performing5 the significant management function in so far as it relates to dealing in investments as principal, disregarding article 15 of the Regulated Activities Order (Absence of holding out etc) (or agreeing to do so) or an activity which is not designated investment business;
Typically a firm will appoint a director who is an approved person of that firm5 to direct its insurance distribution activity6 or MCD credit intermediation activity45. A firm that is not a relevant authorised person may also appoint a person performing another FCA governing function or PRA governing function.5
Where5 responsibility for a firm’s insurance distribution activity6 or MCD credit intermediation activity5 is allocated to a person performing a controlled function that is not in paragraph (1)5, the firm5 must ensure that the firm's insurance distribution activity6 or MCD credit intermediation activity5 is appropriately allocated. If the apportionment and oversight function applies to the firm, the person performing the apportionment and oversight function with responsibility for the apportionment of responsibilities should carry out the allocation.55
The descriptions of significant influence functions, other than the required functions, do not extend to activities carried on by an insurance intermediary with permission only to carry on insurance distribution activity6 and whose principal purpose is to carry on activities other than regulated activities (see SUP 10A.1.18 R8). In this case, the firm may allocate the responsibility for the firm's insurance distribution activity6 to one or more of the persons performing the apportionment and oversight function who will be required to be an approved person.8
- (3) 2
Where a firm has appointed an appointed representative to carry on insurance mediation activity or MCD credit intermediation activity4 on its behalf, the person responsible for the firm's insurance mediation activity or MCD credit intermediation activity4 will also be responsible for the insurance distribution activity6 or MCD credit intermediation activity4 carried on by an appointed representative.
The FCA will specify in the Financial Services Register the name of the persons to whom the responsibility for the firm's insurance distribution activity6 or MCD credit intermediation activity4 has been allocated by inserting after the relevant controlled function the words "(insurance distribution6)" or “(MCD intermediation)”.4 In the case of a sole trader, the FCA will specify in the Financial Services Register the name of the sole trader as the 'contact person' in the firm.