Related provisions for FEES 1.1.2A

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FEES 9.2.1RRP
A direct payment service provider, acquirer,4card issuer2 or operator of an IFR card payment system4 must pay the PSR fees applicable to it and calculated as set out2 in FEES 9 Annex 1 R:1(1) in full and without deduction; and(2) in accordance with this chapter, subject to:42(a) FEES 9.2.1AR;4(b) FEES 9.2.1CR;4(c) FEES 9.2.1DR; and4(d) FEES 9.2.1FR.4
FEES 9.2.1ARRP
2If either of the following tests is met by an acquirer or card issuer in a card payment system3 in any given fee year, the transaction volumes attributable to that acquirer or card issuer are not to3 be included in the payment system denominator for that card payment system for that fee year, and that acquirer or card issuer is not required to pay any PSR fee in respect of the payment system allocation to that card payment system4 for that fee year where:3(1) the PSR fee for
FEES 9.2.1BRRP
(1) 3If a payment service provider (A) acquires all or part of the business of another payment service provider which includes transaction volumes (B), whether by merger, acquisition or transfer, during the course of a fee year, the liability for paying the PSR fee in the following fee year in relation to B shall rest with A. (2) FEES 9.2.1BR(1)4 also applies when the business acquired, transferred or merged is not a legal entity but is an unincorporated business, or is in the
FEES 9.2.1CRRP
(1) 4If an acquirer or card issuer meets either of the following tests in an IFR card payment system in any given fee year, the transaction volumes attributable to that acquirer or card issuer are not to be included in the payment system denominator for that IFR card payment system for that fee year, and that acquirer or card issuer is not required to pay any PSR fee in respect of the payment system allocation to that IFR card payment system for that fee year where:(a) the PSR
FEES 9.2.1DRRP
4If there is a payment system allocation for a given fee year to an IFR card payment system (as set out in Table C of FEES 9 Annex 1R), and none of the acquirers and card issuers in that IFR card system is required to pay any PSR fee for that fee year as a result of the application of FEES 9.2.1CR(1), then the operator of that IFR card payment system must pay the entire payment system allocation for that IFR card payment system as PSR fees for that fee year.
FEES 9.2.1ERRP
4If:(1) there is a payment system allocation for a given fee year to a card payment system or to an IFR card payment system (in either Table A or Table C of FEES 9 Annex 1R respectively); and(2) the operator of that payment system is acting as an acquirer, as a card issuer or as both an acquirer and card issuer in that card payment system or IFR card system;that operator must pay the entire payment system allocation for that card payment system or IFR card payment system as PSR
FEES 9.2.1FRRP
4Where FEES 9.2.1ER applies, no other acquirers or card issuers are required to pay any PSR fee for that card payment system or IFR card system in accordance with FEES 9.2.1R.
FEES 9.2.2RRP
If the PSR fee paid by a direct payment service provider2 for the previous fee year for a particular regulated payment system2 or IFR card payment system4 was at least £20,0002, that direct payment service provider2 must pay to the operator of that particular regulated payment system or IFR card payment system4: 3(1) an amount equal to 50% of the PSR fee payable for the previous fee year, by 152 March at the end of the previous3fee year; and(2) the balance of the PSR fee due by
FEES 9.2.2BRRP
4If an operator of an IFR card payment system or card payment system is liable to pay PSR fees itself under FEES 9.2.1DR or FEES 9.2.1ER, and the PSR fee it paid for the previous fee year for its IFR card payment system or card payment system was at least £20,000, that operator must pay to the FCA:(1) an amount equal to 50% of the PSR fee payable for the previous fee year, by 15 March at the end of the previous fee year; and(2) the balance of the PSR fee due by 15 September in
FEES 9.2.3RRP
If the PSR fee paid by a direct payment service provider for a particular regulated payment system2 or IFR card payment system4 for the previous fee year was less than £20,0002, the direct payment service provider2 must pay its PSR fee in full to the operator of that regulated payment system or IFR card payment system4: 3(1) by 152 September4 in the current fee year; or(2) if later, within 30 days of the date of the invoice2.2
FEES 9.2.3BRRP
4If an operator of an IFR card payment system or card payment system is liable to pay PSR fees itself under FEES 9.2.1DR or FEES 9.2.1ER, and the PSR fee it paid for the previous fee year for its IFR card payment system or card payment system was less than £20,000, that operator must pay its PSR fee in full to the FCA:(1) by 15 September in the current fee year; or(2) if later, within 30 days of the date of the invoice.
