Related provisions for BIPRU 8.5.10
Transparency of collective investment undertakings in periodical reports |
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1. |
UCITS management companies, UCITS investment companies, and AIFMs shall inform investors on the use they make of SFTs and total return swaps in the following manner: |
|
(a) |
for UCITS management companies or UCITS investment companies in the half-yearly and annual reports referred to in [COLL 4.5.3R (Preparation of long reports)]21; |
|
(b) |
for AIFMs in the annual report referred to in [FUND 3.3.2R (Provision of annual report).]21 |
|
2. |
The information on SFTs and total return swaps shall include the data provided for in Section A of the Annex. |
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[Note: article 13(1) and 13(2) of the Securities Financing Transactions Regulation and article 3 for relevant definitions] |
Information to be provided in the UCITS half-yearly and annual reports and the AIF’s annual report |
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Global data: |
|
- |
The amount of securities and commodities on loan as a proportion of total lendable assets defined as excluding cash and cash equivalents; |
- |
The amount of assets engaged in each type of SFTs and total return swaps expressed as an absolute amount (in the collective investment undertaking’s currency) and as a proportion of the collective investment undertaking’s assets under management (AUM). |
Concentration data: |
|
- |
Ten largest collateral issuers across all SFTs and total return swaps (break down of volumes of the collateral securities and commodities received per issuer’s name); |
- |
Top 10 counterparties of each type of SFTs and total return swaps separately (Name of counterparty and gross volume of outstanding transactions). |
Aggregate transaction data for each type of SFTs and total return swaps separately to be broken down according to the below categories: |
|
- |
Type and quality of collateral; |
- |
Maturity tenor of the collateral broken down in the following maturity buckets: less than one day, one day to one week, one week to one month, one to three months, three months to one year, above one year, open maturity; |
- |
Currency of the collateral; |
- |
Maturity tenor of the SFTs and total return swaps broken down in the following maturity buckets: less than one day, one day to one week, one week to one month, one to three months, three months to one year, above one year, open transactions; |
- |
Country in which the counterparties are established; |
- |
Settlement and clearing (e.g., tri-party, Central Counterparty, bilateral). |
Data on reuse of collateral: |
|
- |
Share of collateral received that is reused, compared to the maximum amount specified in the prospectus or in the disclosure to investors; |
- |
Cash collateral reinvestment returns to the collective investment undertaking. |
Safekeeping of collateral received by the collective investment undertaking as part of SFTs and total return swaps: |
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Number and names of custodians and the amount of collateral assets safe-kept by each of the custodians |
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Safekeeping of collateral granted by the collective investment undertaking as part of SFTs and total return swaps: |
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The proportion of collateral held in segregated accounts or in pooled accounts, or in any other accounts |
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Data on return and cost for each type of SFTs and total return swaps broken down between the collective investment undertaking, the manager of the collective investment undertaking and third parties (e.g. agent lender) in absolute terms and as a percentage of overall returns generated by that type of SFTs and total return swaps |
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[Note: section A of the annex to the Securities Financing Transactions Regulation and article 3 for relevant definitions] |
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) |
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RAG |
Firm type |
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1 |
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A non-UK bank5. |
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2.2 |
The Society |
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3 |
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All other firms subject to the following chapters in IPRU(INV): |
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(1) |
Chapter 3 |
|
(2) |
Chapter 5 |
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(3) |
[deleted]7 |
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4 |
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All other firms subject to the following chapters in IPRU(INV): |
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(1) |
Chapter 3 |
|
(2) |
Chapter 5 |
|
(3) |
[deleted]7 |
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(4)6 |
Chapter 12 |
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5 |
All firms |
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6 |
All firms other than firms subject to IPRU (INV) Chapter 13 6 3 |
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7 |
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8 |
All firms other than firms subject to IPRU (INV) Chapter 13 6 3 |
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
3
4
7
2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below.11
The applicable reporting frequencies for submission of data items and periods referred to in SUP 16.12.4 R are set out in the table below and are calculated from a firm'saccounting reference date, unless indicated otherwise.
