Related provisions for BIPRU 13.1.1

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BIPRU 12.7.1GRP
BIPRU 12.2 provides that an ILAS BIPRU firm must ensure that its liquidity resources contain an adequate buffer of high quality, unencumbered assets. BIPRU 12.7 describes in more detail the nature of the assets that are eligible for inclusion in that buffer. The rules in this section provide that some types of assets are eligible for use only by a simplified ILAS BIPRU firm.
BIPRU 12.7.2RRP
For the purpose of satisfying BIPRU 12.2.8R, a firm to which this section applies may include in its liquid assets buffer only:11(1) high quality debt securities issued by a government or central bank;(2) securities issued by a designated multilateral development bank;(3) reserves in the form of sight deposits with a central bank of the kind specified in BIPRU 12.7.5R and BIPRU 12.7.6R; and(4) in the case of a simplified ILAS BIPRU firm only, investments in a designated money
BIPRU 12.5.1RRP
This section applies to a standard ILAS BIPRU firm.
BIPRU 12.5.7GRP
The appropriate regulator will review the results of a firm'sILAA, including the results of the stress tests required by BIPRU 12.5.6R, as part of its Supervisory Liquidity Review Process (SLRP). The appropriate regulator's review of the stress test results will assist it assessing the adequacy of a firm's liquidity resources relative to other ILAS BIPRU firms and, consequently, in calibrating the individual liquidity guidance that it gives to that firm. BIPRU 12.9.2G sets out
BIPRU 12.5.38RRP
[deleted]1
The reporting requirements of capital adequacy for a collective portfolio management firm and a collective portfolio management investment firm are set out in SUP 16.12 (Integrated regulatory reporting). In summary, the relevant capital adequacy forms for its business of managing an AIF or managing a UK UCITS1 are as follows: (1) a collective portfolio management firm is required to submit FIN066 (and FSA042 if it is a UCITS firm); and2(2) a collective portfolio
BIPRU 14.1.1RRP
1BIPRU 14 applies to a BIPRU firm.
BIPRU 5.1.1RRP
1BIPRU 5 applies to a BIPRU firm.
BIPRU 11.1.1RRP
1BIPRU 11 applies to a BIPRU firm.
SYSC 12.1.1RRP
1Subject to SYSC 12.1.2 R to SYSC 12.1.4 R, this section applies to each of the following which is a member of a group:(1) a firm that falls into any one or more of the following categories:(a) an investment firm that is not a designated investment firm18;15(b) [deleted]88(c) an insurer;(ca) a UK ISPV;16(d) [deleted]18(e) a UK parent entity of an investment firm group that is subject to prudential consolidation under MIFIDPRU 2.5 or to the group capital test under MIFIDPRU 2.6;
SYSC 12.1.15ARRP
[deleted]1811
BIPRU 12.8.23GRP
[deleted]2
FEES 3.2.7RRP

Table of application, notification, vetting and other fees payable to the FCA32

31

Part 1A: Application, notification and vetting fees66

31

31(1) Fee payer

(2) Fee payable (£)37 by reference to the pricing category in FEES 3 Annex 1AR.66

Due date

(a) Any applicant for Part 4A permission (including an incoming firm applying for top-up permission) whose fee is not payable pursuant to sub- paragraph (zza)52 of this table

26

(1) Unless (2) or (3)66 applies, in1 respect of a particular application, the highest of the tariffs set out in FEES 3 Annex 1AR66 which apply to that application.

66(2) 50% of the tariff payable under (1) is payable when either (a) or (b) apply:

66(a) the application is one referred to in paragraph p; or

66(b) the application is a limited permission case under FEES 3 Annex 1.

(3) If the applicant applies for registration under article 8(1) of the MCD Order at the same time as applying for a Part 4A permission66, the fee payable is the higher of: 75

(i) the fee 66payable in (1) or (2); and 75

(ii) the fee payable in FEES 3 Annex 10AR. 75

(4) [deleted]66

1417513434343434343441

On or before the application is made

(aa) A person who makes an application under section 24A of the Consumer Credit Act 1974 which meets the conditions of article 31 (Applications for a standard licence where no determination made before 1 April 2014) of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013 (the “relevant application”)30

As (a) above less any amount paid to the Office of Fair Trading in relation to the relevant application.

