Related provisions for SUP 10A.14.22
Table: Explanation of the sections of the Act mentioned in SUP 10C.14.22R4
1Section |
Summary of relevant parts |
Other Handbook material |
Comments |
Section 63(2A) (Duty to notify regulator of grounds for withdrawal of approval) |
At least once a year, each firm must, in relation to every SMF manager for whom an approval has been given on the application of that firm: (a) consider whether there are any grounds on which the FCA could withdraw the approval; and (b) if the firm is of the opinion that there are such grounds, notify the FCA of those grounds. |
FIT sets out guidance on the factors a firm should take into account when assessing the fitness and propriety of an approved person. |
|
Section 64C of the Act (Requirement for 4authorised persons to notify regulator of disciplinary action) |
If: (a) a firm takes disciplinary action in relation to an SMF manager; and (b) the reason, or one of the reasons, for taking that action is a reason specified in SUP 15.11.6R; |
SUP 15.11 (Notification of COCON breaches and disciplinary action) |
An example of when a notification should be made using Form C rather than Form D is when a firm is required to notify the FCA under section 64C of the Act that it has dismissed an SMF manager. |
Table: FCA approved persons forms and other documents
1Form or other document |
Purpose |
Handbook requirement |
|
The6 relevant Form A |
Application to perform designated senior management functions6 |
||
Form B |
Notice to withdraw an application to perform controlled functions under the senior managers8 regime |
||
Notice to withdraw an application to vary an approval under the senior managers regime6 |
|||
Form C |
Notice of ceasing to perform controlled functions |
||
Form D |
Notification of changes in personal information or application details or functions |
||
Notification about fitness or of breach of conduct rules |
|||
Form E |
Internal transfer of an approved person |
||
Form I |
Application to vary a conditional approval 6 |
||
Form J |
Notification of significant change to a statement of responsibilities |
||
Relevant3statement of responsibilities 2 |
|||
4MiFID Article 4 SMR Information Form |
|||
4Annex III template |
https://www.fca.org.uk/publication/forms/mifid-changes-management-body-form.docx |
As required by the MiFID authorisation and management body change notification ITS6 |
|
[Note: Some of these forms are also used for the purposes of SUP 10A (FCA Approved Persons in Appointed Representatives)]86 |
Table: Method of submission
1Form or other document |
Firms that are not credit unions or consumer credit firms (SUP 10C.15.7D(1))7 |
Credit unions and consumer credit firms (SUP 10C.15.7D(2))7 |
The relevant Form A |
||
Form B |
||
Form C |
||
Form D |
||
Form E |
||
Form I |
||
Form J |
||
Relevant statement of responsibilities2 |
In accordance with the requirements for the form with which it is submitted |
In accordance with the requirements for the form with which it is submitted |
4MiFID Article 4 SMR Information Form |
Submit at the same time as Form A and/or E |
Not applicable |
Submit at the same time as Form A, C and/or E |
Not applicable |
The applicable due dates for submission referred to in 11SUP 16.12.4 R112 are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.12 R, unless indicated otherwise.13
Quarterly |
Half yearly |
Annual |
|
Solvency statement |
3 months |
||
FSA029 |
(note 1) (note 2) |
||
FSA030 |
(note 1) (note 2) |
||
[deleted]94 |
[deleted]94 |
||
FSA033 |
|||
FSA034 |
|||
FSA035 |
|||
FSA039 |
|||
FSA040 |
|||
FIN067 |
|||
FIN071 |
|||
MIF001 |
(note 1) (note 2) |
||
MIF002 |
(note 1) (note 2) |
||
MIF003 |
(note 1) (note 2) |
||
MIF004 |
(note 1) (note 2) |
||
MIF005 |
(note 1) (note 2) |
||
MIF006 |
|||
