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Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

You are viewing the version of the document as on 2022-07-29.

FPCOB 16.2 Funeral Plan Resolution Manual

Application

FPCOB 16.2.1R

1This section applies to a firm that carries out as provider:

  1. (1)

    new funeral plans;

  2. (2)

    subsisting funeral plans.

FPCOB 16.2.2G
  1. (1)

    1As a result of FPCOB 16.2.1R, this chapter applies to a firm in relation to any funeral plan contract that it is carrying out as a provider, regardless of when it entered into that contract or when the firm from which it took on the responsibilities under that contract entered into that contract.

  2. (2)

    Firms should consider whether their funeral plan resolution manual should make different provision for new funeral plans and subsisting funeral plans.

Contents of the funeral plan resolution manual

FPCOB 16.2.3R

1A firm must produce and keep up-to-date a funeral plan resolution manual which contains information about the firm that, in the event of the firm’s failure, would assist in resolving the firm’s business of carrying out a funeral plan contract as provider. It must, as a minimum, include a written explanation of each of the following:

  1. (1)

    how the firm conducts the business of carrying out a funeral plan contract as provider, what the day-to-day operation of that business entails, and what resources would be needed to continue that business if the firm failed, including a specification of:

    1. (a)

      critical staff and their respective roles;

    2. (b)

      critical premises;

    3. (c)

      the firm’s IT systems;

    4. (d)

      the firm’s record-keeping systems, including how records are organised;

    5. (e)

      all relevant bank accounts and payment facilities;

    6. (f)

      all relevant persons outside of the firm, and their respective roles, including any outsourced service providers;

    7. (g)

      all relevant legal documentation, including trust deeds, insurance policies, and customer, service and supplier contracts, including any contracts with funeral directors; and

    8. (h)

      the firm’s group, using a structure chart showing:

      1. (i)

        the legal entities in the group;

      2. (ii)

        the ownership structure of those entities; and

      3. (iii)

        the jurisdiction of those entities;

  2. (2)

    any steps that would need to be implemented under any arrangements in place to ensure that:

    1. (i)

      funeral plan contracts entered into by the firm will continue to be carried out by another firm; and

    2. (ii)

      any payments will be paid to customers or covered individuals where the relevant funeral plan contracts will not continue to be carried out by the firm or another firm.

  3. (3)

    any terms in contracts that may need to be relied on to ensure the outcomes referred to in (2)(i) and (2)(ii);

  4. (4)

    how to access any record of each funeral plan contract facilitated by the firm, including where this is required under FPCOB 16.1.5R; and

  5. (5)

    how the firm’s systems can produce the detail specified in FPCOB 9 Annex 3 (Plan Statement) for each funeral plan contract entered into by it.

Requirement to make the funeral plan resolution manual available

FPCOB 16.2.4R

1A firm must put in place arrangements to ensure that its funeral plan resolution manual would be immediately available to:

  1. (1)

    an administrator, receiver, trustee, liquidator or analogous officer appointed in respect of the firm or any material part of its property;

  2. (2)

    the FCA, on request; and

  3. (3)

    the FSCS and any other person to whom the firm might want to provide it.