COCON applies to:
an SMF manager;
- (d) 121
- (e) 112
- (f) 2
For Swiss general insurers, references in this sourcebook to parts of the PRA Rulebook for ‘Solvency II firms’ are to be read as references to the corresponding parts of the PRA Rulebook applying to large non directive insurers.7COCON does not apply to an employee of a relevant authorised person who only performs functions falling within the scope of the following roles:1
post room staff;1
reprographics/print room staff;1
audio visual technicians;1
vending machine staff;1
archive records management;1
corporate social responsibility staff;1
data controllers or processors under the Data Protection Act 1998;1
personal assistant or secretary;1
information technology support (ie, helpdesk); and1
human resources administrators /processors.1
The persons in COCON 1.1.2R(1)(a) and (b) are referred to as senior conduct rules staff members. An approved person performing a significant influence function (including a PRA controlled function) in a Solvency II firm or in a small non-directive insurer4 is also a senior conduct rules staff member.2
For a person (P) who is an approved person, COCON applies to the conduct of P in relation to the performance by P of functions relating to the carrying on of activities (whether or not regulated activities) by the firm on whose application approval was given to P.
[Note: sections 64A(4) and (5)(a) of the Act (Rules of conduct)]
For a person (P) subject to COCON who is not an approved person, COCON applies to the conduct of P in relation to the performance by P of functions relating to the carrying on of activities (whether or not regulated activities) by P’s employer.
[Note: sections 64A(4) and (5)(b) of the Act (Rules of conduct)]
For example, say that an individual (A) is an approved person for firm X and is employed by firm Y in a role that does not involve a controlled function. Say that firm X is a Solvency II firm or a small non-directive insurer4 and that firm2Y is a relevant authorised person.
- (1) 522
The FCA interprets the phrase ‘dealing with’ in COCON 1.1.10R as including having contact with customers and extending beyond ‘dealing’ as used in the phrase ‘dealing in investments’. ‘Dealing in’ is used in Schedule 2 to the Act to describe, in general terms, the regulated activities which are specified in Part II of the Regulated Activities Order.