MIF007 |
The submission date that applies under MIFIDPRU 7.8.4R |
||
Section A RMAR |
|||
Section B RMAR |
|||
Section C RMAR |
|||
Section D1 RMAR |
|||
Section F RMAR |
|||
MLA-M |
|||
Note 1 |
For reports relating to the position of an individual firm. |
||
Note 2 |
For reports relating to the consolidated situation of an investment firm group. |
The applicable data items referred to in SUP 16.12.4 R are set out76 according to firm type76 in the table below:
Firms’ prudential category and applicable data items (note 1) |
|||||||
Firms other than MIFIDPRU investment firms |
|||||||
Chapter 3 |
Chapter 5 |
Chapter 11 |
Chapter 12 |
Chapter 13 |
|||
Solvency statement (note 2) |
No standard format |
No standard format |
No standard format |
||||
Balance sheet |
FSA029 (note 3) |
FSA029 |
FSA029 |
FSA029 |
FSA029 |
Section A RMAR |
|
Income statement |
FSA030 (note 3) |
FSA030 |
FSA030 |
FSA030 |
FSA030 |
Section B RMAR |
|
Capital adequacy |
MIF001 (note 3 and 4) |
FSA033 |
FSA034 or FSA035 or FIN071 (note 5) |
FIN066 |
FIN069 |
Section D1 RMAR |
|
ICARA assessment questionnaire |
MIF007 (note 4) |
||||||
Supplementary capital data for collective portfolio management investment firms |
FIN067 (note 9) |
||||||
Threshold conditions |
Section F RMAR |
||||||
Volumes and types of business |
FSA03895 |
FSA038 |
FSA038 |
FSA038 |
FSA038 |
||
Client money and client assets |
FSA039 |
FSA039 |
FSA039 |
FSA039 |
FSA039 |
Section C RMAR |
|
Liquidity |
MIF002 (notes 3, 4 and 6) |
||||||
Metrics monitoring |
MIF003 (notes 3 and 4) |
||||||
Concentration risk (non-K-CON) |
MIF004 (notes 3, 4 and 7) |
||||||
Concentration risk (K-CON) |
MIF005 (notes 3, 4 and 7) |
||||||
Group capital test |
MIF006 (notes 4 and 8) |
||||||
Information on P2P agreements |
FIN070 |
||||||
Note 1 |
All firms, except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9, must, when submitting the completed data item required, use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25. |
||||||
Note 2 |
Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner. |
||||||
Note 3 |
A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation. |
||||||
Note 4 |
Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9. |
||||||
Note 5 |
FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R. |
||||||
Note 6 |
Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU [6]. |
||||||
Note 7 |
Only applicable to a non-SNI MIFIDPRU investment firm. |
||||||
Note 8 |
Only applicable to a parent undertaking to which the group capital test applies. |
||||||
Note 9 |
Only applicable to firms that are collective portfolio management investment firms. |
The applicable reporting frequencies for data items referred to in SUP 16.12.15 R2 are set out in the table below according to firm type. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.
Firm other than a MIFIDPRU investment firm |
||||
Solvency statement |
Annually |
Annually |
Annually |
|
FSA029 |
Quarterly |
Quarterly |
Quarterly |
Quarterly |
FSA030 |
Quarterly |
Quarterly |
Quarterly |
Quarterly |
[deleted]94 |
[deleted]94 |
|||
FSA033 |
Quarterly |
|||
FSA034 |
Quarterly |
|||
FSA035 |
Quarterly |
|||
FSA03895 |
Half yearly 95 |
Half yearly 95 |
Half yearly 95 |
|
FSA039 |
Half yearly |
Half yearly |
Half yearly |
|
FIN067 |
Quarterly (note 3) |
Quarterly (note 3) |
||
FIN071 |
Quarterly |
|||
MIF001 |
Quarterly (note 3) |
Quarterly (note 3) |
Quarterly (note 3) |
|
MIF002 |
Quarterly (note 3) |
Quarterly (note 3) |
Quarterly (note 3) |
|
MIF003 |
Quarterly (note 3) |
Quarterly (note 3) |
Quarterly (note 3) |
|
MIF004 |
Quarterly (note 3) |
Quarterly (note 3) |
||
MIF005 |
Quarterly |
Quarterly |
||
MIF006 |
Quarterly (note 3) |
Quarterly (note 3) |
||
MIF007 |
Annually (note 4) |
Annually (note 4) |
||
Section A RMAR |