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. 11
97 | the Society (note 1) |
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Frequency |
Submission deadline |
Description of data item |
Frequency |
Submission deadline |
|
Annual Lloyd's return |
Annually |
6 months after the Society'saccounting reference date |
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Syndicate accounts and reports (note 2) |
Annually |
6 months after the Society'saccounting reference date |
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Quarterly reporting statement |
Quarterly |
15 business days after the quarter end |
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Balance Sheet |
|||||
FSA001 (note89 20) or 13 |
Quarterly or half yearly |
(note 14) |
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FSA029 |
Quarterly (note 14) |
(note 14) |
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Income Statement |
|||||
FSA002 (note20), or 13 |
Quarterly or half yearly (note 14) |
(note 14) |
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FSA030 |
Quarterly |
(note 14) |
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Capital Adequacy |
|||||
FSA003 (notes 4, 20) or |
Monthly, quarterly or half yearly (note 14) |
(note 14) |
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FSA033 (note 12) or |
Quarterly |
(note 14) |
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FSA034 (note 13) or |
Quarterly |
(note 14) |
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FSA035 (note 13) |
Quarterly |
(note 14) |
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Credit Risk |
|||||
FSA004 (notes 5, 20) 13 |
Quarterly or half yearly (note 14) |
(note 14) |
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Market Risk |
|||||
FSA005 (notes 6, 20) 13 |
Quarterly or half yearly (note 14) |
(note 14) |
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13 | |||||
13 | 13 | 13 | |||
13 | |||||
13 | 13 | 13 | |||
Large Exposures |
|||||
1513 | Quarterly |
20 business days (note 19) |
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13 | |||||
13 | 13 | 13 | |||
13 | |||||
13 | 13 | 13 | |||
13 | |||||
13 | 13 | 13 | |||
13 | |||||
13 | 13 | 13 | |||
13 | |||||
13 | 13 | 13 | |||
Note 1 |
The Society must prepare its reports in the format specified in IPRU(INS) Appendix 9.11, unless Note 2 applies. |
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Note 2 |
The Society must ensure that the annual syndicate accounts and reports are prepared in accordance with the Insurance Accounts Directive (Lloyd's Syndicate and Aggregate Accounts) Regulations 2008 (S.I. 2008/1950). |
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Note 3 |
[deleted]97 97 |
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Note 4 |
|||||
Note 5 |
This applies to a firm that is required to submit data item FSA003 and, at anytime within the 12 months up to its latest accounting reference date ("the relevant period"), was reporting data item FSA004 ("Firm A") or not reporting this item ("Firm B"). In the case of Firm A it must report this data item if one or both of its last two submissions in the relevant period show that the threshold was exceeded. In the case of Firm B it must report this item if both the last two submissions in the relevant period show that the threshold has been exceeded. The threshold is exceeded where data element 77A in data item FSA003 is greater than £10 million, or its currency equivalent, at the relevant reporting date for the firm. |
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Note 6 |
This applies to a firm that is required to submit data item FSA003 and, at anytime within the 12 months up to its latest accounting reference date ("the relevant period"), was reporting data item FSA005 ("Firm A") or not reporting this item ("Firm B"). In the case of Firm A it must report this data item if one or both of its last two submissions in the relevant period show that the threshold was exceeded. In the case of Firm B it must report this item if both the last two submissions in the relevant period show that the threshold has been exceeded. The threshold is exceeded where data element 93A in data item FSA003 is greater than £50 million, or its currency equivalent, at the relevant reporting date for the firm. |
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Note 7 |
[deleted]13 13 |
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Note 8 |
[deleted]13 13 |
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Note 9 |
[deleted]13 13 |
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Note 10 |
[deleted]13 13 |
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Note 11 |
[deleted]13 13 |
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Note 12 |
FSA033 is only applicable to firms subject to IPRU(INV) 3.80 |
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Note 13 |
Only applicable to firms subject to IPRU(INV) 5. 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. |
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Note 14 |
89All UK consolidation group reports report half yearly on 45 business days submission. All other firms report monthly on 20 business days submission. 373737 |
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Note 15 |
[deleted]89 |
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Note 16 |
[deleted]13 13 |
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Note 17 |
[deleted]13 13 |
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Note 18 |
[deleted]13 13 |
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Note 19 |
UK consolidation group reports have 45 business days submission. |
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Note 20 |
Firms that are members of a UK consolidation group are also required to submit FSA001, FSA002, FSA003, FSA004, FSA005 and FSA008 on a UK consolidation group basis. |
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15Note 21 |
[deleted]89 373737 |
The applicable data items referred to in SUP 16.12.4 R are set out according to firm type in the table below:
Firms’prudential category and applicable data items (note 1) |
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Firms other than MIFIDPRU investment firms |
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IPRU(INV)Chapter 3 |
IPRU(INV)Chapter 5 |
IPRU(INV)Chapter 13 |
|||
Solvency statement |
No standard format (note 4) |
No standard format (note 6) |
No standard format (note 4) |
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Balance sheet |
FSA029 (note 2) |
FSA029 (note 5) |
FSA029 |
Section A RMAR |
|
Income statement |
FSA030 (note 2) |
FSA030 (note 5) |
FSA030 |
Section B RMAR |
|
Capital adequacy |
MIF001 (note 2 and 3) |
FSA033 (note 5) |
FSA034 or FSA035 or FIN071 (note 7) |
Section D1 RMAR |
|
Supplementary capital data for collective portfolio management investment firms |
FIN067 (note 13) |
||||
ICARA assessment questionnaire |
MIF007 (note 3) |
||||
Threshold conditions |
Section F RMAR |
||||
Client money and client assets |
FSA039 |
FSA039 |
FSA039 |
Section C RMAR |
|
CFTC |
FSA040 (note 8) |
FSA040 (note 8) |
FSA040 (note 8) |
FSA040 (note 8) |
|
Liquidity |
MIF002 (notes 2, 3 and 10) |
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Metrics reporting |
MIF003 (notes 2 and 3) |
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Concentration risk (non-K-CON) |
MIF004 (notes 2, 3 and 11) |
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Concentration risk (K-CON) |
