 6.5B.2G10/12/2018

(1) The FCA3 will determine a figure which will be based on a percentage of an individual’s “relevant income”. “Relevant income” will be the gross amount of all benefits received by the individual from the employment in connection with which the breach occurred (the “relevant employment”), and for the period of the breach. In determining an individual’s relevant income, “benefits” includes, but is not limited to, salary, bonus, pension contributions, share options and share schemes;

DEPP 6.5B.3G01/04/2013

(1) The FCA3 may increase or decrease the amount of the financial penalty arrived at after Step 2, but not including any amount to be disgorged as set out in Step 1, to take into account factors which aggravate or mitigate the breach. Any such adjustments will be made by way of a percentage adjustment to the figure determined at Step 2.3(2) The following list of factors may have the effect of aggravating or mitigating the breach:(a) the conduct of the individual in bringing (or

DEPP 6.5B.4G01/04/2013

(1) If the FCA3 considers the figure arrived at after Step 3 is insufficient to deter the individual who committed the breach, or others, from committing further or similar breaches then the FCA3 may increase the penalty. Circumstances where the FCA3 may do this include:333(a) where the FCA3 considers the absolute value of the penalty too small in relation to the breach to meet its objective of credible deterrence;3(b) where previous FCA3 action in respect of similar breaches

DEPP 6.5B.5G01/04/2013

The FCA3 and the individual on whom a penalty is to be imposed may seek to agree the amount of any financial penalty and other terms. In recognition of the benefits of such agreements, DEPP 6.7 provides that the amount of the financial penalty which might otherwise have been payable will be reduced to reflect the stage at which the FCA3 and the individual concerned reached an agreement. The settlement discount does not apply to the disgorgement of any benefit calculated at Step

FEES 12.2.2R25/09/2015

(1) The FCA will raise the FOS ADR levy annually in arrears. (2) The FCA will invoice FOS Ltd in April for the FOS ADR levy relating to the previous fee year.(3) FOS Ltd must pay the FOS ADR levy within 30 days of the date of the invoice.

FEES 12.2.3R25/09/2015

The FOS ADR levy is calculated as follows:(1) Determine the number of hours, or part of an hour, taken by the FCA, in performing functions under the ADR Regulations.(2) Using the table at FEES 3 Annex 9R(11), determine the relevant pay grades of those employed by the FCA to perform the functions under the ADR Regulations.(3) Next, multiply the applicable rate in the table at FEES 3 Annex 9R(11) by the number of hours or part hours obtained under (1).(4) Then add any fees and disbursements

FEES 12.2.4G25/09/2015

(1) The hourly rates chargeable for FCA employees are set out in the table at FEES 3 Annex 9R(11) for Special Project Fee for Restructuring.(2) FCA board members are treated as “Any other person employed by the FCA” for this purpose.

PERG 4.10A.9G21/03/2016

Article 4(4B) of the Regulated Activities Order (see PERG 4.10A.2 G) does not affect the regulated activity of making arrangements with a view to regulated mortgage contracts. This is because, in the FCA's view, the activities covered by this regulated activity are not covered by the MCD.

PERG 4.10A.15G21/03/2016

In the FCA's view, credit intermediation under the MCD covers the same activities as the regulated activity of arranging (bringing about) regulated mortgage contracts, except that: (1) credit intermediation only applies if the intermediary acts for remuneration; and(2) the MCD does not cover the regulated mortgage contracts listed in PERG 4.10A.5 G; and(3) the MCD only applies to services provided to consumers;(4) if the intermediary only acts for the creditor, the MCD intermediation

PERG 4.10A.18G21/03/2016

Article 4(4B) is not relevant to an intermediary that carries on its activities by way of business (see PERG 4.3.3 G to PERG 4.3.9 G) but does not act for remuneration. The FCA does not expect this distinction to apply in practice.