Half yearly (note 1) Quarterly (note 2) |
|||
Section B RMAR |
Half yearly (note 1) Quarterly (note 2) |
|||
Section C RMAR |
Half yearly (note 1) Quarterly (note 2) |
|||
Section D1 RMAR |
Half yearly (note 1) Quarterly (note 2) |
|||
Section F RMAR |
Half yearly 90 |
|||
Note 1 |
Annual regulated business revenue up to and including £5 million. |
|||
Note 2 |
Annual regulated business revenue over £5 million. |
|||
Note 3 |
Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December. |
|||
Note 4 |
The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R. |
The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.16 R, unless indicated otherwise.13
Quarterly |
Half yearly |
Annual |
|
Solvency statement |
3 months |
||
FSA029 |
(note 1) (note 2) |
||
FSA030 |
|||
[deleted]94 |
[deleted]94 |
||
FSA033 |
|||
FSA034 |
|||
FSA035 |
|||
FSA03895 |
|||
FSA039 |
|||
FIN067 |
|||
FIN071 |
|||
MIF001 |
(note 1) (note 2) |
||
MIF002 |
(note 1) (note 2) |
||
MIF003 |
(note 1) (note 2) |
||
MIF004 |
(note 1) (note 2) |
||
MIF005 |
(note 1) (note 2) |
||
MIF006 |
|||
MIF007 |
The submission date that applies under MIFIDPRU 7.8.4R |
||
Section A RMAR |
|||
Section B RMAR |
|||
Section C RMAR |
|||
Section D1 RMAR |
|||
Section F RMAR |
|||
Note 1 |
For reports relating to the position of an individual firm. |
||
Note 2 |
For reports relating to the consolidated situation of an investment firm group. |
2The applicable data items80 referred to in SUP 16.12.4 R are set out according to type of firm8 in the table below:
888Firms’76 prudential category and applicable data items76 (note 1) |
|||||
IPRU(INV) Chapter 3 |
IPRU(INV) Chapter 5 |
IPRU(INV)Chapter 13 |
43 | ||
Solvency statement (note 6)5 |
No standard format5 |
43 | |||
Balance sheet |
FSA029 11 |
FSA029 11 |
Section A RMAR89 11 |
4311 | |
Income statement |
FSA030 11 |
FSA030 11 |
Section B RMAR89 11 |
4311 | |
Capital adequacy |
FSA033 11 |
Section D1 RMAR89 50506220 |
4311 | ||
5Threshold conditions |
Section F RMAR89 24 |
||||
Client money and client assets |
FSA039 |
FSA039 |
Section C RMAR 5 |
43 | |
69Pillar 2 questionnaire |
FSA019 (note 8) |
||||
Note 1 |
When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25. |
||||
Note 2 |
[deleted]24 24 |
||||
Note 3 |
[deleted]11 11 |
||||
Note 4 |
FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R74, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed76. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R74, unless76 the firm is the depositary of a UCITS scheme in which case, FIN072 must be completed75.52 7569757469 |
||||
Note 5 |
[deleted]89 505 |
||||
Note 6 |
Only applicable to a firm that is a partnership, when the report must be submitted by each partner. |
||||
5Note 7 |
[deleted]89 112424622411 |
||||
69Note 8 |
Only applicable to a firm that is the depositary of a UCITS scheme. |
2The applicable reporting frequencies for submission of data items referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.
Solvency statement |
Annually |
69FSA019 |
Annually |
FSA029 |
Quarterly 8 |
FSA030 |
Quarterly 8 |
[deleted]94 |
[deleted]94 |
FSA032 |
Quarterly |
FSA033 |
Quarterly 8 |
FSA034 |
Quarterly 8 |
FSA035 |
Quarterly 843 |
FSA039 |
Half yearly11 |
52FIN071 |
Quarterly |
69FIN072 |
Quarterly |
5Section A RMAR |
Half yearly (note 2) Quarterly (note 3) |
5Section B RMAR |
Half yearly (note 2) Quarterly (note 3) |
5Section C RMAR |
Half yearly (note 2) Quarterly (note 3) |
Sections D1 and D2 RMAR80 50505062 |
Half yearly (note 2) Quarterly (note 3) |
5Section F RMAR |
Half yearly |
Note 1 |
[deleted]8 8 |
5Note 2 |
Annual regulated business revenue up to and including £5 million. |
5Note 3 |
5Annual regulated business revenue over £5 million. |
2The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.20 R.