MIF005 (notes 2, 3 and 11) |
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Group capital test |
MIF006 (notes 3 and 12) |
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Liquidity Questionnaire |
MLA-M (note 9) |
MLA-M (note 9) |
MLA-M (note 9) |
MLA-M (note 9) |
|
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 24R. Guidance notes for completion of the data items are contained in SUP 16 Annex 25G. |
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Note 2 |
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. |
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Note 3 |
Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9. |
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Note 4 |
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. |
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Note 5 |
Except if the firm is an adviser (as referred to in IPRU-INV (3)-60(4)R). |
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Note 6 |
Only required in the case of an adviser (as referred to in IPRU-INV (3)-60(4)R)) that is a sole trader. |
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Note 7 |
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. |
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Note 8 |
Only applicable to firms granted a Part 30 exemption order and operating an arrangement to cover forward profits on the London Metals Exchange. |
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Note 9 |
Only applicable to RAG 3 firms carrying on home financing or home finance administration connected to regulated mortgage contracts, unless as at 26 April 2014 the firm’sPart 4A permission was and remains subject to a restriction preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts. |
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Note 10 |
Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU 6. |
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Note 11 |
Only applicable to a non-SNI MIFIDPRU investment firm. |
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Note 12 |
Only applicable to a parent undertaking to which the group capital test applies. |
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Note 13 |
Only applicable to firms that are collective portfolio management investment firms. |
The applicable reporting frequencies for data items referred to in SUP 16.12.4 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.
89Data item |
Firm other than a MIFIDPRU investment firm |
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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 |
|||
FSA039 |
Half yearly |
Half yearly |
Half yearly |
|
FSA040 |
Quarterly |
Quarterly |
Quarterly |
|
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) |
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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 |
|||
MLA-M |
Quarterly |
Quarterly |
Quarterly |
Quarterly |
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 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) |
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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) |
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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. |
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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. |
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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. |
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Note 4 |
Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9. |
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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. |
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Note 6 |
Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU [6]. |
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Note 7 |
Only applicable to a non-SNI MIFIDPRU investment firm. |
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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 data items, reporting frequencies and submission deadlines 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. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.
Data item (note 1) |
Frequency |
Submission deadline |
|
Balance Sheet |
Sections A.1 and A.2 MLAR |
Quarterly |
|
Income Statement |
Sections B.0 and B.1 MLAR |
Quarterly |
|
Capital Adequacy(notes 4 and 5)70 58 |
Section C MLAR |
Quarterly |
|
Lending - Business flow and rates |
Section D MLAR |
Quarterly |
|
Residential Lending to individuals - New business profile |
Section E MLAR |
Quarterly |
|
Lending - arrears analysis |
Section F MLAR |
Quarterly |
|
Mortgage Administration - Business Profile |
Section G MLAR |
Quarterly |
|
Mortgage Administration - Arrears analysis |
Section H MLAR |
Quarterly |
|
Analysis of loans to customers |
Section A3 MLAR |
Quarterly |
|
Provisions analysis |
Section B2 MLAR |
Quarterly |
|
Fees and Levies |
Section J MLAR |
Annually |
|
Sale and rent back |
Section K MLAR |
Annually |
|
Credit Risk (notes 2 and 4)58 58 |
Section L MLAR |
Quarterly |
|
Liquidity (notes 3 and 4)58 58 |
Section M MLAR |
Quarterly |
|
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 19A. Guidance notes for the completion of the data items are set out in SUP 16 Annex 19B. |
||
Note 2 |
Only applicable to a firm that has one or more exposures that satisfy the conditions set out in MIPRU 4.2A.4 R, and: - has permission to carry on any home financing which is connected to regulated mortgage contracts; or - has permission to carry on home financing and home finance administration which is connected to regulated mortgage contracts (and no other activity); or - has permission to carry on home finance administration which is connected to regulated mortgage contracts and has all or part of the home finance transactions that it administers on its balance sheet. |
||
Note 3 |
Only applicable to a firm that:64 - is80 subject to MIPRU 4.2D; -80 has no restriction to its Part 4A permission preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts; and - has permission to carry on any home financing or home finance administration connected to regulated mortgage contracts. 6464 |
||
Note 4 |
Not applicable if the firm exclusively carries on home finance administration or home finance providing activities in relation to second charge regulated mortgage contracts or legacy CCA mortgage contracts (or both)66. Also not applicable if the firm is a P2P platform operator facilitating home finance transactions.83 |
||
70Note 5 |
Only applicable to a firm that is subject to MIPRU 4.2 (Capital resources requirements). |
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. |
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5Note 7 |
[deleted]89 112424622411 |
||||
69Note 8 |
Only applicable to a firm that is the depositary of a UCITS scheme. |
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 |
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 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 |
||
FSA029 |
(note 1) (note 2) |
||
FSA030 |
(note 1) (note 2) |
||
[deleted] 94 |
[deleted] 94 |
||
FSA033 |
|||
FSA034 |
|||
FSA035 |
|||
FSA039 |
|||
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 items, reporting frequencies and submission deadlines 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. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.