Within 30 days of the date of the invoice.

(b) [deleted]56

4

(c) [deleted]66

(d) [deleted]66

27
2727

(da) Persons making an application or notification in relation to applications set out in FEES 3 Annex 2R:

66(i) authorisation order for or recognition under section 272 of the Act of a collective investment scheme;

66(ii) application for the authorisation of an AIF as an LTIF;

68

66(v) an AIFM notifying the FCA of its intention to market an AIF in the UK under regulation 58 or 59 of the AIFMD UK regulation; and68

66(vi) an applicant for registration on the register of small registered UK AIFM.

58366666

Category applicable to the application or notification set out in FEES 3 Annex 2R66

36

On or before the date the application or notification66 is made

36

(e) Any applicant making an application set out in FEES 3 Annex 14R - Other FCA application fees:66

66(i) Any person seeking an order under section 326(1) of the Act to become a designated professional body;

66(ii) applicant to be added to the list of designated investment exchanges;

66(iii) any applicant for recognition as an accredited body;

66(iv) any applicant for registration under regulation 14 of the Risk Transformation Regulations as a protected cell company;

66(v) an application for recognition of an administrator in accordance with article 32 of the benchmarks regulation;

66(vi) an application for endorsement of a benchmark or family of benchmarks in accordance with article 33 of the benchmarks regulation;

66(vii) an application for authorisation under regulation 7 of the DRS Regulations, or the operator of a trading venue seeking verification of their compliance with Title V of MiFID under regulation 8 of the DRS Regulations;

66(viii) an application for variation of an authorisation under regulation 12 of the DRS Regulations;

66(ix) an application for connection to the market data processor system to provide reports directly to the FCA under MiFIR;

66(x) an application to connect to the market data processor system to provide markets data (other than transaction reports) under MAR 10;

66(xi) an application for authorisation as a third party verifier;

(xii) an application for, to vary or cancel an approver permission70.

272727

Pricing category applicable to the application set out in FEES 3 Annex 14R66

2727

As specified in FEES 3 Annex 14R66

28

28(ea) [deleted]66

5656

(eb) [deleted]66

28

(f) Persons making an application referred to in FEES 3 Annex 15R – Transaction fees:66

66(i) any applicant for a certificate under article 54 of the Regulated Activities Order;

66(ii) a transferor in the case of an insurance business transfer scheme;

66(iii) an issuer applying for registration of a regulated covered bond;

66(iv) an issuer who proposes to make a material change to the contractual terms of a regulated covered bond under RCB 3.5.4D;

66(v) an applicant for FCA permission for:

66i. an agreement to be enforced under section 28A(3)(a) of the Act; or

66ii. money paid or property transferred under the agreement to be retained under section 28A(3)(b) of the Act.

(vi) 67Applications in respect of controlled functions under the Senior Managers and Certification Regime (SMCR), including applications by principal firms in respect of SMCR functions in appointed representatives.

Pricing category applicable to the application or notification set out in FEES 3 Annex 15R.66

As specified in FEES 3 Annex 15R66

(g) Any applicant for recognition as a UK recognised body:62

(i) under section 287 of the Act; or62

(ii) under regulation 2(1) of the RAP regulations6256

17731717

FEES 3 Annex 3, part 1

On or before the date the application is made26

(ga) [deleted]52

26353535

(h) Any applicant for recognition as an ROIE73 under section 287 or section 292 of the Act

7373

FEES 3 Annex 3, part 2

On or before the date the application is made

(i) [deleted]35

35
35 35

(j) [deleted]38

38

38

(k) [deleted]35

35
35 35

(l) [deleted]38

38

72

38

(m) [deleted]38

38

72

38

(n) [deleted]66

(o) [deleted]65

112229529732929556732929295557329295732929297329295

[deleted]65

5255512515555157357355256

[deleted]65

273292973292973229

(oa) [deleted]65

2937373737585637373737583737

[deleted]65

37

[deleted]65

37373737

(p) A firm applying for a variation of its Part 4A permission, as referred to in FEES 3 Annex 16R66, whose fee is not payable pursuant to sub- paragraphs 64(zza)52 or (zzh) 64 of this table