Quarterly18 |
Half yearly18 |
Annual18 |
|
Solvency statement |
3 months |
||
69FSA019 |
2 months |
||
FSA029 |
11 | ||
FSA030 |
11 | ||
[deleted]94 |
[deleted]94 |
||
FSA032 |
|||
FSA033 |
11 | ||
FSA034 |
11 | ||
FSA035 |
1143 | ||
FSA039 |
|||
69 | |||
FSA040 |
15 business days 3 |
||
52FIN071 |
|||
75FIN072 |
|||
5Section A RMAR |
|||
5Section B RMAR |
|||
5Section C RMAR |
|||
Sections D1 and D2 RMAR80 4917495062 |
|||
5Section F RMAR |
2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:
Firms’ prudential category and applicable data item (note 1) |
|||
Chapter 13 |
Firms that are also in one or more of RAGs 2 to 6 and not subject to IPRU(INV) Chapter 13 |
||
Solvency statement |
No standard format (note 2) |
||
Balance sheet |
FSA029 (note 3) |
Section A RMAR |
|
Income statement |
FSA030 (note 3) |
Section B RMAR |
|
Capital adequacy |
MIF001 (notes 3 and 6) |
Section D1 RMAR (note 9) |
|
Liquidity |
MIF002 (notes 3, 4 and 6) |
||
Metrics monitoring |
MIF003 (notes 3 and 6) |
||
Concentration risk (non-K-CON) |
MIF004 (notes 3, 5 and 6) |
||
Concentration risk (K-CON) |
MIF005 (notes 3, 5 and 6) |
||
Group capital test |
MIF006 (notes 6 and 8) |
||
ICARA assessment questionnaire |
MIF007 (note 6) |
||
Supplementary capital data for collective portfolio management investment firms |
FIN067 (note 10) |
||
Professional indemnity insurance (note 11)90 |
Section E RMAR |
Section E RMAR |
Section E RMAR |
Threshold conditions |
Section F RMAR |
||
Training and competence |
Section G RMAR |
Section G RMAR |
Section G RMAR |
COBS data |
Section H RMAR |
Section H RMAR |
Section H RMAR |
Client money and client assets |
Section C RMAR |
Section C RMAR |
|
Fees and levies |
Section J RMAR |
Section J RMAR |
|
Adviser charges |
Section K RMAR (note 7) |
Section K RMAR (note 7) |
Section K RMAR (note 7) |
Note 1 |
When submitting the completed data item required, a firm (except a MIFIDPRU investment firm in relation to an item reported under MIFIDPRU 9) must use the format of the data item set out in SUP 16 Annex 24R, or SUP 16 Annex 18AR in the case of the RMAR. Guidance notes for completion of the data items are contained in SUP 16 Annex 25, or SUP 16 Annex 18BG in the case of the RMAR. |
||
Note 2 |
Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner. |
||
Note 3 |
A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation. |
||
Note 4 |
Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU 6. |
||
Note 5 |
Only applicable to a non-SNI MIFIDPRU investment firm. |
||
Note 6 |
Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9. |
||
Note 7 |
This item only applies to firms that provide advice on retail investment products and P2P agreements. |
||
Note 8 |
Only applicable to a parent undertaking to which the group capital test applies. |
||
Note 9 |
Where a firm submits data items for both RAG 7 and RAG 9, the firm must complete Section D1. |
||
Note 10 |
Only applicable to firms that are collective portfolio management investment firms. |
||
Note 11 |
This item only applies94 to firms that are subject to an FCA requirement to hold professional indemnity insurance94. 90 |
The applicable reporting frequencies for data items referred to in SUP 16.12.22A R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.45
Frequency |
|||||
Annual regulated business revenue up to and including £5 million |
Annual regulated business revenue over £5 million |
||||
Solvency statement |
Annually |
Annually |
|||
FSA029 |
Quarterly |
Quarterly |
Quarterly |
||
FSA030 |
Quarterly |
Quarterly |
Quarterly |
||
FIN067 |
Quarterly |
Quarterly |
|||
MIF001 |
Quarterly (note 1) |
Quarterly (note 1) |
Quarterly (note 1) |
||
MIF002 |
Quarterly (note 1) |
Quarterly (note 1) |
Quarterly (note 1) |
||
MIF003 |
Quarterly (note 1) |
Quarterly (note 1) |
Quarterly (note 1) |
||
MIF004 |
Quarterly (note 1) |
Quarterly (note 1) |
|||
MIF005 |
Quarterly |
Quarterly |
|||
MIF006 |
Quarterly (note 1) |
Quarterly (note 1) |
|||
MIF007 |
Annually (note 2) |
Annually (note 2) |
|||
Section A RMAR |
Half yearly |
Quarterly |
|||
Section B RMAR |
Half yearly |
Quarterly |
|||
Section C RMAR |
Half yearly |
Quarterly |
|||
Section D1 RMAR |
Half yearly |
Quarterly |
|||
Section E RMAR |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Quarterly |
Section F RMAR |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Section G RMAR |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Section H RMAR |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Half yearly |
Section J RMAR |
Annually |
Annually |
Annually |
Annually |
Annually |
Section K RMAR |
Annually |
Annually |
Annually |
Annually |
Annually |
Note 1 |
Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December. |
||||
Note 2 |
The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R. |
45The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.23A R, unless indicated otherwise.