Frequency |
Submission deadline |
|||
Annual regulated business revenue up to and including £5 million |
Annual regulated business revenue over £5 million |
|||
88Home finance mediation activity and insurance distribution activity |
||||
Balance Sheet |
Section A RMAR |
Half yearly |
Quarterly |
|
Income Statement |
Section B RMAR |
Half yearly |
Quarterly |
|
Capital Adequacy (note 3)58 |
Section D1 RMAR |
Half yearly |
Quarterly |
|
Professional indemnity insurance (note 2)11 |
Section E RMAR |
Half yearly |
Quarterly 11 11 |
|
Threshold Conditions |
Section F RMAR |
Half yearly |
Half yearly |
|
Training and Competence |
Section G RMAR |
Half yearly |
Half yearly |
|
COBS11 data |
Section H RMAR |
Half yearly |
Half yearly |
|
Supplementary product sales data |
Section I RMAR |
Half yearly11 11 |
Annually |
|
Client money and client assets (note 3)58 |
Section C RMAR |
Half yearly |
Quarterly |
|
Fees and levies |
Section J RMAR |
Annually |
Annually |
|
88Funeral plan distribution activity |
||||
88Funeral plan financials return: distributors (note 4)] |
FPR003b92 |
Half yearly (note 5) |
||
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 18A. Guidance notes for the completion of the data items is set out in SUP 16 Annex 18B. |
|||
11Note 2 |
This item only applies to firms that may be subject to an FCA80 requirement to hold professional indemnity insurance94. 6889 |
|||
58Note 3 |
This item does not apply to firms who only carry on home finance mediation activities exclusively in relation to second charge regulated mortgage contracts or legacy CCA mortgage contracts (or both)66 and who are not otherwise expected to complete it by virtue of carrying out other regulated activities. This item also does not apply if the firm is a P2P platform operator facilitating home finance transactions and is not required to submit it by virtue of carrying out other regulated activities. 83 |
|||
88Note 4 |
When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 50B92. Guidance notes for the completion of the data item are set out in SUP 16 Annex 50B92. |
|||
88Note 5 |
Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not from a firm’s accounting reference date. The relevant half year periods end on 30 June and 31 December. |
47The applicable data items, reporting frequencies and submission deadlines 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. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.
Description of data item |
Data item (note 1) |
Frequency |
Submission deadline |
|
Annual revenue from credit-related regulated activities up to and including £5 million (note 2) |
Annual revenue from credit-related regulated activities over £5 million |
|||
Financial data (note 3) |
CCR001 |
Annually |
Half yearly |
30 business days |
Volumes (note 4) |
CCR002 |
Annually |
Half yearly |
30 business days |
Lenders (note 5) |
CCR003 |
Annually |
Half yearly |
30 business days |
Debt management (note 6) |
CCR004 |
Annually |
Half yearly |
30 business days |
Client Money & Assets (note 7) |
CCR005 |
Annually |
Half yearly |
30 business days |
Debt collection (note 8) |
CCR006 |
Annually |
Half yearly |
30 business days |
Key data (note 9) |
CCR007 |
Annually |
Annually |
30 business days56 |
56Credit broking websites (note 10) |
60 | 60 | [deleted]73 |
|
Note 1 |
When submitting the required data item, a firm must use the format of the data item set out in SUP 16 Annex 38A50. Guidance notes for the completion of the data items is set out in SUP 16 Annex 38B50. |
|||
Note 2 |
References to revenue in SUP 16.12.29C R in relation to any firm do not include the amount of any repayment of any credit provided by that firm as lender. |
|||
Note 3 |
(a) Subject to (b) to (d) below, this data item applies to all credit firms. (b) This data item does not apply to a firm if the only credit-related regulated activity for which it has permission is operating an electronic system in relation to lending. (c) This data item does not apply to a firm required to submit a Balance Sheet, Income Statement or Capital Adequacy data item from a RAG other than RAG 12. (d) This data item does not apply to a firm with limited permission unless it is a not-for-profit debt advice body and at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months. |
|||
Note 4 |
(a) Subject to (b) below, this data item applies to all credit firms. (b) This data item does not apply to a firm with limited permission unless it is a not-for-profit debt advice body and at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months. |
|||
Note 5 |
This data item applies to all firms with permission for entering into a regulated credit agreement as lender or exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement. |
|||
Note 6 |
(a) Subject to (b) to (d) below, this data item applies to a debt management firm and to a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or, as the case may be, projects that it will hold £1million or more in client money in the next 12 months. (b) This data item does not apply to a firm with limited permission other than a not-for-profit debt advice body within (a). (c) This data item does not apply to a firm required to submit a Capital Adequacy data item from a RAG other than RAG 12, or under SUP 16.13, unless (d) applies (d) Where a firm is required to submit a Capital Adequacy data item from a RAG other than RAG 12 or under SUP 16.13 but the firm's highest capital requirement derives from its activity under RAG 12, the firm should submit both CCR004 and the Capital Adequacy data item required from the RAG other than RAG 12 or SUP 16.13. |
