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Status: You are viewing the version of the handbook as on 2009-03-31.

FEES 1.1 Application and Purpose

FEES 1.1.1GRP

142FEES applies to all persons required to pay a fee or levy under a provision of the Handbook. The purpose of this chapter is to set out to whom the rules and guidance in FEES apply. FEES 2 (General Provisions) contains general provisions which may apply to any type of fee payer. FEES 3 (Application, Notification and Vetting Fees) covers one-off fees payable on a particular event for example various application fees (including those in relation to authorisation, variation of Part IV permission, listing and the Basel Capital Accord) and fees relating to certain notifications and document vetting requests. FEES 4 (Periodic fees) covers all periodic fees and transaction reporting fees. FEES 5 (Financial Ombudsman Service Funding) relates to FOS levies and case fees and FEES 6 (Financial Services Compensation Scheme Funding) relates to the FSCS levy.

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Application

FEES 1.1.2RRP

This manual applies in the following way:

  1. (1)

    FEES 1, 2 and 3 apply to:

    1. (a)

      every applicant for Part IV permission (including an incoming firm applying for top-up permission);

    2. (b)

      every Treaty firm that wishes to exercise a Treaty right to qualify for authorisation under Schedule 4 to the Act (Treaty rights), except those providing cross border services only,2 in respect of regulated activities for which it does not have an EEA right;

    3. (c)

      every applicant for a certificate under article 54 of the Regulated Activities Order;

    4. (d)

      every applicant for an authorisation order for, or for recognition of, a collective investment scheme;

    5. (e)

      every operator of a scheme making a notification under section 264 or section 270 of the Act;

    6. (f)

      every person seeking to become a designated professional body;

    7. (g)

      every applicant for recognition as a recognised body under Part XVIII of the Act (Recognised investment exchanges and clearing houses);

    8. (h)

      every applicant for listing (under the listing rules);

    9. (i)

      every applicant for approval as a sponsor (under the listing rules);

    10. (j)

      every issuer (under the listing rules) of tranches from debt issuance programmes and securitised derivative tranches;

    11. (k)

      every issuer (under the listing rules) involved in specific events or transactions during the year where documentation is subject to transaction vetting by the FSA;

    12. (l)

      under the prospectus rules every issuer, offeror or person requesting approval or vetting of the documents arising in relation to specific events or transactions that it might be involved in during the year;

    13. (m)

      every applicant to be listed as a designated investment exchange;

    14. (n)

      every firm applying for variation of its Part IV permission; and

    15. (o)

      every firm applying for or being concerned in an application for permission to use an advanced prudential calculation approach or guidance on the availability of such a permission 3(including any future proposed 3amendments to those approaches).

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  2. (2)

    FEES 1, 2 and 4 apply to:

    1. (a)

      every firm (except an ICVC or UCITS qualifier);

    2. (b)

      every manager of an authorised unit trust;

    3. (c)

      every ACD of an ICVC;

    4. (d)

      every person who, under the constitution or founding arrangements of a recognised scheme, is responsible for the management of the property held for or within the scheme;

    5. (e)

      every designated professional body;

    6. (f)

      every recognised body;

    7. (g)

      under the Listing Rules every issuer of shares, depositary receipts and securitised derivatives;

    8. (h)

      under the Listing Rules every sponsor; and

    9. (i)

      under the Disclosure Rules and Transparency Rules every issuer of shares, depositary receipts and securitised derivatives.

  3. (3)

    FEES 1, 2 and 5 apply to:

    1. (a)

      every firm which is subject to the Compulsory Jurisdiction of the Financial Ombudsman Service; and

    2. (b)

      every other person who is subject to the Compulsory Jurisdiction in relation to relevant complaints.

  4. (4)

    FEES 1, 2 and 6 apply to:

    1. (a)

      every participant firm;

    2. (b)

      the FSCS; and

    3. (c)

      the Society.

FEES 1.1.3GRP

The relevant provisions of FEES 5 and FEES 2 are applied to VJ participants by the standard terms (see DISP 4).

Purpose

FEES 1.1.4GRP

The purpose of this manual is to set out the fees applying to the persons set out in FEES 1.