FEES 9.2.4GRP
A direct payment service provider2 should pay its fees by electronic credit transfer and should notify the operator to whom it is paying the relevant PSR fee2 if it intends to pay in another way.
FEES 9.2.4ARRP
2A direct payment service provider must pay its PSR fees to the operator (acting as collection agent for the FCA) of the regulated payment system or IFR card payment system4 to which the fee relates.
FEES 9.2.4DRRP
(1) 2The operator of a regulated payment system or IFR card payment system4 must provide to the PSR, for each of its direct payment service providers (and for itself, where it is an operator acting as an acquirer or card issuer)4, a copy of:(a) its calculations (as specified in column 3 of Tables A and C4 of FEES 9 Annex 1R); and (b) the underlying data (as specified in column 5 of Tables A and C4 of FEES 9 Annex 1 R).(2) The operator of a regulated payment system or IFR card
FEES 9.2.5GRP
The FCA will not relieve or refund a PSR fee if after the start of that fee year:42(1) 4a payment system ceases to be a regulated payment system; or4(2) 4an IFR card payment system ceases to be subject to the IFR;4 or(3) 4a person4 ceases to be a direct payment service provider of a regulated payment system or an IFR card payment system4.
FEES 9.2.6RRP
If a payment system ceases to be a regulated payment system, or an IFR card payment system ceases to be subject to the IFR4, all direct payment service providers of that system, and the operator of that IFR card payment system,4 must pay any outstanding PSR fees before the system ceases to hold that status.22
FEES 9.2.6ARRP
If a person4 ceases to be:42(1) 4a direct payment service provider of a regulated payment system or of an IFR card payment system4, it must pay any outstanding PSR fees in respect of that system, before it ceases to be a direct payment system provider of the system; or4(2) 4the operator of a IFR card payment system, it must pay any outstanding PSR fees in respect of that system before it ceases to be the operator of that IFR card payment system4.
FEES 9.2.7RRP
If a direct payment service provider2 or an operator of an IFR card payment system4 does not pay the total amount of its PSR fees before the end of the date on which it is due, it must pay to the FCA2: (1) an administrative fee of £250; plus(2) interest on any unpaid part of the fee at an annual rate of 5% above the Official Bank Rate from time to time in force, accruing daily from the date on which the amount concerned became due.
FEES 9.2.10GRP
The FCA will not consider a claim to refund a PSR fee due to a mistake of fact or law by the fee paying direct payment service provider2 or operator of an IFR card payment system4 if the claim is made more than two years after the beginning of the fee year to which the fee relates.
FEES 9.2.11RRP
PSR fees payable are stated net of VAT. Where VAT is applicable this must also be included.
SUP 16.22.1GRP
1This section applies to a payment service provider located in the UK other than:(1) a credit union;(2) National Savings and Investment; and(3) the Bank of England.[Note: see SUP 16.1.1ED]
SUP 16.22.2GRP
The purpose of this section is to give directions to payment service providers under regulation 29 (Reporting requirements) of the Payment Accounts Regulations about:(1) the information concerning their compliance with the requirements imposed on them under Part 3 (Switching) and Part 4 (Access to payment accounts) of the Payment Accounts Regulations; and (2) the time at which and the form in which they must provide that information.