Quarterly |
Half yearly |
Annual |
|
Solvency statement |
3 months |
||
FSA029 |
(note 1) (note 2) |
||
FSA030 |
(note 1) (note 2) |
||
FIN067 |
|||
MIF001 |
(note 1) (note 2) |
||
MIF002 |
(note 1) (note 2) |
||
MIF003 |
(note 1) (note 2) |
||
MIF004 |
(note 1) (note 2) |
||
MIF005 |
(note 1) (note 2) |
||
MIF006 |
|||
MIF007 |
The submission date that applies under MIFIDPRU 7.8.4R |
||
Section A RMAR |
|||
Section B RMAR |
|||
Section C RMAR |
|||
Section D1 RMAR |
|||
Section E RMAR |
|||
Section F RMAR |
|||
Section G RMAR |
|||
Section H RMAR |
|||
Section J RMAR |
|||
Section K RMAR |
|||
Note 1 |
For reports relating to the position of an individual firm. |
||
Note 2 |
For reports relating to the consolidated situation of an investment firm group. |
2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:
Firms’ prudential category and applicable data items (note 1) |
|||||
Firms other than MIFIDPRU investment firms |
|||||
Chapter 3 |
Chapter 5 |
Chapter 13 |
|||
Solvency statement (note 2) |
No standard format |
||||
Balance sheet |
FSA029 (note 3) |
FSA029 |
FSA029 |
Section A RMAR |
|
Income statement |
FSA030 (note 3) |
FSA030 |
FSA030 |
Section B RMAR |
|
Capital adequacy |
MIF001 (notes 3 and 5) |
FSA033 |
FSA034 or FSA035 or FIN071 (note 4) |
Section D1 RMAR |
|
Liquidity |
MIF002 (notes 3 and 5) |
||||
Metrics monitoring |
MIF003 (notes 3 and 5) |
||||
Concentration risk (non-K-CON) |
MIF004 (notes 3, 5 and 7) |
||||
Concentration risk (K-CON) |
MIF005 (notes 3, 5 and 7) |
||||
Group capital test |
MIF006 (notes 5 and 6) |
||||
ICARA assessment questionnaire |
MIF007 (note 5) |
||||
Threshold conditions |
Section F RMAR (note 17) |
||||
Client money and client assets |
FSA039 |
FSA039 |
FSA039 |
Section C RMAR (note 13) or FSA039 |
|
Note 1 |
All firms (except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9) when submitting the completed data item required, must use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25. |
||||
Note 2 |
Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner. |
||||
Note 3 |
A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation. |
||||
Note 4 |
FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed. FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R. |
||||
Note 5 |
Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9. |
||||
Note 6 |
Only applicable to a parent undertaking to which the group capital test applies. |
||||
Note 7 |
Only applicable to a non-SNI MIFIDPRU investment firm. |
The applicable reporting frequencies for data items referred to in SUP 16.12.25A R are set out according to the type of firm2 in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.
Firm other than a MIFIDPRU investment firm |
||||
Solvency statement |
Annually |
Annually |
Annually |
|
FSA029 |
Quarterly |
Quarterly |
Quarterly |
Quarterly |
FSA030 |
Quarterly |
Quarterly |
Quarterly |
Quarterly |
[deleted] 94 |
[deleted] 94 |
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FSA033 |
Quarterly |
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FSA034 |
Quarterly |
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FSA035 |
Quarterly |
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FSA039 |
Half yearly |
Half yearly |
Half yearly |
|
FIN071 |
Quarterly |
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MIF001 |
Quarterly (note 3) |
Quarterly (note 3) |
Quarterly (note 3) |
|
MIF002 |
Quarterly (note 3) |
Quarterly (note 3) |
Quarterly (note 3) |
|
MIF003 |
Quarterly (note 3) |
Quarterly (note 3) |
Quarterly (note 3) |
|
MIF004 |
Quarterly (note 3) |
Quarterly (note 3) |
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MIF005 |
Quarterly |
Quarterly |
||
MIF006 |
Quarterly |
Quarterly |
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MIF007 |
Annually (note 4) |
Annually (note 4) |
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Section A RMAR |
Half yearly (note 1) Quarterly (note 2) |
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Section B RMAR |
Half yearly (note 1) Quarterly (note 2) |
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Section C RMAR |
Half yearly (note 1) Quarterly (note 2) |
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Section D1 RMAR |
Half yearly (note 1) Quarterly (note 2) |
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Section F RMAR |
Half yearly |
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Note 1 |
Annual regulated business revenue up to and including £5 million. |
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Note 2 |
Annual regulated business revenue over £5 million. |
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Note 3 |
Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December. |
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Note 4 |
The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R. |
The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.26 R, unless indicated otherwise13.
