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MIPRU 5.1 Application and purpose

Application

MIPRU 5.1.1 R RP

2This chapter applies to a firm with a Part 4A permission to carry on:

  1. (1)

    insurance business; or

  2. (1A)

    insurance distribution activity; or4

  3. (2)

    home financing;1

    11
  4. (3)

    [deleted]4

MIPRU 5.1.1A R
  1. (1)

    5This chapter also applies to a firm which is a P2P platform operator facilitating a regulated mortgage contract, home purchase plan, home reversion plan or regulated sale and rent back agreement where the lender or provider under that contract does not fall within the definition of a mortgage lender, home purchase provider, reversion provider or regulated sale and rent back firm.

  2. (2)

    Where (1) applies, references to a firm using the services of another person consisting of insurance distribution, insurance distribution activity or home finance mediation activity are to be read as references to the P2P platform operator using those services.

Purpose

MIPRU 5.1.2 G RP

The purpose of this chapter is to implement article 164 of the IDD4 in relation to insurance undertakings and insurance intermediaries. The provisions of this chapter have been extended to home finance providers1 in relation to insurance distribution activity4, and to insurance undertakings and home finance providers in relation to home finance mediation activity1, to ensure that firms using these services are treated in the same way and to ensure that clients have the same protection. To avoid the loss of protection where an intermediary itself uses the services of an unauthorised person, this chapter also ensures that each person4 in the chain of those providing services is authorised.

1 1 1
MIPRU 5.1.3 G

This chapter supports the more general duties in Principles 2 and 3, and the relevant rule in the Senior Management Arrangements, Systems and Controls sourcebook (see SYSC 3.1.1 R and SYSC 4.1.1 R).3

MIPRU 5.2 Use of intermediaries

MIPRU 5.2.1 R RP

A firm must not use, or propose to use, the services of another person4 consisting of:

  1. (1)

    insurance distribution4; or

  2. (1A)

    4reinsurance distribution; or

  3. (2)

    insurance distribution activity4; or

  4. (3)

    home finance mediation activity;1

    1

unless MIPRU 5.2.2 R is 3satisfied.

3

[Note: 4Article 16 of theIDD4]

2 2
MIPRU 5.2.1-A R

4 MIPRU 5.2.1R does not apply to a firm carrying on an insurance distribution activity if it uses or proposes to use the services of a person consisting of home finance mediation activity. In that case, MIPRU 5.2.2R does not need to be satisfied.

MIPRU 5.2.1A G RP

3The appropriate regulator regards a firm as 'using' the services of, in particular, its immediate counterparty (typically the intermediary that passed the business to the firm) and of all other persons who have been granted the right or authority directly by the firm to effect a contract of insurance or enter into a home finance transaction.

MIPRU 5.2.2 R RP

For the purposes of MIPRU 5.2.1 R, the person4, in relation to the activity must:3

3
  1. (1)

    have3permission; or

    3
  2. (2)

    be3 an exempt person; or

    3
  3. (3)

    be3 an exempt professional firm; or

    3
  4. (4)

    be3 registered in another EEA State for the purposes of theIDD4; or

    322
  5. (5)

    in relation to insurance distribution activity4, not be 3carrying this activity on in the EEA; or

    3
  6. (6)

    in relation to home finance mediation activity1, not be 3carrying this activity on in the United Kingdom.

    13

[Note: article 164 of theIDD4]

2 2
MIPRU 5.2.3 E RP
  1. (1)

    A firm should:

    1. (a)

      before using the services of the intermediary, check:

      1. (i)

        the Financial Services Register; or

      2. (ii)

        in relation to insurance distribution or reinsurance distribution4 carried on by an EEA firm, the register of its Home State regulator;

      for the status of the person4

      ; and

    2. (b)

      use the services of that person4 only if the relevant register indicates that the person4 is registered for that purpose.

  2. (2)
    1. (a)

      Checking the Financial Services Register before using the services of the intermediary and using the services of that person4 only if the Financial Services Register indicates that the person4 is registered for that purpose may be relied on as tending to establish that:

      1. (i)

        the person4, in relation to the activity, has permission; or

      2. (ii)

        the person4, in relation to insurance distribution activity4, is an exempt person or an authorised professional firm.

    2. (b)

      In relation to insurance distribution or reinsurance distribution4 carried on by an EEA firm, checking the register of the firm'sHome State regulator and using the services of the EEA firm only if the register indicates that the firm is registered for that purpose may be relied on as tending to establish that the firm is registered for the purposes of theIDD4.

      22
MIPRU 5.2.4 R

[deleted]3

MIPRU 5.2.5 R

[deleted]3

MIPRU 5.2.6 G RP

The Financial Services Register can be accessed through the FCA website under the link www.fsa.gov.uk/register/home.do