SUP 16.22.3DRP
A payment service provider that offers a payment account within the meaning of the Payment Accounts Regulations must submit a duly completed report (referred to in this section as a “payment accounts report”) to the FCA.
SUP 16.22.4RRP
A payment service provider to which SUP 16.22.3D applies and which is a credit institution is required to complete every row in the payment accounts report, including rows 4 and 5, in accordance with SUP 16.22.5D to SUP 16.22.10R, even if it has not been designated under regulation 21 of the Payment Accounts Regulations.
SUP 16.22.9DRP
SUP 16.3.11R (Complete reporting) and SUP 16.3.13R (Timely reporting) apply to the submission of payment accounts reports under this section as if a reference to firm in those rules were a reference to payment service provider.
SUP 16.22.10RRP
SUP 16.3.14R (Failure to submit reports) applies to the submission of payment accounts reports under this section as if a reference to firm in that rule were a reference to payment service provider.
FEES 9.1.1RRP
1This chapter applies to:4(1) operators of regulated payment systems;4(2) operators of IFR card payment systems; and4(3) direct payment service providers.422
FEES 9.1.2GRP
This chapter sets out the fee payable by a direct payment service provider2 or an operator of an IFR card payment system4 to establish and fund the PSR.
FEES 9.1.4GRP
(1) Paragraph 9 of Schedule 4 of FSBRA and the 2015 Interchange Regulations applying FSBRA in a modified form allow3 the FCA to make rules requiring participants2 in regulated payment systems to pay the FCA specified amounts or amounts calculated in a specified way to:(a) meet the relevant costs referred to in (2) below; and (b) enable the PSR to maintain adequate reserves.(1A) The specified amount or amounts calculated in a specific way in (1) are PSR fees which are levied for
CONC 7.6.2GRP
A firm should not:(1) request a payment service provider to make a payment from the customer's payment account1 unless:(a) (i) the amount of the payment (or the basis on which payments may be taken) is specified in or permitted by the credit agreement or P2P agreement; and(ii) the amount of the payment (or the basis on which payments may be taken) was referred to in the adequate explanation required by CONC 4.6.2 R; or(b) the firm has complied in relation to such a request with
CONC 7.6.5GRP
A firm is likely to contravene CONC 7.6.3 R if it:(1) requests a payment service provider to make a payment from the customer's payment account1 before income or other funds may reasonably be expected to reach the account; for example, this is likely to be relevant where a firm is aware of the customer's salary payment date; or(2) requests a payment service provider to make a payment from the customer's payment account1 where it has reason to believe that there are insufficient
CONC 7.6.6GRP
Where permissible, a firm should only make a reasonable number of payment requests to a payment service provider to collect a part payment (a sum due which is less than the full sum due at the time the firm's payment request is made) from the customer's payment account1, having regard to the possibility that the customer may be in financial difficulties.[Note: paragraph 3.9mii (box) of DCG]
CONC 7.6.12RRP
(1) Subject to (3) to (5), a firm must not request a payment service provider to make a payment, under a continuous payment authority, to collect (in whole or in part) a sum due for high-cost short-term credit if it has done so in connection with the same agreement for high-cost short-term credit on two previous occasions and those previous payment requests have been refused.(2) For the purposes of (1) and (3):(a) if high-cost short-term credit has been refinanced, except in exercise
CONC 7.6.14RRP
(1) Subject to (2), a firm must not request a payment service provider to make a payment under a continuous payment authority to collect a sum due for high-cost short-term credit if that sum is less than the full sum due at the time the request is made.(2) Where a firm:(a) following contact with a customer, refinances the agreement in accordance with CONC 6.7.17 R to CONC 6.7.23 R by granting an indulgence which allows for one or more repayment of a reduced amount under a repayment
SUP 16.1.1ADRP
22The directions and guidance in SUP 16.13 apply to an authorised payment institution and a small payment institution.
SUP 16.1.1EDRP
39The rules, directions and guidance in SUP 16.22 apply to a payment service provider located in the UK other than: (1) a credit union;(2) National Savings and Investments; and(3) the Bank of England.