26

(1) As specified in FEES 3 Annex 1R-FEES 3 Annex 14R66

(2) Subject to (3) below, if the new business of the firm would fall within more than one pricing category in FEES 3 Annex 1AR, the fee payable is that in the highest pricing category applicable to the application.66

(2A) [deleted]66

(3) [deleted]66

(3A) [deleted]66

(3B) [deleted]66

(3C) If the applicant applies for registration under article 8(1) of the MCD Order at the same time as it applies for a variation of its Part 4A permission, the fee payable is the highest of:66

66(i) the fees set out in FEES 3 Annex 10AR;

(ii) the amount payable in accordance with FEES 3 Annex 16R;

(3D) [deleted]66

(4) [deleted]66

[deleted]66

3075444130757511173733773377575371137373030233737373730373737303711113737303730754111731444444

On or before the date the application is made

30(pa) A person who makes an application under section 30(1) of the Consumer Credit Act 1974 which meets the conditions of article 33 (Variations at request of licensee where no determination made before 1 April 2014) of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013 (the “relevant variation application”)

As (a) or 31(p) above, less any amount paid to the Office of Fair Trading in relation to the relevant variation application.

Within 30 days of the date of the invoice.

2(q) [deleted]38

77137413747722227

38

38

333

2(r) [deleted]46

66 566

(s) [deleted]66

5
7272375937597272377237 37

6(t) [deleted]46

20

(u) [deleted]34

34
34 34

(v) [deleted]38

2222

38

38

[deleted]35

35
35 35

(x)[deleted]38

38

388

(y) A person who makes an application or notification to the FCA under the Payment Services Regulations, including an application for variation of authorisation or registration.66

8

The fee payable is that in the highest pricing category applicable to the application or notification as set out in FEES 3 Annex 8R66.

47

On or before the date the application is made.

(ya) [deleted]66

47
47 47

(z) [deleted]66

47

(za) [deleted]66

47

(zb) [deleted]66

47
5050475050475047474747475050

(zc) [deleted]66

47
474747474747

(zd)

47
47

[deleted]47

(ze) Any person to which the Special Project Fee for restructuring applies under FEES 3 Annex 9.12

12

Special Project Fee for restructuring in accordance with FEES 3 Annex 9 .

30 days of the date of the invoice.9

(zf) [deleted]73

73
73 91673

(zg) A person who makes an application or notification to the FCA under the Electronic Money Regulations, including an application for variation of authorisation or registration66.

16

The fee payable is that in the highest pricing category applicable to the application or notification as set out in FEES 3 Annex 10R.66

On or before the date the application is made.

(zh) [deleted]66

16

(zi) [deleted]66

1614

(zj) [deleted]66

16
5050

(zk) [deleted]66

16

(zl) [deleted]66

15
18

(zm) [deleted]66

18
4141

(zn) [deleted]66

18
4141 21

21(zo) In the case of persons in respect of which the FCA has given notice of its intention to take, or appoint a competent person to take, any steps under CONRED 2.5.12R or 4.5.1R69, either:

(i) a Firm (as defined in CONRED 2.1.1R(1)) or 4.1.3R69; or

(ii) a person falling within CONRED 2.1.2R(1) or 4.1.5R69.

An amount equal to:

(1) a sum determined by the number of hours, or part of an hour, taken by the FCA in relation to work conducted in taking steps under CONRED 2.5.12R or 4.5.1R69 recorded on the FCA's systems, multiplied by the rate in FEES 3 Annex 9 (11)R; or

(2) any amount invoiced to the FCA by a competent person in relation to any work carried out by that competent person in connection with its appointment by the FCA under CONRED 2.5.12R or 4.5.1R69.

Within 30 days of the date of the invoice.

73(zp) A person in respect of which the FCA37 has given notice of its intention to itself appoint a skilled person to provide it with a report pursuant to section 166(3)(b) of the Act and SUP 5.2.

37

Any amount invoiced to the FCA37 by a skilled person in relation to any work carried out by that skilled person in connection with its appointment by the FCA37 pursuant to section 166(3)(b) of the Act.

37

Within 30 days of the date of the invoice.

