Related provisions for CASS 5.5.76

SUP 11.2.5G01/04/2013

Similarly, the appropriate regulator6 needs to monitor a firm's continuing satisfaction of the6threshold conditions6 set out in paragraphs 3B, 4F and 5F of Schedule 6 to the Act (as applicable) (in relation to threshold conditions for which the FCA is responsible,6 see COND 2.32), which requires that a firm's close links are not likely to prevent the appropriate regulator's6 effective supervision of that firm. Accordingly the appropriate regulator6 needs to be notified of any

FEES 4.2.11R30/04/2021

Table of periodic fees payable to the FCA 65

65

1 Fee payer	2 Fee payable	3 Due date	4 Events occurring during the period leading to modified periodic fee
Any firm (except an ICVC 49) 25	As54 specified in FEES 4.3.1 R in relation to FEES 4 Annex 2AR and FEES 4 Annex 11 R65 54 37 37 37	(1) Unless (2) applies54, on or before the relevant dates specified in FEES 4.3.6 R.12 (2) If54 an event specified in column 4 occurs during the course of a fee year, 30 days after the occurrence of that event, or if later the dates specified in FEES 4.3.6 R.7 54 7 7 7 7 64 64 41 41 41	Firm receives permission, or becomes authorised or registered under the Payment Services Regulations, article 8 of the MCD Order 32, the DRS Regulations 41 or the Electronic Money Regulations 12;9 or firm 9extends permission or its payment service activities9 16 67 9
Persons who hold a certificate issued by the FCA 64 under article 54 of the Regulated Activities Order (Advice given in newspapers etc.) 64	£1,15151 46 31 40 31	(1) Unless (2) applies, on or before 1 August or, if later, within 30 days of the date of the invoice23 (2) If an event in column 4 occurs,52 during the course of a fee year,64 30 days after the occurrence of that event.51 23 64	Certificate issued to person by the51 FCA 64 under article 4054 of the Regulated Activities Order 46 64
Any manager of an AUT 23; 23	In relation to each unit trust the amount specified in part 1 of 25FEES 4 Annex 4		Authorisation order is made in relation to the relevant scheme 24
24Any authorised fund manager of an authorised contractual scheme;	In relation to each authorised contractual scheme the amount specified in part 1 of25FEES 4 Annex 4
Any ACD of an ICVC; and	In relation to each ICVC,25 the amount specified in part 1 of25FEES 4 Annex 4
Persons who, under the constitution or founding arrangements of a recognised scheme, are 33responsible for the management of the property held for or within the scheme;	In relation to each recognised scheme the amount specified in part 1 of25FEES 4 Annex 4	The relevant scheme becomes a recognised scheme 25
		The relevant scheme becomes a recognised scheme 25	Not applicable
UK AIFM 49 of an LTIF 49 33	In relation to each LTIF 49 the amount specified in part 1 of FEES 4 Annex 433	(1) Unless (2) applies, on or before 1 August or, if later, within 30 days of the date of the invoice.33 (2) If an event in column 4 occurs during the course of a fee year, 30 days after the occurrence of that event.33	The LTIF 49 is authorised by the FCA under the LTIF Regulation 49 33
Designated professional body	FEES 4 Annex 5	On or before the relevant dates specified in FEES 4.3.6 R23 23	Not applicable
UK recognised body	FEES 4 Annex 6, part 1for a UK RIE; and55 FEES 4 Annex 6R, part 1A for a UK RIE that is also a RAP 55 65 13 49	(1) On or before the relevant dates specified in FEES 4.3.6 R23 (2) If the event in column 4 occurs during the course of a fee year 64, 30 days after the occurrence of that event 23 64	Recognition order is made. The modified11 66 periodic fee is specified in FEES 4 Annex 6 R, Part 1.49 11 66 11 66 11 66 13 11 66 11 66
ROIE 65 65	FEES 4 Annex 6, part 2	(1) On or before the relevant dates specified in FEES 4.3.6 R23 (2) If the event in column 4 occurs during the course of a fee year 64, 30 days after the occurrence of that event. 23 64	Recognition order is made. The modified11 66 periodic fee is specified in FEES 4 Annex 6, Part 2.11 66 11 66 11 66 11 66 11 66
