CRED 14.6 Individual requirements
Application and purpose
This section and SUP 7 apply to all credit unions.
This section is a summary of SUP 7.
The FSA's Handbook primarily contains provisions that apply to all credit unions. However, the FSA may judge it necessary or desirable to impose additional requirements on a credit union or amend the activities it has permission to undertake. Doing so enables the FSA to take account of a credit union's individual circumstances and assists the FSA in meeting its regulatory objectives.
The FSA's powers to set individual requirements on its own initiative
The FSA may vary a credit union'sPart IV permission on its own initiative where:
- (1)
one or more of the threshold conditions is, or is likely to be, no longer satisfied;
- (2)
it is desirable in order to protect members.
If the FSA exercises its powers, it will do so by issuing a supervisory notice.
A credit union may refer this decision to the Financial Services and Markets Tribunal.
Criteria for varying a credit union's permission
The FSA expects to maintain a close working relationship with credit unions and expects that routine supervisory matters can be resolved by issuing guidance. However, the FSA may seek to vary a credit union'spermission:
- (1)
if it is appropriate to act formally so that enforcement action can be taken if necessary;
- (2)
so that a credit union can comply without breaking agreements with third parties.
The FSA may seek to vary on its own initiative a permission if risks are presented by:
- (1)
a credit union's management, business or internal controls;
- (2)
its involvement in new products or selling practices;
- (3)
a change in its structure, activities or strategy.
The following are some of the requirements or limitations that may be imposed:
The FSA will seek to give reasonable notice of intent to vary a permission and to agree an appropriate time scale with the credit union. However, the FSA may act immediately if that is necessary to protect members.