73(zq) A person in respect of which the FCA37 has given notice of its intention to itself appoint a skilled person to collect or update information pursuant to section 166A(2)(b) of the Act.

37

Any amount invoiced to the FCA37 by a skilled person in relation to any work carried out by that skilled person in connection with its appointment by the FCA 37 pursuant to section 166A(2)(b) of the Act.

3737

Within 30 days of the date of the invoice.33

33(zr) [deleted]38

38

38

(zs) [deleted]66

3031
31303131

(zt) An applicant for registration in the Financial Services Register under article 8(1) of the MCD Order. 75

Unless (1), or (2) applies, the fee as set out in FEES 3 Annex 10A. 75

(1) If the applicant is applying for a Part 4A permission at the same time as it applies for registration under article 8(1) of the MCD Order, the fee payable in row (a), column (2) paragraph (3) of this Table. 75

(2) If the applicant is applying for a variation of a Part 4A permission at the same time as it applies for registration under article 8(1) of the MCD Order, the fee payable in row (p), column 2 paragraph (3)(c) of this Table. 75

On or before the application is made.75

(zu)40 Any person to which the Designated Credit Reference Agencies and Finance Platform42 Fee applies under FEES 3 Annex 10B.

39

Designated Credit Reference Agencies and Finance Platform42 Fee in accordance with FEES 3 Annex 10B.

Within 30 days of the date of the invoice.

43(zv) Any firm that meets the test in FEES 3 Annex 10C(1)R(1) (PPI campaign fees).

The amount set out in FEES 3 Annex 10C(1) R(2).

Within 30 days of the date of the invoice.

(zw) [deleted]66

4563634963

(zx) [deleted]66

46
63

(zy) [deleted]66

464956

56

63

(zz) [deleted]66

51

52(zza) An application for authorisation as a regulated benchmark administrator.

The highest of the applicable tariffs set out in FEES 3 Annex 1AR.66

Where an applicant intends to administer benchmarks falling into different complexity groupings, it will pay one fee only, for the highest category applied for. If, once authorised, a regulated benchmark administrator notifies the FCA of its intention to administer other/additional benchmarks no further application fee is payable (even if the other/additional benchmark falls into a higher complexity category).

On the date the application is made.

(zzb) [deleted]66

52

(zzc) [deleted]66

52

54(zzd) applications for claims management companies

The fee applicable to the application as set out in paragraph CMC of Part 2 of FEES 3 Annex 1R.66

Firms which already have Part 4A permissions and are applying to vary their permissions will pay 50% of66 the relevant fee.

On the date the application is made.

(zze) [deleted]66

55

61(zzf) UK-based applicants for registration as a trade repository; a securitisation repository, or a third country applicant seeking recognition as a trade repository.

5,000

Applicants for registration as a trade repository who already hold registration as a securitisation repository, or vice versa, will receive a 50% discount on the relevant application fee.

Applicants for registration as a trade repository to carry on activity for the purposes of UK SFTR who already hold registration as a trade repository under EMIR or vice versa, will receive a 50% discount on the relevant application fee.

On the date the application is made.

61(zzg) UK-based applicants for registration as a credit rating agency or a third country applicant seeking certification as a credit rating agency.

The fee set out in FEES 3 Annex 13R.

On the date the application is made.

64(zzh) Permission for

(1) carrying on funeral plan distribution;

(2) carrying out a funeral plan contract as provider; or

(3) carrying out a funeral plan contract as provider and entering as provider into a funeral plan contract.

(1) The highest of the tariffs set out in FEES 3 Annex 1R part 3A which apply to that application, subject to (2) and (3) below.

(2) Unless (3) below applies, where an applicant was carrying out any of the activities referred to in (zzh)(1)-(3) on 1 September 2021, and makes an application for permission for any of those activities after 1 November 2021, the application fees shall be:

(a) £3,500 for (zzh)(1) or zzh(2);

(b) £14,000 for (zzh)(3).

(3) If an applicant which already has any of the permissions referred to in (zzh) applies to vary its permission, the application fees shall be:

(a) £500 for (zzh)(1);

(b) £1,250 for (zzh)(2); and

(c) £5,000 for (zzh)(3).