SUP 16.1.2GRP
35The only categories of firm to which no section of this chapter applies are:(1) an ICVC; (2) an incoming EEA firm or incoming Treaty firm, unless it is:(a) a firm of a type listed in SUP 16.1.3 R as a type of firm to which SUP 16.6, SUP 16.7A,335SUP 16.9,23SUP 16.12, or SUP 16.142325 applies; or2617(b) an insurer with permission to effect or carry out life policies; carry out life policies; or39(c) a firm with permission to establish, operate or wind up a personal pension scheme
SUP 16.1.3RRP
Application of different sections of SUP 16 (excluding SUP 16.1352SUP 16.16,39 SUP 16.17 and SUP 16.2239)27(1) Section(s)(2) Categories of firm to which section applies(3) Applicable rules and guidanceSUP 16.1,SUP 16.2andSUP 16.3All categories of firm except:Entire sections(a)an ICVC;(b)an incoming EEA firm or incoming Treaty firm, which is not:(i)a firm of a type to which SUP 16.6 or 20SUP 16.1220 applies; or(ii)an insurer with permission to effect or carry outlife policies;
DISP 1.1.2GRP
Details of how this chapter applies to each type of respondent are set out below. For this purpose, respondents include:(1) persons carrying on regulated activities (firms),1332 providing payment services (payment service providers)8 providing electronic money issuance services (electronic money issuers)201332carrying on CBTL business (CBTL firms), 22providing credit information under the Small and Medium Sized Business (Credit Information) Regulations (designated credit reference
DISP 1.1.10ARRP
8This chapter (except the complaints record rule,9 the complaints reporting rules and the complaints data publication rules9) applies to payment service providers in respect of complaints from eligible complainants concerning activities carried on from an establishment maintained by it or its agent in the United Kingdom.9
DISP 1.1.10BGRP
(1) 8In this sourcebook, the term payment service provider does not include full credit institutions (which are covered by this sourcebook as firms), but it does include small electronic money institutions.133213321332(2) 8Although payment service providers are not required to comply with the complaints record rule, it is in their interest to retain records of complaints so that these can be used to assist the Financial Ombudsman Service should this be necessary.
DISP 1.1.12RRP
(1) A firm, payment service provider20, electronic money issuer, 22designated credit reference agency20 or designated finance platform22 falling within the Compulsory Jurisdiction which does not conduct business with eligible complainants and has no reasonable likelihood of doing so, can, by written notification to the FCA , claim exemption from the rules relating to the funding of the Financial Ombudsman Service, and from the remainder of this chapter.133281332(2) Notwithstanding
FEES 3.1.1ARRP
fee-paying payment service provider18, a CBTL firm,10 a fee-paying electronic money issuer, a designated finance platform11 and a designated credit reference agency10.6186
FEES 3.1.2GRP
This chapter does not apply to:66(1) an EEA firm that wishes to exercise an EEA right; or6(2) an EEA authorised payment institution; or6(3) an EEA authorised electronic money institution.6
FEES 3.1.6AGRP
4Application fees for authorisation or registration under the Payment Services Regulations are set out in FEES 3 Annex 8R . The fee depends on the type of payment services a firm wishes to provide and whether it will be a small payment institution or an authorised payment institution. The fee may also depend on the number of agents it has.
