Related provisions for PERG 7.4.13

DEPP 2.5.15G26/11/2021

A decision to give a warning notice or decision notice refusing an application for an authorisation order declaring a scheme7 to be an AUT, ACS7 or ICVC2 or an AUT, ACS or ICVC to be a money market fund12 will be taken by FCA staff under executive procedures, including if the application is by an authorised fund manager who is not the operator of an existing AUT, ACS or ICVC.776622

DEPP 2.5.18G26/11/2021

Some of the distinguishing features of notices given under enactments other than the Act are as follows: (1) [deleted]66(2) [deleted]66(3) Friendly Societies Act 1992, section 58A1: The warning notice and decision notice must set out the terms of the direction which the FCA6 proposes or has decided to give and any specification of when the friendly society is to comply with it. A decision notice given under section 58A(3) must give an indication of the society's right, given by

FEES 4.2.7ER01/01/2021

(1) (a) 42A firm (other than an ICVC, a49,or an issuer of regulated covered bonds) which becomes authorised or registered, or whose permission and/or activities is extended, during the course of the fee year must pay a fee based on its projected valuation for the first twelve months of its new business.(b) This is the valuation provided by the firm in the course of its application or if not provided at that time, the valuation provided subsequently48.(2) The calculation for the

FEES 4.2.7KR01/09/2021

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.
56A.23	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. Market operators,41 MTF operators and OTF operators41	Annual income for the financial year ended in the calendar year ending 31 December54	Apply the formula (A÷B) x 12 to arrive at the annualised figure.54
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 platforms55 49	Flat fee55 49	Not applicable55 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.

FEES 4.2.11R04/07/2023

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	58FEES 4 Annex 11R	Within 30 days of the date of the invoice58	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

PERG 2.9.2G01/07/2005

The exclusions grouped together in the Regulated Activities Order are described below in this chapter in general terms. The exact terms of each exclusion will need to be considered by any person who is considering whether they need authorisation. Each description is accompanied by an indication of which regulated activities are affected.

PERG 2.9.4G30/06/2010

A person carrying on certain regulated activities does not require authorisation in specified circumstances if he is acting in a representative capacity. The representative capacities covered by the exclusions depend on the regulated activity concerned but, in most cases, the focus is on persons who are acting as trustee or personal representative. In broad terms, the exclusions apply to specified transactions, or activities, that are part of the discharge of his general obligations

PERG 2.9.17BG01/01/2021

(1) 18The exclusion for overseas persons described in PERG 2.9.17G does not apply to an investment firm or credit institution set up in a third country that has been found equivalent under article 46 or 47 of MiFIR, as described in more detail in the rest of this paragraph.(2) Article 46 of MiFIR has a mechanism under which the FCA20 may register a third country investment firm or a third country credit institution without a branch in the United Kingdom20. Registration allows

EG 3.2B.203/07/2016

An officer with authorisation from the FCA may exercise the section 122B power to require information and documents. This includes an FCA employee or an agent of the FCA.

EG 3.2.201/03/2016

1An officer with authorisation from the FCA may exercise the section 165 power to require information and documents from firms. This includes an FCA employee or an agent of the FCA.

EG 2.4.201/03/2016

1The FCA's primary aim in using its investigation and enforcement powers in the context of suspected unauthorised activities is to protect the interests of consumers. The FCA's priority will be to confirm whether or not a regulated activity has been carried on in the United Kingdom by someone without authorisation or exemption, and, if so, the extent of that activity and whether other related contraventions have occurred. It will seek to assess the risk to consumers' assets and

EG 3.8.201/03/2016

1An officer with authorisation from the FCA may exercise the section 131E power to require information and documents from natural or legal persons. This includes an FCA employee or an agent of the FCA.

PERG 8.35.1G06/10/2007

Any person who is contemplating carrying on the regulated activities of advising on investments or making arrangements with a view to transactions in investments by way of business will need authorisation or exemption. Exemption would usually be obtained by a person entering into an agreement with an authorised person under section 39 of the Act and the Financial Services and Markets Act 2000 (Appointed Representative) Regulations 2001.1

SUP App 2.10.1G01/01/2021

The PRA6 will ask Solvency II firms3 seeking a grant or variation of permission to provide a scheme of operations as part of the application process (see the UK provisions which implemented5 article 18 of the Solvency II Directive). It may make a similar request to other firms3 (see SUP 6.3.25 G). Firms which have submitted such a scheme of operations are3 not required to submit to the PRA6 a further scheme of operations under this appendix unless SUP App 2.8 or the relevant parts

PERG 4.7.3G01/07/2005

A person who provides credit to a borrower under a regulated mortgage contract will enter into a regulated mortgage contract, even if the lending obligations under that contract are subsequently transferred to a third party. Consequently, a person who acts as a so-called 'correspondent lender' in the mortgage market will need to seek authorisation.

CONC 14.1.3G26/09/2014

(1) A firm in CONC 14.1.2 R would need to have a Part 4A permission for every activity the individual carries on as its agent for which the firm would need permission if it were carrying on the activity itself.1(2) CONC 14 uses the expression "individual" in its natural meaning as referring to a single human being.1

MAR 6.1.2R03/01/2018

The systematic internaliser reporting requirement in MAR 6.4.1 R applies to an investment firm which is authorised by the FCA .[Note: articles 15(1) and 18(4) of MiFIR]2

PERG 2.1.2G01/07/2005

The purpose of this chapter is to provide guidance:(1) to unauthorised persons who wish to find out whether they need to be authorised and, if so, what regulated activities their permission needs to include; and(2) to authorised persons who may have questions about the scope of their existing permission.

DISP 3.8.2BR06/04/2008

24This does not prevent the Ombudsman disclosing information:(1) to the extent that he is required or authorised to do so by law; or(2) to the parties to the complaint; or(3) in his determination; or(4) at a hearing in connection with the complaint.

SUP 1A.2.1G01/04/2013

(1) The Supervision manual (SUP) and Decision Procedure and Penalties manual (DEPP) form the Regulatory Processes part of the Handbook.(2) SUP sets out the relationship between the FCA and authorised persons (referred to in the Handbook as firms). As a general rule, SUP contains material that is of continuing relevance after authorisation.(3) DEPP is principally concerned with and sets out the FCA's decision making procedures that involve the giving of statutory notices, the FCA's

PERG 5.10.1G01/10/2018

It must be emphasised that activities which concern invitations to renew policies and the subsequent effecting of renewal of policies are likely to fall within insurance distribution activity2. Those considering the need for authorisation or variation of their permissions will wish to consider whether a process of tacit renewal operates: that is, where a policyholder need take no action if they wish to maintain their2 insurance cover by having their2policy 'renewed'. This process

CASS 12.1.2G01/07/2014

United States ('US') legislation restricts the ability of non-US firms to trade on behalf of customers resident in the US ('US customers') on non-US futures and options exchanges. The relevant US regulator (the CFTC) operates an exemption system for firms authorised under the Act. Under the Part 30 exemption order, eligible firms may apply for confirmation of exemptive relief from Part 30 of the General Regulations under the US Commodity Exchange Act. In line with this system,

Related provisions for PERG 7.4.13

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