Related provisions for PERG 5.4.5
1 - 20 of 113 items.
Table Territorial issues relating to overseas insurance intermediaries carrying on insurance distribution activities5 in or into the United KingdomNeeds Part 4A permissionSchedule 3 EEA passport rights availableOverseas persons exclusion availableRegistered EEA-based intermediary with UK branch (registered office or head office in another EEA State)NoYesNoRegistered EEA-based intermediary with no UK branch providing cross-border servicesNoYesPotentially available [see Note]Third
Persons carrying on insurance distribution activities5 from a registered office or head office in the United Kingdom will clearly be carrying on regulated activities in the United Kingdom. However, a person may be considered to be carrying on regulated activities in the United Kingdom even where not carrying on the activity from a registered office or head office in the United Kingdom. This is explained further in PERG 5.12.6 G to PERG 5.12.8 G.
Otherwise, where the cases in PERG 5.12.7G (1) do not apply, it is necessary to consider further the nature of the activity in order to determine where insurance distribution5 is carried on. Persons that arrange contracts of insurance will usually be considered as carrying on the activity of arranging in the location where these activities take place. As for dealing activities, the location of the activities will depend on factors such as where the acceptance takes place, which
Article 72 of the Regulated Activities Order (Overseas persons) provides a potential exclusion for persons with no permanent place of business in the United Kingdom from which regulated activities are conducted or offers to conduct regulated activities are made. Where these persons carry on insurance distribution activities5 in the United Kingdom, they may be able to take advantage of the exclusions in article 72 of the Regulated Activities Order. In general terms, these apply
The overseas person exclusion is available to persons who do not have a permanent place of business in the United Kingdom and so is of relevance to third country intermediaries (that is, non EEA-based intermediaries) who carry on insurance distribution activities5 in, or into, the United Kingdom (for example with or through authorised insurance brokers and insurance undertakings operating in the Lloyd's market).
UK-based persons must obtain Part 4A permission in relation to their insurance distribution activities5 in the United Kingdom as one of the following:(1) a body corporate whose registered office is situated in the United Kingdom; or(2) a partnership or unincorporated association whose head office is situated in the United Kingdom; or(3) an individual (that is, a sole trader) whose residence is situated in the United Kingdom.The United Kingdom will, in each case, be the Home State
Non-UK-based persons wishing to carry on insurance distribution activities5 in the United Kingdom must:(1) qualify for authorisation by exercising passport rights (see section 31 (Authorised persons) and schedule 3 (EEA passport rights) to the Act and PERG 5.12.13 G to PERG 5.12.14 G (Passporting)); or(2) make use of the overseas persons exclusion (which then has the effect that activities are deemed not to be regulated activities carried on in the United Kingdom); or(3) seek
The effect of the IDD5 is that any EEA-based insurance intermediaries doing business within the Directive’s scope4 must first be registered in their home EEA State before carrying on insurance distribution5 in that EEA State or other EEA States. For these purposes, an EEA-based insurance intermediary is either:(1) a legal person with its registered office or head office in an EEA State other than the United Kingdom; or(2) a natural person resident in an EEA State other than the
The Society must establish and maintain effective arrangements to monitor and manage risk arising from:(1) conflicts of interest (including in relation to (2) to (4));(2) inter-syndicate transactions, including reinsurance to close and approved reinsurance to close;(3) related party transactions; and(4) transactions between members and itself.
The Society must take all reasonable steps to ensure that each member:(1) executes the appropriate Lloyd's trust deeds; and(2) carries to the appropriate Lloyd's trust fund all amounts received or receivable by the member, or on its behalf, in respect of any insurance business carried on by it.
The information provided to the 2FCA2by the Society under INSPRU 8.2.25 R must include:(1) a statement of the purpose of any proposed amendment or new Lloyd's trust deed and the expected impact, if any, on policyholders, managing agents, members, and potential members; and(2) a description of the consultation undertaken under INSPRU 8.2.26 R including a summary of any significant responses to that consultation.