FEES 4.3.3RRP
The periodic fee referred to in FEES 4.3.1 R is (except in relation to the Society,10fee-paying payment service providers and fee-paying electronic money issuers)107 calculated as follows:(1) identify each of the tariffs set out in Part 1 of FEES 4 Annex 2AR1723 which apply to the business of the firm for the period specified in that annex;23(2) for each of the applicable23 tariffs, calculate the sum payable in relation to the business of the firm for that period;239(3) add together
FEES 4.3.3ARRP
7The periodic fee referred to in FEES 4.3.1 R in relation to fee-paying payment service providers, CBTL firms16 and fee-paying electronic money issuers10 is calculated in accordance with FEES 4 Annex 11 R.24
FEES 4.3.4GRP
(1) A firm which becomes authorised or registered 7during the course of a fee year22 will be required to pay a proportion of the periodic fee which reflects the proportion of the year for which it will have a permission or the right to provide particular payment services or the right to issue electronic money107- see FEES 4.2.5 G and FEES 4.2.6 R.22(2) Similarly a firm which extends its permission or its right to provide particular payment services7so that its business then falls
FEES 4.3.6RRP
(1) [deleted]17232312112323111123(1A) [deleted] 1723(1B) [deleted] 1723(1C) 17If a person meets either of the conditions in (1D) it must pay the FCA the fee in (1E).(1D) 17A person meets the conditions referred to in (1C) if:(a) its periodic fee for the previous fee year was at least £50,000 and it is:(i) an FCA-authorised person; or(ii) a designated professional body; or(iii) a recognised investment exchange; or(iv) a regulated covered bondissuer; or(b) it is a PRA-authorised
EG 19.14.3RP
1The Money Laundering Regulations add to the range of options available to the FCA for dealing with anti-money laundering failures. These options are: • to prosecute both authorised firms and Annex I financial institutions;to take regulatory action against authorised firms for failures which breach the FCA'srules and requirements (for example, under Principle 3 or SYSC 3.2.6R or SYSC 6.1.1R); and• to impose civil penalties on both authorised firms and Annex I financial institutions
EG 19.14.5RP
1The Money Laundering Regulations also provide investigation powers that the FCA can use when investigating whether breachesof the Regulations have taken place. These powers include: • the power to require information from, and attendance of, relevant and connected persons (regulation 37); and• powers of entry and inspection without or under warrant (regulations 38 and 39).The use of these powers will be limited to those cases in which the FCAexpects to take action under the
DISP 2.3.2ARRP
7The Ombudsman can consider a complaint under the Compulsory Jurisdiction if it relates to an act or omission by a payment service provider in carrying on:(1) payment services; or(2) credit-related regulated activities;11261126or any ancillary activities, including advice, carried on by the payment service provider in connection with them.
DISP 2.3.3GRP
Complaints about acts or omissions include those7 in respect of activities for which the firm,925payment service provider7, 14electronic money issuer,15CBTL firm,16designated credit reference agency15 or designated finance platform16 is responsible (including business of any appointed representative or agent7 for which the firm,925payment institution,15electronic money institution,16designated credit reference agency15 or designated finance platform16 has accepted responsibi
DISP 2.3.5GRP
7The Compulsory Jurisdiction includes complaints about the UK end of 'one leg' payment services transactions, i.e. services provided from UK establishments that also involve a payment service provider located outside the EEA. The Compulsory Jurisdiction also includes complaints about payment services irrespective of the currency of the transaction.
FEES 1.1.1BGRP
23FEES 9 (Payment System Regulator Funding) relates to PSR fees.
FEES 1.1.2RRP
This manual applies in the following way:(1) FEES 1, 2 and 3 apply to the fee payers listed in column 1 of the Table of application, notification and vetting fees in FEES 3.2.7 R29. 1041(a) [deleted]1010(b) [deleted]1010(c) [deleted]1010(d) [deleted]1010(e) [deleted]10(f) [deleted]1010(g) [deleted]1010(h) [deleted]1010(i) [deleted]1010(j) [deleted]1010(k) [deleted]1010(l) [deleted]1010(m) [deleted]1010(n) [deleted]104(o) 3345410[deleted]10(p) 55410[deleted]10(q) 6510[deleted]10(r)
EG 19.20.1RP
1The FCA has investigation and sanctioning powers in relation to both criminal and civil breaches of the Payment Services Regulations. The Payment Services Regulations impose requirements including, amongst other things, obligations on payment service providers to provide users with a range of information and various provisions regulating the rights and obligations of payment service users and providers.