Quarterly |
Half yearly |
Annual |
|
Solvency statement |
3 months |
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FSA029 |
(note 1) (note 2) |
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FSA030 |
(note 1) (note 2) |
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[deleted] 94 |
[deleted] 94 |
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FSA033 |
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FSA034 |
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FSA035 |
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FSA039 |
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FIN071 |
|||
MIF001 |
(note 1) (note 2) |
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MIF002 |
(note 1) (note 2) |
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MIF003 |
(note 1) (note 2) |
||
MIF004 |
(note 1) (note 2) |
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MIF005 |
(note 1) (note 2) |
||
MIF006 |
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MIF007 |
The submission date that applies under MIFIDPRU 7.8.4R |
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Section A RMAR |
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Section B RMAR |
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Section C RMAR |
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Section D1 RMAR |
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Section F RMAR |
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Note 1 |
For reports relating to the position of an individual firm. |
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Note 2 |
For reports relating to the consolidated situation of an investment firm group. |
Financial reports from a member of a financial conglomerate (see SUP 16.12.32 R)
Content of Report |
Form (Note 1) |
Frequency |
Due Date |
Calculation of supplementary capital adequacy requirements in accordance with one of the three42 technical calculation methods 42 |
Note 2 |
Note 5 Yearly42 |
Note 5 |
Identification of significant risk concentration levels |
Note 3 |
Yearly |
4 months after year end |
Identification of significant intra-group transactions |
Note 4 |
Yearly |
4 months after year end |
Report on compliance with GENPRU 3.1.35 R where it applies 11 |
Note 6 |
Note 5 |
Note 5 |
Note 1 |
When giving the report required, a firm must use the form indicated, if any. |
||
Note 2 |
In respect of FCA-authorised persons, if39 Part 1 of GENPRU3 Annex 1 (method80 1), or Part 2 of GENPRU 3 Annex 1 (method 2), or Part 3 of GENPRU 3 Annex 1 (method 3) applies, there is no specific form. Adequate information must be provided, specifying the calculation method used42 and each financial conglomerate for which the FCA68 is the co-ordinator must discuss with the FCA68 the form which this reporting will take and the extent to which verification by an auditor will be required.42 1168429797979742 |
||
42 | |||
42 | |||
7942424242 | |||
Note 3 |
Rather than specifying a standard format for each financial conglomerate to use, each financial conglomerate for which the FCA68 is the co-ordinator must discuss with the FCA68 the form of the information to be reported. This should mean that usual information management systems of the financial conglomerate can be used to the extent possible to generate and analyse the information required. When reviewing the risk concentration levels, the FCA68 will in particular monitor the possible risk of contagion in the financial conglomerate, the risk of a conflict of interests, the risk of circumvention of sectoral rules68, and the level or volume of risks. 979797979797 |
||
Note 4 |
For the purposes of this reporting requirement, an intra-group transaction will be presumed to be significant if its amount exceeds 5% of the total amount of capital adequacy requirements at the level of the financial conglomerate. Rather than specifying a standard format for each financial conglomerate to use, each financial conglomerate for which the FCA68 is the co-ordinator must11 discuss with the FCA68 the form of the information to be reported. This should mean that the68 usual information management systems of the financial conglomerate can be used to the extent possible to generate and analyse the information required. When reviewing the intra-group transactions, the FCA68 will in particular monitor the possible risk of contagion in the financial conglomerate, the risk of a conflict of interest11, the risk of circumvention of sectoral rules, and the level or volume of risks. 97971197979797 |
||
Note 5 |
The frequency and due date will be as follows: (1) banking and investment services conglomerate; frequency is yearly80 with due date 45 business days after period end;42 and68 (2) insurance conglomerate: frequency is yearly with due date four months after period end for the capital adequacy return and three months after period end for the report on compliance with GENPRU 3.1.35 R where it applies. 116811684242 |
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Note 6 |
Adequate information must be added as a separate item to the relevant form for sectoral reporting. |
Outsourcing arrangements
1Outsourcing arrangements |
Explanation |
Submitting form |
The FCA will consider A to have taken reasonable care if it enters into a contract with B under which B is responsible for ensuring that the relevant FCA-designated senior management functions are performed by FCA-approved SMF managers, and that it is reasonable for A to rely on this. |
Firm B submits FCA-approved persons forms on behalf of firm A. |
|
Outsourcing by A to B (both being a member of the same United Kingdomgroup and each having its registered office in the United Kingdom) |
See SUP 10C.3.9G |