A listed issuer 35 (in LR) of shares and certificates representing certain securities 35. 3 3	FEES 4 Annex 14R35	Within 30 days of the date of the invoice	Listed issuer 3 (in LR) becomes subject to listing rules 3
A sponsor 35	FEES 4 Annex 14R35 31 10 12 23 23 31 12 10 2 31	Within 30 days of the date of the invoice	35Approval of a35 sponsor 35 14 14 14
All non-listed issuers (in DTR) of shares and certificates representing certain securities 35. 6 6	FEES 4 Annex 14R35 29	Within 30 days of the date of the invoice	Non-listed issuer (in DTR) becomes subject to disclosure requirements 36 and transparency rules 6 29
29Any primary information provider	FEES 4 Annex 14R35	Within 30 days of the date of the invoice	A person is approved as a primary information provider
6All firms reporting transactions in securities derivatives 10to the FCA 64 in accordance with SUP 17, and market operators who provide facilities for trading in securities derivatives.10 64 10	FEES 4 Annex 9 R	Within 30 days of the date of the invoice	Not applicable
15Any issuer of a regulated covered bond.	FEES 4 Annex 11R	(1) Unless (2) applies, on or before the relevant dates specified in FEES 4.3.6 R (2) If an event specified in column 4 occurs during the course of a fee year 64, 30 days after the occurrence of that event or, if later, the dates specified in FEES 4.3.6 R 64	A person becomes registered as an issuer of a regulated covered bond
26(i) A non-UK AIFM 49 which has notified the FCA of its intention to market an AIF in the UK under regulation 5949 of the AIFMD UK regulation and which has not ceased to market that AIF in the UK as at 1 April of the current fee year. (ii) non-UK AIFM 49 which has notified the FCA of its intention to market an AIF in the UK under regulation 58 or 59 of the AIFMD UK regulation and which has not ceased to market that AIF in the UK as at 1 April of the current fee year.	For each notification made by the AIFM of the kind specified in part 2 of FEES 4 Annex 4, the amount specified in part 2 of FEES 4 Annex 4	(1) Unless (2) applies, on or before 1 August, or, if later, within 30 days of the date of the invoice (2) If an event in column 4 occurs during the course of a financial year, 30 days after the occurrence of that event	The FCA receives a notification to market in the UK
26A small registered UK AIFM	The basic fee contained in part 3 of FEES 4 Annex 4		The AIFM is registered by the FCA under regulation 10 of the AIFMD UK regulation.
30			[deleted]41
45A third country legal representative	The tariff specified in FEES 4 Annex 15R	Payable in accordance with FEES 4.3.6R	Not applicable
45A benchmark endorser	The tariff specified in FEES 4 Annex 15R	Payable in accordance with FEES 4.3.6R	Not applicable
50Any UK-based firm registered as a credit rating agency; a trade repository; a securitisation repository or any third country firm certified as a credit rating agency or recognised as a trade repository.	The tariff specified in FEES 4 Annex 16R	Within 30 days of the date of the invoice	Not applicable
53 Proxy advisor	(1) £5,000 (2) For a proxy advisor which is already trading on 1 April 2020, the amount specified in (1) upon notifying the FCA. (3) For a proxy advisor which starting trading after 1 April 2020, the fee payable is pro-rated in proportion to the months remaining in the financial year 1 April – 31 March, including the month of notification.	(1) At the time of notification (2) For a proxy advisor which has already notified the FCA, within 30 days of the date of the invoice	Not applicable

Note:Sponsors on the list of approved sponsors as at 1 April each year will be liable for the full year's annual fee unless FEES 4.3.13 R applies.2