EG 19.20.4RP
1The FCA also has the power to prohibit or restrict the carrying out of certain regulated activities by EEA authorised payment institutions.
FEES 5.5B.7RRP
(1) Any of the following persons which is exempt under DISP 1.1.12R is also exempt from FEES 5.5B:1(a) a firm;1(b) a payment service provider;1(c) an electronic money issuer; 21(d) a designated credit reference agency; and21(e) 2a designated finance platform.(2) However, a person will only be exempt from FEES 5.5B in any financial year if it met the conditions in DISP 1.1.12R on 31 March of the immediately preceding financial year.1
FEES 5.5B.24RRP
Where a respondent ceases to be a firm, payment service provider, electronic money issuer, CBTL firm, 6a designated credit reference agency, a designated finance platform2 or VJ participant (as the case may be) part way through a financial year it will remain liable to pay case fees under FEES 5.5B in respect of cases within the jurisdiction of the Financial Ombudsman Service.15
GEN 5.1.1GRP
1This chapter contains:2(1) guidance for firms, authorised payment institutions and authorised electronic money institutions8 and their 7appointed representatives, agents7or tied agents5on the circumstances in which the FCA11 permits them 7to reproduce the FSA and FCA logos11;28811711(2) rules on the use by firms of the Key facts logo.2
GEN 5.1.10RRP
11A firm must not use the FCA logo (and must take all reasonable steps to ensure that its representatives do not use the FCA logo) in any communication with a client other than in accordance with any individual licence granted by the FCA to the firm or its representatives.
SUP 15.2.2GRP
This chapter sets out:(1) guidance on the type of event or change in condition which a firm should consider notifying in accordance with Principle 11; the purpose of this guidance is to set out examples and not to give comprehensive advice to firms on what they should notify in order to be in compliance with Principle 11;(2) rules on events and changes in condition that a firm must notify; these are the types of event that the FCA2 must be informed about, usually as soon as possible,
FEES 4.1.1ARRP
4A reference to firm in this chapter includes a reference to a fee-paying payment service provider, a CBTL firm12 and a fee-paying electronic money issuer6.18
FEES 4.1.4GRP
(1) The periodic fees for collective investment schemes reflect the estimated costs to the FCA of considering proposals to change regulated collective investment schemes, maintaining up to date records about them, and related policy work.(2) [deleted]828(3) The periodic fees for fee-paying payment service providers, fee-paying electronic money issuers, CBTL firms12and issuers of regulated covered bonds7are set out in FEES 4 Annex 11R12. This annex sets out the activity groups,
FEES 2.1.1ARRP
619This chapter does not apply in relation to:88(1) FEES 5.5A; or8(2) FEES 5 Annex 2R; or8(3) FEES 5 Annex 3R; or8(4) a PSR fee8; or9(5) the pensions guidance levy; or10910(6) the pensions guidance providers’ levy; or1110(7) 11the FOS ADR levy.
FEES 2.1.5GRP
(1) The following enable the FCA to charge fees to cover its costs and expenses in carrying out its functions:13(a) paragraph 23 of Schedule 1ZA of the Act;13(b) regulation 92 of the Payment Services Regulations;13(c) regulation 59 of the Electronic Money Regulations;13(d) article 25(a) of the MCD Order; and13(e) regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations. 13(f) regulation 18 of the Small and Medium Sized Business (Finance Platforms)
DISP 1.9.1RRP
A firm, including, in the case of MiFID business or collective portfolio management services for a UCITS scheme or an EEA UCITS scheme, a branch of a UK firm in another EEA state, must keep a record of each complaint received and the measures taken for its resolution, and retain that record for:32(1) at least five years where the complaint relates to MiFID business or collective portfolio management services for a UCITS scheme or an EEA UCITS scheme; and32(2) three years for
FEES 5.9.3GRP
[deleted]3737