Either A or B may submit FCA-approved persons forms on behalf of firms in the group (see SUP 15.7.8G). |
(i) A to B, where B: (a) is not an authorised person; and (b) is not part of the same group as A; or (ii) A to B, where A is a branch of an overseas firm in the United Kingdom, and B is an overseasundertaking of the same group; or (iii) A to B, where A is a UK authorised subsidiary of an overseas firm and B is an overseasundertaking of the same group. |
Responsibility for (as opposed to the performance of) any activity outsourced to B will remain with A. See SYSC 8. |
A ensures that an individual approved by the FCA or the PRA to perform a designated senior management function has responsibility for the outsourcedarrangement and A submits a form in relation to that individual. |
Table: Examples5 of how the requirements for submitting statements of responsibilities work
1Example |
Comments |
(1) A firm applies for approval for A to perform the executive director function5 and the money laundering reporting function5. |
There should be a single statement of responsibilities document that covers the two functions. The combined document should be included with the application for approval. |
(2) Firm X applies for approval for A to perform the executive director function5. Firm Y applies for approval for A to perform the money laundering reporting function. Both firms are SMCR firms5. |
There should be separate statements of responsibilities for each firm. This is the case even if Firm X and Firm Y are in the same group. |
(3) A firm applies for approval for A to perform an FCA-designated senior management function and a PRA-designated senior management function. The arrangements in SUP 10C.9 for FCA functions to be absorbed into PRA ones do not apply and so there are separate applications to the FCA and PRA. The firm is a PRA-authorised person.6 |
The single statement of responsibilities document should cover both the FCA and the PRA functions. |
(4) A has approval to perform the executive director function5. Later, A is to be appointed to perform the money laundering reporting function5 for the same firm. This will also result in substantial changes to A’s duties as an executive director. |
The firm should not use Form J to notify the changes to A’s duties as an executive director. The firm should submit a revised single statement of responsibilities document along with the application to perform the money laundering reporting function5. The single statement of responsibilities document should cover both functions. The part relating to A’s duties as an executive director should be updated. |
(5) A has approval to perform the executive director function5. Later, A is to be appointed to perform the PRA's chief risk officer designated senior management function for the same firm. This will also result in substantial changes to A’s duties as an executive director. The firm is a PRA-authorised person.6 |
The firm should not use Form J to notify the changes to A’s duties as an executive director. The firm should submit a revised single statement of responsibilities document along with the application to perform the PRA function. The firm should not submit the revised single statement of responsibilities document separately to the FCA. Instead, it should include it as part of the application to the PRA. The single statement of responsibilities document should cover both the FCA and the PRA functions. The part relating to A’s duties as an executive director should be updated. |
(6) A has approval to perform the money laundering reporting function5. The approval to perform the money laundering reporting function5 is subject to a condition. The firm is applying to vary that condition. |
The firm should include a revised statement of responsibilities with the application. The firm should not use Form J. It should submit a revised statement of responsibilities along with the application to vary the approval. |
(7) A has approval to perform the executive director function5 and the money laundering reporting function5 for the same firm. The approval to perform the money laundering reporting function5 is subject to a condition. The firm is applying to vary that condition. As part of the same arrangements, there are to be substantial changes to A’s job as an executive director. |
The firm should not use Form J to notify the changes to A’s duties as an executive director. The firm should submit a revised single statement of responsibilities document along with the application to vary the approval for the money laundering reporting function5. The single statement of responsibilities document should be updated and should cover both functions. |
(8) A has approval to perform the executive director function5 and the PRA's chief risk officer designated senior management function for the same firm. The arrangements in SUP 10C.9 for FCA functions to be absorbed into PRA ones do not apply and so there are separate FCA and PRA approvals. The approval to perform the PRA's chief risk officer designated senior management function is subject to a condition. The firm is applying to vary that condition. As part of the same arrangements, there are to be substantial changes to A’s job as an executive director. The firm is a PRA-authorised person.6 |
The firm should not use Form J to notify the changes to A’s duties as an executive director. The firm should submit a revised single statement of responsibilities document along with the application to vary the PRA function. The firm should not submit the revised document separately to the FCA. Instead it should include it as part of the application to the PRA. The single statement of responsibilities document should cover both the FCA and the PRA functions and should be updated. |
