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INSPRU 8.4 Capacity Transfer Market



This section1 applies to the Society.




The rules and guidance in this section1 are intended to promote confidence in the market at Lloyd's, and to protect certain consumers of services provided by the Society in carrying on, or in connection with or for the purposes of, its regulated activities. They do this by ensuring that the Society appropriately and effectively regulates the capacity transfer market so that it operates in a fair and transparent manner.


Requirement to make byelaws governing conduct in the capacity transfer market


The Society must make appropriate byelaws governing conduct in the capacity transfer market.


The byelaws referred to in INSPRU 8.4.3 R should:

  1. (1)

    ensure that adequate and effective arrangements are in place to enable members and persons applying to be admitted as members to enter into transactions to transfer syndicate capacity and settle these transactions in a timely manner;

  2. (2)

    give clear and comprehensive guidance about the dissemination of information that is, or may be, relevant to the price of syndicate capacity and the transparency of the capacity transfer market; and

  3. (3)

    prohibit unfair and abusive practices (including market manipulation), the misuse of information not generally available, and the dissemination of false or misleading information.


The Society should have adequate and effective arrangements to:

  1. (1)

    record and monitor transactions in the capacity transfer market, and maintain adequate audit trails; and

  2. (2)

    suspend or annul transactions where appropriate.


The Society should regularly review the byelaws referred to in INSPRU 8.4.3 R, taking account of the standards of conduct required in other UK financial markets.


The Society should consult members and underwriting agents before it finalises material changes in the byelaws referred to in INSPRU 8.4.3 R, and should have timely and effective arrangements for notifying them of changes in these byelaws.

  1. (1)

    2The Society must give the FCA a report as at the end of each calendar quarter in which any capacity is transferred.

  2. (2)

    The report referred to in (1) must reach the FCA within one month of the end of the relevant calendar quarter and must include information on:

    1. (a)

      the total capacity in syndicates transferred during the quarter, analysed by syndicate and method of transfer;

    2. (b)

      the number, and nature, of all investigations by the Society into conduct in the capacity transfer market undertaken or continued during the quarter; and

    3. (c)

      the number, and nature, of all complaints received during the quarter about the operation of the capacity transfer market.