|||
Note 7 |
This data item applies to a CASS debt management firm, unless the firm is subject to a requirement imposed under section 55L of the Act stating that it must not hold client money, or such a requirement to the same effect76. |
|||
Note 8 |
This data item applies to a firm with permission to carry on debt collecting or operating an electronic system in relation to lending. |
|||
Note 980 |
(a) Subject to (b) and (c) below, this data item applies to a firm that has limited permission. (b) This data item does not apply to an authorised professional firm that is a CASS debt management firm. Such a firm is instead required to submit the other data items in SUP 16.12.29C R as appropriate. (c) This data item does not apply to a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or, as the case may be, projects that it will hold £1million or more in client money in the next 12 months. Such a not-for-profit debt advice body is instead required to submit data items CCR001, CCR002, CCR004 and CCR005.56 |
|||
56Note 10 |
[deleted]73 6868 |
|||
60Note 11 |
[deleted]73 |
This table belongs to COLL 8.3.2 R.
1 |
Document status |
|||
A statement that this document is the prospectus of the authorised fund valid as at a particular date which shall be the date of the document. |
||||
2 |
Description of the authorised fund |
|||
Information detailing: |
||||
(1) |
the name of the authorised fund; |
|||
16(1A) |
its FCA product reference number (PRN); |
|||
(2) |
that the authorised fund is either an ICVC, ACS11 or an AUT; |
|||
(3) |
that the scheme is a qualified investor scheme; |
|||
(4) |
where relevant, that the unitholders in an ICVC are not liable for the debts of the authorised fund; |
|||
(5) |
where relevant, the address of the ICVC's head office and the address in the United Kingdom for service on the ICVC of documents required or authorised to be served on it; |
|||
(6) |
the effective date of the authorisation order made by the FCA and, if the duration of the authorised fund is not unlimited, when it will or may terminate; |
|||
(7) |
the base currency for the authorised fund; |
|||
(8) |
where relevant, the maximum and minimum sizes of the ICVC's capital; 11 |
|||
(9) |
the circumstances in which the authorised fund may be wound up under the rules in COLL and a summary of the procedure for, and the rights of unitholders under, such a winding up; and11 11 |
|||
(10)11 |
for an ACS that is a limited partnership scheme, the address of the proposed principal place of business of the limited partnership scheme. |
|||
3 |
Investment objectives and policy |
|||
(1) |
Sufficient information to enable a unitholder to ascertain: |
|||
(a) |
the investment objectives of the authorised fund; |
|||
(b) |
the authorised fund's investment policy for achieving those investment objectives, including: |
|||
(i) |
the general nature of the portfolio and any intended specialisation; |
|||
(ii) |
the policy for the spreading of risk in the scheme property; and |
|||
(iii) |
the policy in relation to the exercise of borrowing powers; |
|||
(c) |
a description of any restrictions in the assets in which investment may be made; and |
|||
(d) |
the extent (if any) to which that investment policy does not envisage remaining fully invested at all times. |
|||
(2) |
For investment in immovables : |
|||
(a) |
the countries or territories of immovables in which the authorised fund may invest; |
|||
(b) |
the policy of the authorised fund manager in relation to insurance of immovables forming part of the scheme property; and |
|||
(c) |
the policy of the authorised fund manager in relation to the granting of options over immovables in the scheme property and the purchase of options on immovables. |
|||
(3) |
If intended, whether the scheme property may consist of units in collective investment schemes ("second schemes") which are managed by or operated by the authorised fund manager or by one of its associates and a statement as: |
|||
(a) |
to the basis of the maximum amount of the charges in respect of transactions in a second scheme; and |
|||
(b) |
the extent to which any such charges will be reimbursed to the scheme. |
|||
(4) |
If intended, whether the scheme may enter into stock lending transactions and, if so, what procedures will operate and what collateral will be required. |
|||
(5) |
Where a scheme is a feeder scheme which (in respect of investment in units in a single collective investment scheme) is dedicated to units in a collective investment scheme, details of the master scheme and the minimum (and, if relevant, maximum) investment that the feeder scheme may make in it;8 |
|||
9 | ||||
4 |
Distributions and accounting dates |
|||
Relevant details of accounting and distribution dates and a description of the procedures: |