There is power in the Act for the Treasury to specify the circumstances in which a person is or is not to be regarded as carrying on regulated activities by way of business. The Business Order has been made using this power (partly reflecting differences in the nature of the different activities). As such, the business test for insurance distribution activity1 is distinguished from the standard test for 'investment business' in article 3 of the Business Order. Under article 3(4)
(1) As regards PERG 5.4.2G(1), the Business Order does not provide a definition of ‘remuneration’, however ‘remuneration’ is defined in the IDD. Article 2(1)(9) of the IDD defines ‘remuneration’ to mean any commission, fee, charge or other payment, including an economic benefit of any kind or any other financial or non-financial advantage or incentive offered or given in respect of insurance distribution activities.1(2) In the FCA’s view, ‘remuneration’ in the Business Order follows
As regards PERG 5.4.2G (2), in the FCA's view, for a person to take up or pursue insurance distribution activity by way of business, the person1 will usually need to be carrying on those activities with a degree of regularity. The person will also usually need to be carrying on the activities for commercial purposes. That is to say, the person1 will normally be expecting to gain a direct financial benefit of some kind. Activities carried on out of friendship or for altruistic
PERG 5.4.8 G contains a table that summarises the main issues surrounding the business test as applied to insurance distribution activities1 and that may assist persons to determine whether they will need authorisation or exemption. The approach taken in the table involves identifying factors that, in the FCA's view, are likely to play a part in the analysis. Indicators are then given as to the significance of each factor to the person's circumstances. By analysing the indicators
Table: Carrying on insurance distribution1 activities 'for remuneration' and 'by way of business'Carrying on insurance distribution1 activities 'for remuneration' and 'by way of business''For remuneration'FactorIndicators that P does not carry on activities "for remuneration"Indicators that P does carry on activities "for remuneration"Direct remuneration, whether received from the customer or the insurer/broker (cash or benefits in kind such as tickets to the opera, a reduction
9In the application of this section to activities carried on by a non-EEA insurer:(1) INSPRU 1.5.13 R to INSPRU 1.5.13B G apply in relation to the whole of its business carried on world-wide;(2) all other provisions of this section apply only in relation to:(a) in the case of any UK-deposit insurer, activities carried on from branches in any EEA State; and(b) in any other case, activities carried on from a branch in the United Kingdom.
Internal-contagion risk includes in particular the risk that arises where a firm carries on:(1) both insurance and non-insurance activities; or(2) two or more different types of insurance activity; or(3) insurance activities from offices or branches located in both the United Kingdom and overseas.
This section requires firms other than pure reinsurers to limit non-insurance activities to those that directly arise from their insurance business, e.g. investing assets, employing insurance staff etc. It also requires that an adequate provision be established for non-insurance liabilities. pure reinsurers must limit their activities to the business of reinsurance and related operations.
This section also sets out requirements for the separation of different types of insurance activity. However, in most circumstances the combination of different types of insurance activity within the same firm is a source of strength. Adequate pooling and diversification of insurance risk is fundamental to sound business practice. The requirements, therefore, only apply in two specific cases where without adequate protection the combination might operate to the detriment of policyholders.
(1) A firm other than a pure reinsurer must not carry on any commercial business other than insurance business and activities directly arising from that business.(2) (1) does not prevent a friendly society which was on 15 March 1979 carrying on long-term insurance business from continuing to carry on savings business.
3(1) Under section 19 of the Act, a firm may not carry on a regulated activity unless it has permission to do so (or is exempt in relation to the particular activity). Both general insurance business and long-term insurance business are regulated activities and permission will extend to the effecting or carrying out of one or more particular classes of contracts of insurance.3(2) A firm'spermission can be varied so as to add other classes. The permission of an existing composite
A firm3, other than a sole trader, must allocate the responsibility for the firm'sinsurance distribution activity6 or MCD credit intermediation activity4 to a director or senior manager.3[Note: article 3(1), eighth paragraph of the IDD6 and article 29(4)(a), first sentence, of the MCD.4]11
Where a firm has appointed an appointed representative to carry on insurance mediation activity or MCD credit intermediation activity4 on its behalf, the person responsible for the firm'sinsurance mediation activity or MCD credit intermediation activity4 will also be responsible for the insurance distribution activity6 or MCD credit intermediation activity4 carried on by an appointed representative.