On or before the application is made.

32Part 2: UKLA38 fees

(1) Fee payer

(2) Fee payable

(3) Due date

(a)

(i) An issuer which has not made public its annual financial report before the latest time specified in DTR 4.1.3 R.

(ii) An issuer which has not made public its half-yearly financial report before the latest time specified in DTR 4.2.2 R (2).

FEES 3 Annex 12R38

Within 30 days of the date of the invoice.

38(b) An applicant for approval as a sponsor.

FEES 3 Annex 12R

On or before the date the application is made.

38(c) For the purposes of48 the listing rules:48

(i)48 an issuer requesting approval of a document arising in relation to a specific event or transaction, which is not a significant transaction or a super transaction; or48

48(ii) an issuer or person applying for eligibility for listing of its securities.

FEES 3 Annex 12R

On or before the date that relevant document is first submitted to the FCA.

38(d) Under the Prospectus Rules or the Prospectus Regulation60, an issuer or a person requesting approval or review of a document arising in relation to a specific event or transaction, which is not a significant transaction or a super transaction.

FEES 3 Annex 12R

On or before the date that relevant document is first submitted to the FCA.

38(e) An issuer requesting the approval or review of a document in connection with a super transaction.

FEES 3 Annex 12R

On or before the date that relevant document is first submitted to the FCA.

38(f) An issuer requesting the approval or review of a document in connection with a significant transaction.

FEES 3 Annex 12R

On or before the date that relevant document is first submitted to the FCA.

38(g) A person who requests the FCA’s approval of a document that includes a mineral expert’s report and who is a fee payer under one or more of the categories (c), (d), (e), and (f) above must additionally pay a fee under this category.

FEES 3 Annex 12R

On or before the date that relevant document is first submitted to the FCA.

38(h) An applicant for approval as a primary information provider.

FEES 3 Annex 12R

On or before the date the application is made.

[Note:Guidance on how a firm liable to pay a fee under both rows (s) and (ze) of this table for the same transaction should expect to be treated is set out in FEES 3 Annex 11 G.]19

BIPRU 2.2.1GRP
BIPRU 2.2 applies to a BIPRU firm.
BIPRU 2.2.2GRP
(1) BIPRU 2.2 sets out guidance on GENPRU 1.2 (Adequacy of financial resources) so far as it applies to a BIPRU firm. In particular it sets out guidance on how a firm should carry out its ICAAP, as well as some factors the appropriate regulator will take into consideration when undertaking a SREP. The terms ICAAP and SREP are explained in BIPRU 2.2.4 G. BIPRU 2.2.41 R-BIPRU 2.2.43 R are rules that apply to a firm with an IRB permission.(2) BIPRU 2.2 is for the most part written
SYSC 4.1.1CRRP
[deleted]2815
SYSC 4.1.2AARRP
[deleted]28
BIPRU 2.3.1RRP
This section of the Handbook applies to a BIPRU firm.
2This sourcebook does not apply to a MIFIDPRU investment firm (unless it is a collective portfolio management investment firm).
BIPRU 3.2.26RRP
A firm must not apply the treatment in BIPRU 3.2.25 R to exposures giving rise to liabilities in the form of any of the following items:(1) in the case of a BIPRU firm, any tier one capital or tier two capital; and(2) in the case of any other undertaking, any item that would be tier one capital or tier two capital if the undertaking were a BIPRU firm.[Note: BCD Article 80(7), part]
A small authorised UK AIFM that is not also a UCITS management company is not a collective portfolio management firm or a collective portfolio management investment firm and is therefore not subject to IPRU-INV 11. This type of firm is subject to IPRU-INV 5 if it is an investment management firm or MIFIDPRU if it is a MIFIDPRU investment firm3.
BIPRU 4.1.1RRP
1BIPRU 4 applies to a3BIPRUfirm with an IRB permission.
SYSC 1.4.2RRP
A contravention of a rule in SYSC 11 to 2SYSC 14, SYSC 18 to10SYSC 21,7SYSC 22.8.1R, SYSC 22.9.1R or SYSC 23 to 9SYSC 28A12 does not give rise to a right of action by a private person under section 138D of the Act (and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action). 344378