||||
(1) |
for determining and applying income (including how any distributable income is paid); and |
|||
(2) |
relating to unclaimed distributions. |
|||
5 |
The characteristics of units in the authorised fund |
|||
Information as to: |
||||
(1) |
the names of the classes of units in issue or available for issue and the rights attached to them in so far as they vary from the rights attached to other classes; |
|||
(2) |
how unitholders may exercise their voting rights and what these are; and |
|||
(3) |
the circumstances where a mandatory redemption, cancellation or conversion of units from one class to another may be required.11 |
|||
115A |
Issue of units in ACSs: eligible investors |
|||
(1) |
A statement that units may not be issued to a person other than to a person : 12 |
|||
(a) |
who 12is a: |
|||
(i) |
||||
(ii) |
||||
(iii) |
||||
(b) |
to whom units in a qualified investor scheme may be promoted under COBS 4.12B.7R23. 1212 |
|||
(2) |
A statement that the authorised contractual scheme manager of an ACS must redeemunits as soon as practicable after becoming aware that those units are vested in anyone (whether as a result of subscription or transfer of units) other than a person meeting the criteria in (1). |
|||
115B |
Transfer of units in ACSs |
|||
(1) |
A statement whether the transfer of units in the ACSscheme is either: |
|||
(a) |
prohibited; or |
|||
(b) |
allowed; |
|||
by the instrument constituting the fund13 and prospectus. 13 |
||||
(2) |
A statement that where transfer of units is allowed by the instrument constituting the fund13 and prospectus in accordance with (1)(b), units may only be transferred in accordance with the conditions specified by FCArules, including that units may not be transferred to a person other than a person : 1312 |
|||
(a) |
who 12is a: |
|||
(i) |
||||
(ii) |
||||
(iii) |
||||
(b) |
to whom units in a qualified investor scheme may be promoted under COBS 4.12B.7R23. 1212 |
|||
(3) |
For a co-ownership scheme which is an umbrella, a statement in accordance with (1)(a) or (1)(b) and, where appropriate, a statement in accordance with (2), must also be made for the sub-funds. Where individual sub-funds have differing policies in relation to transfer of units, separate statements are required. |
|||
6 |
The authorised fund manager |
|||
The following particulars of the authorised fund manager: |
||||
(1) |
its name and the nature of its corporate form; |
|||
(2) |
the country or territory of its incorporation; |
|||
(3) |
the date of its incorporation and if the duration of its corporate status is limited, when that status will or may cease; |
|||
(4) |
if it is a subsidiary, the name of its ultimate holding company and the country or territory in which that holding company is incorporated; |
|||
(5) |
the address of its registered office, its head office, and, if different, the address of its principal place of business in the United Kingdom; |
|||
(6) |
the amount of its issued share capital and how much of it is paid up; |
|||
(7) |
for an ICVC, a summary of the material provisions of the contract between the ICVC and the authorised fund manager which may be relevant to unitholders including provisions (if any) relating to termination, compensation on termination and indemnity; and |
|||
(8) |
for an AUT, the names of the directors of the authorised fund manager.11 11 |
|||
7 |
Directors of an ICVC, other than the ACD |
|||
Other than for the ACD: |
||||
(1) |
||||
(2) |
the manner, amount and calculation of the remuneration of the directors. |
|||
8 |
The depositary |
|||
The following particulars of the depositary: |
||||
(1) |
its name and the nature of its corporate form; |
|||
(2) |
the country or territory of its incorporation; |
|||
(3) |
the address of its registered office and the address of its head office if that is different from the address of its registered office; and |
|||
(4) |
if neither its registered office nor its head office is in the United Kingdom, the address of its principal place of business in the United Kingdom. |
|||
9 |
The investment adviser |
|||
If an investment adviser is retained in connection with the business of the authorised fund, its name and whether or not it is authorised by the FCA. |
||||
10 |
The auditor |
|||
The name of the auditor of the authorised fund. |
||||
11 |
The register of Unitholders |
|||
Details of the address in the United Kingdom where the register of unitholders is kept and can be inspected by unitholders. |
||||
12 |
Payments out of the scheme property |
|||
The payments that may be made out of the scheme property to any person whether by way of remuneration for services, or reimbursement of expense and for each category of remuneration or expense, the following should be specified: |
||||
(1) |
the current rates or amounts of such remuneration; |
|||
(2) |
how the remuneration will be calculated and accrue and when it will be paid; |
|||
(3) |
if notice has been given to unitholders of the authorised fund manager's intention to: |
|||
(a) |
introduce a new category of remuneration for its services; or |
|||
(b) |
increase the basis of any current charge; or |
|||
(c) |