The FCA will specify in the Financial Services Register the name of the persons to whom the responsibility for the firm'sinsurance distribution activity6 or MCD credit intermediation activity4 has been allocated by inserting after the relevant controlled function the words "(insurance distribution6)" or “(MCD intermediation)”.4 In the case of a sole trader, the FCA will specify in the Financial Services Register the name of the sole trader as the 'contact person' in the firm
A person who is concerned to know whether their proposed insurance distribution activities4 may require authorisation will need to consider the following questions:4(1) will the activities relate to contracts of insurance (see PERG 5.3(Contracts of insurance))?(2) if so, will I be carrying on any insurance distribution activity4 (see PERG 5.5 (The regulated activities: dealing in contracts as agent) to PERG 5.11 (Other aspects of exclusions))?(3) if so, will I be carrying on
It is recognised pursuant to section 22 of the Act that a person will not be carrying on regulated activities in the first instance, including insurance distribution activities4, unless the person is4 carrying on these activities by way of business. Similarly, where a person's activities are excluded that person4 cannot, by definition, be carrying on regulated activities. To this extent, the content of the questions above does not follow the scheme of the Act. For ease of navigation,
The IDD4 imposes requirements upon EEA States relating to the regulation of insurance distribution and reinsurance distribution4. The IDD defines “insurance distribution”4 as including the activities of advising on4, proposing or carrying out other work preparatory to the conclusion of contracts of insurance4, or of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim. It includes the provision
The United Kingdom has implemented the IDD (and the IMD before it)4, in part, through secondary legislation, which applies4 pre-existing regulated activities (slightly amended) in the Regulated Activities Order to the component elements of the insurance distribution and reinsurance distribution definitions in the IDD4 (see PERG 5.2.5 G and the text of IDD articles 2.1(1), 2.1(2) and 2.24 in PERG 5.16.2G4).
As a result,4 each of the regulated activities below potentially applies4 to any contract of insurance:(1) dealing in investments as agent (article 21 (Dealing in investments as agent));(2) arranging (bringing about) deals in investments (article 25(1) (Arranging deals in investments));(3) making arrangements with a view to transactions in investments (article 25(2) (Arranging deals in investments));(4) assisting in the administration and performance of a contract of insurance
(1) The5 exclusion for groups and joint enterprises in article 69 of the Regulated Activities Order (Groups and joint enterprises) does not apply to transactions relating to contracts of insurance. This will affect5 a company providing services for:(a) other members of its group; or(b) other participants in a joint enterprise of which it is a participant.(2) Such companies might typically provide risk or treasury management or administration services which may include regulated
Article 4(4A) of the Regulated Activities Order (Specified activities: general) disapplies certain exclusions where a person, for remuneration, takes up or pursues insurance distribution or reinsurance distribution5 (as defined in articles 2.1(1), 2.1(2) and 2.2 of the IDD5) and PERG 5.16.2G5) in relation to a risk or commitment located in an EEA State5. The relevant exclusions which are disapplied are:(1) arrangements in connection with lending on the security of insurance policies
Although the article 67 exclusion is disapplied (by article 4(4A) of the Regulated Activities Order (Specified investments: general)) when a person takes up or pursues insurance distribution or reinsurance distribution5 as defined by articles 2.1(1), 2.1(2) and 2.2 of the IDD5, there may be cases where a person is not carrying on activities that amount to insurance distribution5. For example, where a person's activities amount simply to the provision of information on an incidental
Article 72B (see also PERG 5.3.7 G (Connected contracts of insurance)) may be of relevance to persons who supply non-motor goods or services5 or provide services related to travel in the course of carrying on a profession or business which does not otherwise consist of carrying on regulated activities. In the FCA's view, the fact that a person may carry on regulated activities in the course of the carrying on of a profession or business does not, of itself, mean that the profession
This is a guide only and should not be used as a substitute for legal advice in individual cases.Table 3: Solvency II Directive activities77Part II RAO ActivitiesPart III RAO Investments1. Non-life insurance activities1.Taking up and carrying on direct non-life insurance businessArticle 10Article 752.Classes 1 to 18 of non-life insurance business in Point A of Annex I to the Solvency II7 Directive 77Corresponding paragraphs 1 to 18 of Schedule 1, Part I2. Life insurance activities771.Taking
So, the effect of App 3.12.1 is that an insurer may be carrying on insurance business in the United Kingdom which is to be treated as a regulated activity under article 10 to the Regulated Activities Order (Effecting and carrying out contracts of insurance) in circumstances where the risks covered are treated as located in another EEA State. In that event, the insurer is required by Schedule 3 to the Act to passport into the State concerned and may be subject to conduct of business