IPRU-INV 14.2.5R01/01/2022

A firm may, having first notified the FCA in writing, exclude from its group the following: (1) any entity the total assets of which are less than the smaller of the following two amounts: (a) 10 million euros; or (b) 1% of the total assets of the group's parent or the undertaking that holds the participation; provided that the total assets of such entities do not collectively breach these limits. (2) any entity the inclusion of which within the group

SYSC 19A.1.7G03/05/2017

(1) 7In addition to the notification requirements in the Remuneration Code7 general circumstances in which the FCA7 expects to be notified by firms of matters relating to their compliance with requirements under the regulatory system are set out in SUP 15.3 (General notification requirements). (2) In particular, in relation to remuneration matters such circumstances should take into account unregulated activities as well as regulated activities and the activities of other members

LR 15.4.28R16/05/2014

(1) 5A closed-ended investment fund is not required to comply with LR 9.2.23 R in so far as it relates to LR 9.2.2A R, LR 9.2.2E R and LR 9.2.2F R.(2) A closed-ended investment fund is not required to comply with LR 9.2.24 R to LR 9.2.25 R.

SYSC 13.9.2G07/03/2016

Firms should take particular care to manage material outsourcing arrangements and, as SUP 15.3.8 G (1)(e) explains, a firm should notify the FCA2 when it intends to enter into a material outsourcing arrangement.

FEES 13.2.5R24/02/2017

For the purposes of FEES 13.2.4R:(1) a firm in activity group CC2 may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:(a) it has reasonable grounds for believing that the costs of identifying the firm’sUK business separately from its non-UK business in the way described in FEES 4 Annex 11BR are disproportionate to the difference in fees payable; and (b) it notifies the FCA in writing at the same time as it provides the information

REC 3.18.1G30/04/2021

(1) The purpose of REC 3.18 is to enable the FCA4 to monitor changes in the types of member admitted by UK recognised bodies and to ensure that the FCA4has notice of foreign jurisdictions in which the members of UK recognised bodies are based. UK recognised bodies may admit persons who are not authorised persons or persons who are not located in the United Kingdom, provided that the recognition requirements or (for RAPs) RAP recognition requirements87continue to be met.442(2)

MAR 5.3A.8R01/01/2021

A firm must have systems and procedures to notify the FCA if:(1) an MTF operated by the firm is material in terms of the liquidity of trading of a financial instrument3; and(2) trading is halted in that instrument.[Note: article 48(5) of MiFID]

LR 1.4.6R01/04/2013

A document that is required under a listing rule to be filed, notified to a RIS, provided to the FCA or sent to security holders must be in English.

MAR 5A.5.8R01/01/2021

A firm must have systems and procedures to notify the FCA if:(1) an OTF operated by it is material in terms of the liquidity of the trading of a financial instrument3; and(2) trading is halted in that instrument.[Note: article 48(5) of MiFID]

REC 2.4A.1UK03/01/2018

1Schedule to the Recognition Requirements Regulations, paragraph 2A

(1)	The composition of the management body of a [UK RIE] must reflect an adequately broad range of experience.
(2)	The management body must possess adequate collective knowledge, skills and experience in order to understand the [UK RIE’s] activities and main risks.
(3)	Members of the management body must -
	(a)	commit sufficient time to perform their functions on the management body;
	(b)	act with honesty, integrity and independence of mind; and
	(c)	effectively -
		(i)	assess and challenge, where necessary, the decisions of the senior management; and
		(ii)	oversee and monitor decision making.
(4)	The management body must -
	(a)	define and oversee the implementation of governance arrangements that ensure the effective and prudent management of the [UK RIE] in a manner which promotes the integrity of the market, which at least must include the -
		(i)	the segregation of duties in the organisation; and
		(ii)	the prevention of conflicts of interest;
	(b)	monitor and periodically assess the effectiveness of the [UK RIE’s] governance arrangements; and
	(c)	take appropriate steps to address any deficiencies found as a result of the monitoring under paragraph (b).
(5)	A [UK RIE] must -
	(a)	devote adequate human and financial resources to the induction and training of members of the management body;
	(b)	ensure that the management body has access to the information and documents it requires to oversee and monitor management decision-making; and
	(c)	notify the FCA of the identity of all the members of its management body.
(6)	A [UK RIE] and, if it has a nomination committee, its nomination committee must engage a broad set of qualities and competences when recruiting persons to the management body, and for that purpose have a policy promoting diversity on the management body.
(7)	The number of directorships a member of the management body can hold at the same time must take into account individual circumstances and the nature, scale and complexity of the [UK RIE’s] activities.