(9) A has approval to perform the executive director function5 and the money laundering reporting function5 for the same firm. Sometime later, A is to give up the money laundering reporting function5 and take up the PRA's chief risk officer designated senior management function. This will involve major changes to A’s role as executive director. The firm is a PRA-authorised person.6 |
The answer to example (5) applies. The application to the PRA to perform the PRA function should be accompanied by a single document that: (1) contains the statement of responsibilities for the new function; (2) contains the revised statement of responsibilities for the executive director function5; and (3) reflects the fact that A is no longer performing the money laundering reporting function5. |
(10) A firm has approval for A to perform the executive director function5 and the money laundering reporting function5. A then ceases to perform the money laundering reporting function5 but continues to perform the executive director function.5 |
The firm must submit: (a) Form C for the money laundering reporting function5; (b) Form J; and (c) a single updated statement of responsibilities document that covers the executive director function and reflects the fact that A is no longer performing the money laundering reporting function5. |
(11) A has approval to perform the executive director function5 and the PRA's chief risk officer designated senior management function for the same firm. Later, A gives up his role as chief risk officer. The firm is a PRA-authorised person.6 |
The firm must submit: (a) Form C for the PRA function; (b) Form J; and (c) a single updated statement of responsibilities document that covers the executive director function5. The firm should not submit the revised single statement of responsibilities document separately to the FCA. Instead, it should include it as part of the notification to the PRA. |
(12) A has approval to perform the executive director function5. Later, A is to be appointed to perform the money laundering reporting function5 for the same firm. The application is rejected. |
The single statement of responsibilities document submitted as part of the application will no longer be correct as it reflects the proposed new approval. If the only changes to the single document in the version sent with the application are ones5 clearly and exclusively tied to the new function, the firm will not need to amend the document as the changes will automatically fall away. In any other case (for instance if the application is approved conditionally), it is likely that the firm will need to update it using Form J. In any case, the FCA may contact the firm to agree a revised single statement of responsibilities document. |
(13) A has approval to perform the money laundering reporting function5. Later, A is to be appointed as an executive director5 for the same firm. This will not result in any significant5 changes to A’s duties in the money laundering reporting function5. However, there have been some insignificant changes to A’s role in the money laundering reporting function5 since the firm submitted the most recent single statement of responsibilities document. The changes are not connected to A’s appointment as executive director5. |
The answer for example (4) applies. The single statement of responsibilities document should be updated to cover the changes to A’s duties in the money laundering role as well as covering A’s appointment to perform the executive director function. It does not matter that the changes to A’s money laundering role5 are not significant. |
(14) A has approval to perform the executive director function5. Later, A’s business unit grows in size and so the firm needs to apply for A to be approved to perform the PRA's Head of Key Business Area designated senior management function. However, A’s responsibilities do not change. The firm is a PRA-authorised person.6 |
The firm should submit a revised single statement of responsibilities document along with the application to perform the PRA function. The firm should submit a single statement of responsibilities document that covers both the FCA and the PRA functions. It should not submit the revised single statement of responsibilities document separately to the FCA. Instead, it should include it as part of the application to the PRA. |
2(15) Firm X has a branch in the United Kingdom. Firm Y is a UK authorised subsidiary3 of firm X. Firm X is an overseas SMCR firm that is not an EEA SMCR firm5 and firm3 Y is a UK SMCR firm5. Both firms apply for approval for the same individual (P) to perform the executive director function5. 3 |
There should be separate statement of responsibilities for P for each firm. |
7(16) An FCA-approved SMF manager goes on or returns from a temporary absence of longer than 12 weeks. |
The firm must submit: (a) Form D (SUP 10C Annex 6R); (b) Form J (SUP 10C Annex 9D); and (c) an updated statement of responsibilities document (SUP 10C Annex 10D). |
Note:5 The single statement of responsibilities document means the single document described in SUP 10C.11.13D.5 |
Table: FCA-approved persons forms
Form |
Purpose |
Handbook requirement |
|
the relevant Form A |
311 | Application to perform controlled functions under the approved persons regime |
|
Form B |
Notice to withdraw an application to perform controlled functions under the approved persons regime |
||
Form C |
Notice of ceasing to perform controlled functions |
||
Form D |
Notification of changes in personal information or application details |
||
Form E |
113 | Internal transfer of an approved person |
|
5556 | |||
5 |