Although the Solvency II Directive is7 concerned with the regulated activities of effecting and carrying out contracts of insurance, an incoming EEA firm passported under the Solvency II Directive7 will be entitled to carry on certain other regulated activities without the need for top-up permission. This is where the regulated activities are carried on for the purposes of or in connection with the incoming EEA Firm's insurance business1. These regulated activities may include:77(1)
A firm must not use, or propose to use, the services of another person4 consisting of: (1) insurance distribution4; or(1A) 4reinsurance distribution; or(2) insurance distribution activity4; or(3) home finance mediation activity;11unless MIPRU 5.2.2 R is 3satisfied. 3[Note: 4Article 16 of theIDD4]22
For the purposes of MIPRU 5.2.1 R, the person4, in relation to the activity must:33(1) have3permission; or3(2) be3 an exempt person; or3(3) be3 an exempt professional firm; or3(4) be3 registered in another EEA State for the purposes of theIDD4; or322(5) in relation to insurance distribution activity4, not be 3carrying this activity on in the EEA; or3(6) in relation to home finance mediation activity1, not be 3carrying this activity on in the United Kingdom.13[Note: article 164
(1) A firm should:(a) before using the services of the intermediary, check:(i) the Financial Services Register; or(ii) in relation to insurance distribution or reinsurance distribution4 carried on by an EEA firm, the register of its Home State regulator;for the status of the person4; and(b) use the services of that person4 only if the relevant register indicates that the person4 is registered for that purpose.(2) (a) Checking the Financial Services Register before using the services
An appointed representative can carry on only those regulated activities which are specified in the Appointed Representatives Regulations. The regulated activities set out in the table in PERG 5.13.4 G are included in those regulations. As set out in the table, the insurance distribution activities2 that can be carried on by an appointed representative differ depending on the type of contracts of insurance in relation to which the activities are carried on.
Insurance insurance distribution activities2 activities able to be carried on by an appointed representative. This table belongs to PERG 5.13.3 G.Type of contract of insuranceRegulated activities an appointed representative can carry onGeneral insurance contractdealing in investments as agent;arranging;assisting in the administration and performance of a contract of insurance;advising on investments; andagreeing to carry on these regulated activities.Pure protection contractdealing
A person2 may wish to become an appointed representative2 in relation to one or more of the insurance distribution activities2 specified in the Appointed Representatives Regulations (see table in PERG 5.13.4 G). If so, the person2 must be appointed under a written contract by an authorised person, who has permission to carry on those regulated activities and who accepts responsibility for the appointed representative's actions when acting for them2. SUP 12.4 (What must a firm
Where a person (A), who2 is already an appointed representative, proposes to start to2 carry on any insurance distribution activities, A2 will need to consider the following matters.(1) A2 must become authorised if the insurance distribution activities that A proposes to carry on2 include activities that do not fall within the table in PERG 5.13.4 G (for example, dealing as agent in pure protection contracts)2. The Act does not permit any person to be exempt for some activities
The general principles set out in SUP 5.4.8 G, for suitability of a skilled person, apply also to the independent expert. The regulators expect7 the independent expert making the scheme report to be a natural person, who:7(1) is independent, that is any direct or indirect interest or connection he has or has had in either the transferor or transferee should not be such as to prejudice his status in the eyes of the court; and(2) has relevant knowledge, both practical and theoretical,
(1) If the transferee is (or will be) an EEA firm (authorised in its Home State to carry on insurance business under the Solvency II Directive6) or a Swiss general insurance company, then the appropriate regulator7 has to consult the transferee's Home State regulator, who has 3 months to respond. It will be necessary for the appropriate regulator7 to obtain from the transferee's Home State regulator a certificate confirming that the transferee will meet the Home State's solvency
The transferor will need to provide the appropriate regulator7 with the information that the Home State regulator requires from the appropriate regulator7. This information includes:77(1) the transfer agreement or a draft, with:(a) the names and addresses of the transferor and transferee; and(b) the classes of insurance business and details of the nature of the risks or commitments to be transferred;(2) for the business to be transferred (both before and after reinsurance):(a)