change the basis of the treatment of a payment from the capital property set out in COLL 8.5.13 R (2) (Payments); |
|||
particulars of that introduction or increase and when it will take place; |
||||
(4) |
the types of any other charges and expenses that may be taken out of the scheme property; |
|||
(5) |
if, in accordance with COLL 8.5.13 R (2), all or part of the remuneration or expense are to be treated as a capital charge: |
|||
(a) |
that fact; and |
|||
(b) |
the basis of the charge which may be so treated25; and |
|||
(6) |
where donations are to be made to one or more registered charities for Sharia compliance purposes from the income property of the scheme (in this rule, ‘purification’), in addition to the details required above, the person who advises the authorised fund manager on the required percentage of the income property recognised for purification. |
|||
13 |
Dealing |
|||
Details of: |
||||
(1) |
the dealing days and times in the dealing day on which the authorised fund manager will receive requests for the sale and redemption of units; |
|||
(2) |
the procedures for effecting: |
|||
(a) |
the issue and cancellation of units; |
|||
(b) |
the sale and redemption of units; and |
|||
(c) |
the settlement of transactions; |
|||
(3) |
the steps required to be taken by a unitholder in redeeming units before he can receive the proceeds including any relevant notice periods and the circumstances and periods where a deferral of payment as provided in COLL 8.5.11 R (3) (Sale and redemption) may be applied; |
|||
(4) |
the circumstances in which the redemption of units may be suspended; |
|||
(5) |
the days and times in the day on which recalculation of the price will commence; |
|||
(6) |
details of the minimum number or value of each type of unit in the authorised fund which: |
|||
(a) |
any one person may hold; and |
|||
(b) |
may be the subject of any one transaction of sale or redemption; |
|||
(7) |
the circumstances in which the authorised fund manager may arrange for, and the procedure for, a redemption of units in specie; |
|||
(8) |
the circumstances in which the further issue of units in any particular class may be limited and the procedures relating to this:66 |
|||
(9) |
the circumstances in which direct issue or cancellation of units by the ICVC or the depositary of an AUT or ACS11 (as appropriate) may occur and the relevant procedures for such issues and cancellations; 18 116 |
|||
(10) |
6whether a unitholder may effect transfer of title to units on the authority of an electronic communication and if so the conditions that must be satisfied in order to effect a transfer; and18 6 |
|||
18(11) |
if the authorised fund manager deals as principal in units of the scheme and holds them for that purpose, a statement of its policy for doing so and, where applicable: |
|||
18(a) |
a description of when the authorised fund manager may retain any profits it earns and absorb any losses it incurs for these activities; and |
|||
18(b) |
a statement of non-accountability as referred to in COLL 8.5.14G. |
|||
14 |
Valuation of scheme property |
|||
Details as to: |
||||
(1) |
how frequently and at what times of the day the scheme property will be regularly valued to determine the price at which units in the scheme may be purchased from or redeemed by the authorised fund manager and a description of any circumstance where the scheme property may be specially valued; |
|||
(2) |
in relation to each purpose for which the scheme property must be valued, the basis on which it will be valued; and |
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(3) |
how the price of units of each class will be determined, including a statement that 16a forward price16 basis is to be applied. |
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15 |
Sale and redemption charges |
|||
If the authorised fund manager makes any charges on sale or redemption of units, details of the charging structure and how notice will be provided to unitholders of any increase. |
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15A5 |
Property Authorised Investment Funds |
|||
For a property authorised investment fund, a statement that: |
||||
(1) |
it is a property authorised investment fund; |
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(2) |
no body corporate may seek to obtain or intentionally maintain a holding of more than 10% of the net asset value of the fund; and |
|||
(3) |
in the event that the authorised fund manager reasonably considers that a body corporate holds more than 10% of the net asset value of the fund, the authorised fund manager is entitled to delay any redemption or cancellation of units if the authorised fund manager reasonably considers such action to be: |
|||
(a) |
necessary in order to enable an orderly reduction of the holding to below 10%; and |
|||
(b) |
in the interests of the unitholders as a whole. |
|||
16 |
General information |
|||
Details as to: |
||||
(1) |
when annual and half- yearly reports will be published; and |
|||
(2) |
the address at which copies of the instrument constituting the fund,13 any amending instrument and the most recent annual reports may be inspected and from which copies may be obtained. 13 |
|||
17 |
