Related provisions for SYSC 22.7.9
1 - 8 of 8 items.
(1) If an SMCR firm2 (A) is considering:1(a) permitting or appointing someone (P) to perform a controlled function; or(b) issuing a certificate under the certification regime for P; (as explained in more detail in rows (A) and (B) of the table in SYSC 22.2.3R), A must take reasonable steps to obtain appropriate references from: (c) P’s current employer; and(d) anyone who has been P’s employer in the past six years.(2) A must take reasonable steps to obtain the reference before
(1) A firm (B) must provide a reference to another firm (A) as soon as reasonably practicable if:(a) A is considering:(i) permitting or appointing someone (P) to perform a controlled function; or(ii) issuing a certificate under the certification regime for P; or(iii) appointing P to another position in the table in SYSC 22.2.3R; (as explained in more detail in the table in SYSC 22.2.3R);(b) A makes a request, for a reference or other information in respect of P from B, in B’s
Table: Examples of what activities APER3 coversFCA approvedCoverage of APER3(1) Yes, in relation to firm AApplies to the FCA controlled function. Also applies to any other function performed for firm A in relation to the carrying on by firm A of a regulated activity even if it is not a controlled function.3(2) Yes, in relation to firm A. No, in relation to firm B,In relation to firm A, the answer is the same as for scenario (1). However, APER does not apply to any function that
Table: To whom does COCON apply? 99Persons to whom COCON appliesComments9(1) An SMF manager.9 (2) An employee (“P”) of a an SMCR firm12 who:9 (a) performs the function of an SMF manager;9 (b) is not an approved person to perform the function in question; and9 (c) is required to be an approved person at the time P performs that function.9 (3) An employee of an SMCR firm12 who would be performing an FCA-designated senior management function12 but for SUP 10C.3.13R (The 12-week
(1) SYSC 22.9.1R applies to keeping records created before the date this chapter came into force as well as ones created afterwards.(2) An SMCR firm2 does not breach the requirements of this chapter by failing to include something in a reference or by failing to have records2 because it destroyed the relevant records before the date this chapter came into force in accordance with the record keeping requirements applicable to it at the time of destruction.(3) (1) also applies to