Where the transferor is a7UK-deposit insurer and, following the transfer, it will no longer be carrying on insurance business in the United Kingdom, the appropriate regulator7 will need to collaborate with regulatory bodies in the other EEA States in which it is carrying on business to ensure that effective supervision of the business carried on in the EEA continues. The transferor should cooperate with the appropriate regulator7 and the other regulatory bodies in this process
Professional firms (broadly firms of solicitors, accountants and actuaries) may carry on insurance distribution activities3 in the course of their professional activities. Exempt professional firms carrying on insurance distribution activities3 may continue to be able to use the Part XX exemption to avoid any need for authorisation. PROF 2 (Status of exempt professional firm) contains guidance on the Part XX exemption. They will, however, need to be shown on the Financial Services
Professional firms should be aware of the disapplication of the exclusions for trustees (article 66) and activities carried on in the course of a profession or non-investment business (article 67) outlined in PERG 5.11.7 G (Exclusions disapplied in connection with insurance distribution3) where their activities would amount to insurance distribution3. Where they do not, they will still be able to rely upon article 67. Otherwise, the Non-Exempt Activities Order3 imposes limitations
In addition to certain named persons exempted by the Exemption Order from the need to obtain authorisation, the following bodies are exempt in relation to insurance distribution activities3 that do not relate to life policies:(1) [deleted]22(2) registered social landlords in England and Wales within the meaning of Part I of the Housing Act 1996 but not their subsidiaries;(3) registered social landlords in Scotland within the meaning of the Housing (Scotland) Act 2001 but not their
If a social housing firm is carrying on home financing1or home finance administration1(and no other regulated activity), its net tangible assets must be greater than zero. However, if it carries on insurance distribution activity6 or home finance mediation activity1, there is no special provision and the capital resources requirement for firms carrying on designated investment business, insurance distribution activity or home finance mediation activity6 only applies to it as appropriate.
(1) If a firm carrying on insurance distribution activity6 or home finance mediation activity1(and no other regulated activity) does not hold client money or other client assets in relation to these activities, its capital resources requirement is the higher of:1(a) £5,000; and(b) 2.5% of the annual income from its insurance distribution activity6 or home finance mediation activity1(or both).1(2) If a firm carrying on insurance distribution activity6 or home finance mediation
The capital resources requirement for a firm carrying on insurance distribution activity6 and home financing1 or home finance administration1 is the sum of : 11112(1) the capital resources requirement2 for a firm carrying on insurance distribution activity6 or home finance mediation activity1 (and no other regulated activity) (see MIPRU 4.2.11 R); and21(2) (a) in the case of a firm carrying on home financing which is not connected to regulated mortgage contracts, or home finance
(1) 6This rule applies to a firm which intends to appoint:6636(a) an appointed representative to carry on insurance distribution activities15; or1346611(b) a tied agent; or1166(c) an appointed representative to carry on MCD credit intermediation activity.11; or13(d) a MiFID optional exemption appointed representative; or13(e) a structured deposit appointed representative.134(2) This rule also applies to a firm which has appointed an appointed representative.63(3) A firm in (1)
A firm's notice under SUP 12.7.1 R should give details of the appointed representative and the regulated activities which the firm is, or intends to, carry on through the appointed representative, including:(1) the name of the firm's new appointed representative (if the appointed representative is a body corporate, this is its registered name);(2) any trading name under which the firm's new appointed representative carries on a regulated activity in that capacity;(3) a description
(1) If:434(a) (i) the scope of appointment of an appointed representative is extended to cover insurance distribution activities15 for the first time; and42(ii) the appointed representative is not included on the Financial Services Register as carrying on insurance distribution activities15 in another capacity; or42(b) the scope of appointment of an appointed representative ceases to include insurance distribution activity15;42the appointed representative's principal must give
1Before a firm appoints a person as an appointed representative to carry on insurance distribution activity15, it must in relation to insurance distribution activity15 ensure that the person will comply on appointment, and will continue to comply with, the provisions of 319SYSC 28.3 (Good repute)15 as if the appointed representative were a firm.[Note: article 10(3) of the IDD]1533
(1) 1An appointed representative must not commence an insurance distribution activity15 until they are15 included on the Financial Services Register as carrying on such activities (see SUP 12.5.2 G (3)). (2) If an appointed representative's scope of appointment is to include an insurance distribution activity15, the principal must notify the FCA of the appointment before the appointed representative commences that activity (see SUP 12.7.1 R (1)). (3) As an exception, pre-notification