PERG 4.10A.19G21/03/2016

(1) The MCD applies to credit intermediation activities performed for the creditor, as well as for the borrower. (2) However, the activities carried out for the creditor are defined differently from the ones carried out for the borrower. They seem to be narrower. The activities are limited to concluding regulated mortgage contracts with consumers on behalf of the creditor.(3) Just assisting the creditor by undertaking preparatory work or other pre-contractual administration is

CASS 12.2.2G03/01/2018

The FCA understands that in complying with condition 2(g) of the Part 30 exemption order, a firm is representing that it will not:(1) make use of the opt-out arrangements in CASS 7.10.9G2 to CASS 7.10.13G2; or(2) conduct business to which the client money rules do not apply because of the exemption for CRD credit institutions and approved banks in CASS 7.10.16R2 to CASS 7.10.24R2; or(3) enter into any TTCA under CASS 7.113;2in relation to business conducted pursuant to the Part

CASS 12.2.3G01/07/2014

For firms with exemptive relief under the Part 30 exemption order, the CFTC has issued certain no-action letters which, on the FCA's understanding, would allow such firms to use an LME bond arrangement as an alternative to complying with condition 2(g) of the Part 30 exemption order. Under an LME bond arrangement, a firm may arrange for a binding letter of credit to be issued to cover the 'secured amount' (as defined by section 30.7 of the General Regulations under the US Commodity

CASS 12.2.5R01/07/2014

A firm must notify the FCA immediately if it arranges the issue of a letter of credit for a specified client who is the named beneficiary under an LME bond arrangement.

SYSC 8.1.1R03/01/2018

1A common platform firm must:(1) when relying on a third party for the performance of operational functions which are critical for the performance of regulated activities, listed activities or ancillary services (in this chapter "relevant services and activities") on a continuous and satisfactory basis, ensure that it takes reasonable steps to avoid undue additional operational risk; and7(2) not undertake the outsourcing of important operational functions in such a way as to impair

SYSC 8.1.8R03/01/2018

A UCITS investment firm7 must in particular take the necessary steps to ensure that the following conditions are satisfied:(1) the service provider must have the ability, capacity, and any authorisation required by law to perform the outsourced functions, services or activities reliably and professionally;(2) the service provider must carry out the outsourced services effectively, and to this end the firm must establish methods for assessing the standard of performance of the

SYSC 8.1.11R01/01/2021

A firm (other than a common platform firm)7 must make available on request to the FCA78all information necessary to enable the FCA78to supervise the compliance of the performance of the outsourced activities with the requirements of the regulatory system.7

SYSC 8.1.12G03/01/2018

As SUP 15.3.8 G explains, a firm should notify the FCA7 when it intends to rely on a third party for the performance of operational functions which are critical or important for the performance of relevant services and activities on a continuous and satisfactory basis.[Note: recital 44 to7 the MiFID Org Regulation7]2

EG 8.3.101/03/2016

1The FCA may impose a variation of permission or a requirement so that it takes effect immediately or on a specified date if it reasonably considers it necessary for the variation or requirement to take effect immediately (or on the date specified), having regard to the ground on which it is exercising its own-initiative powers.

EG 8.3.226/11/2021

1The FCA will consider exercising its own-initiative power2where: (1) the information available to it indicates serious concerns about the firm or its business that need to be addressed immediately; and (2) circumstances indicate that it is appropriate to use statutory powers immediately to require and/or prohibit certain actions by the firm in order to ensure the firm addresses these concerns.

EG 8.3.301/03/2016

1It is not possible to provide an exhaustive list of the situations that will give rise to such serious concerns, but they are likely to include one or more of the following characteristics: (1) information indicating significant loss, risk of loss or other adverse effects for consumers, where action is necessary to protect their interests; (2) information indicating that a firm's conduct has put it at risk of being used for the purposes of financial crime, or of being otherwise

EG 8.3.426/11/2021

1The FCA will consider the full circumstances of each case when it decides whether a2 variation of Part 4A permission or an imposition of a requirement is appropriate. The following is a non-exhaustive list of factors the FCA may consider. (1) The extent of any loss, or risk of loss, or other adverse effect on consumers. The more serious the loss or potential loss or other adverse effect, the more likely it is that the FCA’s2exercise of own-initiative powers will be appropriate,

Related provisions for LR 8.6.7B

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Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, 60SUP 16.22 and56 SUP 16.2656)50 53 42 66 39 3927