Information on the umbrella |
|||
In the case of a scheme which is an umbrella, the following information: |
||||
(1) |
that a unitholder may exchange units in one sub-fund for units in another sub-fund and that such an exchange is treated as a redemption and sale; |
|||
(2) |
what charges may be made on exchanging units in one sub-fund for units in other sub-funds; |
|||
(3) |
the policy for allocating between sub-funds any assets of, or costs, charges and expenses payable out of, the scheme property which are not attributable to any particular sub-fund; |
|||
(4) |
in respect of each sub-fund, the currency in which the scheme property allocated to it will be valued and the price of units calculated and payments made, if this currency is not the base currency of the umbrella; 16 |
|||
(5) |
for an ICVC or a co-ownership scheme,11 that:10 10 |
|||
10(a) |
for an ICVC,11 its sub-funds are segregated portfolios of assets and, accordingly, the assets of a sub-fund belong exclusively to that sub-fund and shall not be used to discharge directly or indirectly the liabilities of, or claims against, any other person or body, including the umbrella, or any other sub-fund, and shall not be available for any such purpose; 11 |
|||
11(aa) |
for a co-ownership scheme, the property subject to a sub-fund is beneficially owned by the participants in that sub-fund as tenants in common (or, in Scotland, is the common property of the participants in that sub-fund) and must not be used to discharge any liabilities of, or meet any claims against, any person other than the participants in that sub-fund; and |
|||
10(b) |
for an ICVC or a co-ownership scheme,11 while the provisions of the OEIC Regulations, and section 261P (Segregated liability in relation to umbrella co-ownership schemes) of the Act in the case of co-ownership schemes,11 provide for segregated liability between sub-funds, the concept of segregated liability is relatively new. Accordingly, where claims are brought by local creditors in foreign courts or under foreign law contracts, it is not yet known how those foreign courts will react to regulations 11A and 11B of the OEIC Regulations or, as the case may be, section 261P of the Act; and16 1111 |
|||
16(6) |
||||
18 |
Application of the prospectus contents to an umbrella |
|||
For a scheme which is an umbrella, information required must be stated: |
||||
(1) |
in relation to each sub-fund where the information for any sub-fund differs from that for any other; and |
|||
(2) |
for the umbrella as a whole, but only where the information is relevant to the umbrella as a whole. |
|||
318A |
Investment in overseas4 property through an intermediate holding vehicle3 |
|||
If investment in an overseas4 immovable is to be made through an intermediate holding vehicle or a series of intermediate holding vehicles a statement disclosing the existence of that intermediate holding vehicle or series of intermediate holding vehicles and confirming that the purpose of that intermediate holding vehicle or series of intermediate holding vehicles is to enable the holding of overseas4 immovables by the scheme.3 |
||||
1118B |
Information on authorised contractual schemes |
|||
A statement that: |
||||
(1) |
a unitholder in a co-ownership scheme is not liable to make any further payment after he has paid the price of his units and that no further liability can be imposed on him in respect of the units he holds; |
|||
(2) |
a unitholder in a limited partnership scheme is not liable for the debts or obligations of the limited partnership scheme beyond the amount of the scheme property which is available to the authorised contractual scheme manager to meet such debts or obligations, provided that the unitholder does not take part in the management of the partnership business; |
|||
(3) |
the exercise of rights conferred on limited partners by FCArules does not constitute taking part in the management of the partnership business; and |
|||
(4) |
the scheme property of a co-ownership scheme is beneficially owned by the participants as tenants in common (or, in Scotland, is the common property of the participants). |
|||
2418C |
Sustainability information |
|||
The following information, as applicable:24 |
||||
(1) |
where a sustainability label is used in relation to a scheme, the information set out at ESG 5.3.3R and ESG 5.3.6R, in accordance with ESG 5.3.2R(1); or24 |
|||
(2) |
where a sustainability label is not used in relation to a scheme, but that scheme uses the terms in ESG 4.3.2R(2) under ESG 4.3.2R(1) the information required under ESG 5.3.2R(2). 24 |
|||
19 |
Additional information |
|||
Any other material information which is within the knowledge of the directors11 of an ICVC or the authorised fund manager11 of an AUT or ACS11, or which the directors or authorised fund manager11 would have obtained by the making of reasonable enquiries which investors and their professional advisers would reasonably require, and reasonably expect to find in the prospectus, for the purpose of making an informed judgement about the merits of investing in the authorised fund and the extent and characteristics of the risks accepted by so participating. 111111 |