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FEES 1.1 Application and Purpose

FEES 1.1.1 G RP

1 48 FEES 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 4A permission, registration as a CBTL firm, 50listing 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 (in FEES 5.5B50). 1349FEES 6 (Financial Services Compensation Scheme Funding) relates to the FSCS levy. FEES 7 relates to the CFEB levy.9

3 50
FEES 1.1.1A G RP

15 FEES App 1 Annex 1 applies to all persons required to pay a fee or any other amount to the FCA under the Unauthorised Mutuals Registration Fees Rules, as made by the Fees (Unauthorised Mutual Societies Registration) Instrument 2002 (FSA 2002/4) and amended from time to time.

FEES 1.1.1B G RP

23 FEES 9 (Payment System Regulator Funding) relates to PSR fees.

FEES 1.1.1C G RP

24 FEES 10 (Pensions guidance levy) relates to the pensions guidance levy.

FEES 1.1.1D G RP

25 FEES 11 (Pensions guidance providers’ levy) relates to the pensions guidance providers’ levy.

FEES 1.1.1E G RP

26 FEES 12 (FOS ADR Levy) relates to the FOS ADR levy.

Application

FEES 1.1.2 R RP

This manual applies in the following way:

  1. (1)

    FEES 1, 2 and 3 apply to the fee payers listed in column 1 of the Table of application, notification and vetting fees in FEES 3.2.7 R. and FEES 3.2.7A R.47

    10
    1. (a)

      [deleted]10

      10
    2. (b)

      [deleted]10

      10
    3. (c)

      [deleted]10

      10
    4. (d)

      [deleted]10

      10
    5. (e)

      [deleted]10

    6. (f)

      [deleted]10

      10
    7. (g)

      [deleted]10

      10
    8. (h)

      [deleted]10

      10
    9. (i)

      [deleted]10

      10
    10. (j)

      [deleted]10

      10
    11. (k)

      [deleted]10

      10
    12. (l)

      [deleted]10

      10
    13. (m)

      [deleted]10

      10
    14. (n)

      [deleted]10

      4
    15. (o) 3345410

      [deleted]10

    16. (p) 55410

      [deleted]10

    17. (q) 6510

      [deleted]10

    18. (r) 66510

      [deleted]10

    19. (s)

      [deleted]10

      10
  2. (2)

    FEES 1, 2 and 4 apply to:

    1. (a)

      every firm (except an AIFM qualifier,18ICVC or UCITS qualifier);

    2. (b)

      every authorised fund manager17 of an authorised unit trust or authorised contractual scheme;

      171717
    3. (c)

      every ACD of an ICVC;

    4. (d)

      every person who, under the constitution or founding arrangements of a recognised scheme19, is responsible for the management of the property held for or within the scheme;

      19
    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 (LR) 7every sponsor;

      7
    9. (i)

      under the Disclosure Rules and Transparency Rules (DTR)7 every issuer of shares, depositary receipts and securitised derivatives;7

      14
    10. (j)

      every fee-paying payment service provider;12

    11. (k)

      every fee-paying electronic money issuer;1412

      1420
    12. (l)

      14every issuer of a regulated covered bond;20

    13. (m)

      20every AIFM applying to become a small registered UK AIFM and every small registered UK AIFM;22

    14. (n)

      21every AIFM notifying the FCA under regulation 57, 58 and 59 of the AIFMD UK regulation and every AIFM which has made such a notification; and22

    15. (o)

      each of the following that makes transactions reports directly to the FCA under SUP 17 (Transaction reporting):22

      1. (i)

        a firm;

      2. (ii)

        a third party acting on a firm's behalf;

      3. (iii)

        an approved reporting mechanism;

      4. (iv)

        an operator of a regulated market; and

      5. (v)

        an operator of an MTF.

  3. (3)

    FEES 1, 2 and 5 apply to:

    1. (a)

      every firm (except to the extent it is bidding in emissions auctions),16fee-paying payment service provider and fee-paying electronic money issuer12 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;11

      8
    2. (b)

      the FSCS; and

    3. (c)

      the Society.

  5. (5)

    FEES 1, 2 and 7 apply to:

    1. (a)

      every person having a Part 4A permission;

    2. (b)

      an incoming EEA firm;

    3. (c)

      an incoming Treaty firm;

    4. (d)

      the Society;12

    5. (e)

      every fee-paying payment service provider except the Bank of England, government departments and local authorities;12

    6. (f)

      every fee-paying electronic money issuer except the Bank of England, government departments, local authorities, municipal banks and the National Savings Bank.12

  6. (6)

    15FEES App 1 Annex 1 applies to every:

    1. (a)

      registered society; or

    2. (b)

      sponsoring body; or

    3. (c)

      person who submits a proposal for the registration of a registered society;

      each as defined in FEES Appendix 1.

FEES 1 , 2 and 7 do not apply to an incoming EEA firm or an incoming Treaty firm that has not established a branch in the United Kingdom.9

The application statement at FEES 1.1.2R (3) does not apply to FEES 5.5A, FEES 5 Annex 2R or FEES 5 Annex 3R.1349

FEES 1.1.3 G RP

The application of FEES 5.5A and FEES 5 Annex 3R is set out in FEES 5.5A.1 R. 1349The relevant provisions of FEES 5 and FEES 2 are applied to VJ participants by the standard terms (see DISP 4).

FEES 1.1.3A G

46The rules in FEES should be read in conjunction with GEN 2.2.23 R to GEN 2.2.25 G. In relation to FEES, some rules are made by both the FCA and PRA. Those rules may contain obligations for or references to FCA-authorised persons (for example payment service providers and electronic money issuers) notwithstanding that they also are made by the PRA in order to apply them to PRA-authorised persons. GEN 2.2.23 R limits the application of those rules so that the PRA will only apply them in respect of PRA-authorised persons and not to such FCA-authorised persons as are specifically included within the rule.

Purpose

FEES 1.1.4 G RP

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