CASS 10.1.16R01/04/2013

A firm must notify the FCA in writing immediately if it has not complied with, or is unable to comply with, CASS 10.1.3 R.

SYSC 19D.1.7G03/05/2017

(1) In addition to the notification requirements in the dual-regulated firms Remuneration Code2, general circumstances in which the FCA expects to be notified by firms of matters relating to their compliance with requirements under the regulatory system are set out in SUP 15.3 (General notification requirements).(2) For remuneration matters in particular, those circumstances should take into account unregulated activities, as well as regulated activities and the activities of

CASS 6.6.57R01/01/2021

A firm must inform the FCA in writing without delay if:(1) its internal records and accounts of the safe custody assets held by the firm for clients are materially out of date, or materially inaccurate or invalid, so that the firm is no longer able to comply with the requirements in CASS 6.6.2 R to CASS 6.6.4 R; or(2) 5it is a firmacting as trustee or depositary of an AIF and has not complied with, or is materially unable to comply with, the requirements in CASS 6.6.2 R or in

CASS 6.6.58G01/06/2015

Firms are reminded that the auditor of the firm has to confirm in the report submitted to the FCA under SUP 3.10 (Duties of auditors: notification and report on client assets) that the firm has maintained systems adequate to enable it to comply with the custody rules.

REC 3.25.1R30/04/2021

1A UK RIE5 and a RAP6 must immediately notify the FCA3of:23(1) significant breaches of its rules; or(2) disorderly trading conditions on any of its marketsor auctions; or42(3) 4conduct that may indicate behaviour prohibited under the Market Abuse Regulation; or(4) 4system disruptions in relation to a financial instrument.[Note:article 31(2)4, first sentence (part) andarticle 54(2)4, first sentence (part) of MiFID. The rest of article 31(2)4, first sentence (in so far as it relates

PRIN 2.1.1R03/01/2018

The Principles

1 Integrity	A firm must conduct its business with integrity.
2 Skill, care and diligence	A firm must conduct its business with due skill, care and diligence.
3 Management and control	A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
4 Financial prudence	A firm must maintain adequate financial resources.
5 Market conduct	A firm must observe proper standards of market conduct.
6 Customers' interests	A firm must pay due regard to the interests of its customers and treat them fairly.
7 Communications with clients	A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.
8 Conflicts of interest	A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
9 Customers: relationships of trust	A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.
10 Clients' assets	A firm must arrange adequate protection for clients' assets when it is responsible for them.
11 Relations with regulators	A firm must deal with its regulators in an open and cooperative way, and must disclose to the FCA 1 appropriately anything relating to the firm of which that regulator would reasonably expect notice.

SUP App 2.7.1G01/08/2022

For a dormant asset fund operator3, unless2 any of SUP App 2.4.1 R, SUP App 2.5.1 R, SUP App 2.5.3 R or SUP App 2.6.1 R applies, if a firm's circumstances change, such that its capital resources have fallen, or are expected to fall, below the level advised in individual capital guidance1 given to the firm by the FCA2 , then, consistent with PRIN 2.1.1 RPrinciple 11 (Relations with regulators), a firm should inform the appropriate regulator of this fact as soon as practicable,

MAR 5A.9.1R03/01/2018

1A firm must: (1) not exercise any power under its rules to suspend or remove from trading any financial instrument which no longer complies with its rules, where such a step would be likely to cause significant damage to the interest of investors or the orderly functioning of the trading venue; (2) where it does suspend or remove from trading a financial instrument, also suspend or remove derivatives that relate or are referenced to that financial instrument, where necessary

Related provisions for CASS 5.5.76

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