(1) 1The FCA has the power to decide not to include on the Financial Services Register (or to remove from the Financial Services Register) an appointed representative whose scope of appointment includes an insurance distribution activity15, if it appears to the FCA that he is not a fit and proper person to carry on those activities (article 95 of the Regulated Activities Order).(2) If the FCA proposes to use the power in (1), it must give the appointed representative a warning
Subject to CASS 7.10.12 R, money is not client money when a firm (other than a sole trader) holds that money on behalf of, or receives it from, a professional client, other than in the course of insurance distribution activity10, and the firm has obtained written acknowledgement from the professional client that:(1) money will not be subject to the protections conferred by the client money rules;(2) as a consequence, this money will not be segregated from the money of the firm
Money is not client money if a firm, in respect of designated investment business which is not an investment service or activity, an ancillary service, a listed activity or insurance distribution activity10:(1) holds it on behalf of or receives it from a professional client who is not an authorised person; and (2) has sent a separate written notice to the professional client stating the matters set out in CASS 7.10.10 R (1) to CASS 7.10.10 R (3).
(1) A firm which receives and holds client money in respect of life assurance business in the course of its designated investment business that is not MiFID business may:(a) under CASS 7.10.3 R (2) elect to comply with the client money chapter in respect of such client money and in doing so avoid the need to comply with the insurance client money chapter which would otherwise apply to the firm in respect of client money received in the course of its insurance distribution activity10;
This group of exclusions applies, in specified circumstances, to the regulated activities of:(1) dealing in investments as principal;(2) arranging (bringing about) dealsininvestments and4making arrangements with a view to transactions in investments;44(2A) arranging a home finance transaction;4(3) managing investments;(4) assisting in the administration and performance of a contract of insurance;(5) safeguarding and administering investments;(6) sending dematerialised instructions;(7)
This group of exclusions applies, in specified circumstances, to the regulated activities of:(1) dealing in investments as agent;(2) arranging (bringing about) deals in investments, and4making arrangements with a view to transactions in investments;44(2A) arranging a home finance transaction;4(3) assisting in the administration and performance of a contract of insurance;(4) safeguarding and administering investments; and(5) advising on investments,15advising on regulated credit
These exclusions apply to intra-group dealings and activities and to dealings or activities involving participators in a joint enterprise which take place for the purposes of, or in connection with, the enterprise. The general principle here is that, as long as activities that would otherwise be regulated activities take place wholly within a group of companies, then there is no need for authorisation. The same principle applies to dealings or activities that take place wholly
The exclusions apply in relation to transactions to buy or sellshares in a body corporate where, in broad terms:(1) the transaction involves the acquisition or disposal of a least 50 per cent of the voting shares in the body corporate and is, or is to be, between certain specified kinds of person; or(2) the object of the transaction may otherwise reasonably be regarded as being the acquisition of day-to-day control of the affairs of the body corporate.These exclusions also apply
This chapter applies principally to any person who needs to know whether they carry on insurance distribution activities and are1 thereby subject to FCA regulation. As such it will be of relevance among others to:(1) insurance brokers;(2) insurance advisers;(3) insurance undertakings; and(4) other persons involved in the sale and administration of contracts of insurance, even where these activities are secondary to their main business.
The purpose of this guidance is to help persons consider whether they need authorisation or a variation of their Part 4A permission. Businesses1 who act only as introducers of insurance business are directed in particular to PERG 5.6.2 G1 to PERG 5.6.9 G1 to help consider whether they require authorisation. This guidance also explains the availability to persons carrying on insurance distribution activities1 of certain exemptions from regulation, including the possibility of becoming
1This sourcebook applies to a firm with respect to the following activities carried on in relation to a non-investment insurance contract from an establishment maintained by it, or its appointed representative, in the United Kingdom:(1) an insurance distribution activity2;(2) effecting and carrying out contracts of insurance;(3) managing the underwriting capacity of a Lloyd's syndicate as a managing agent at Lloyd's;(4) communicating or approving a financial promotion;and activities