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SIFA 6.1 Authorisation

SIFA 6.1.1 G

The Authorisation manual (AUTH) sets out the background and provides guidance on how we authorise firms. All firms and individuals enter the regulated environment through an authorisation or approval process. Our assessment at entry aims to allow only those firms and individuals satisfying the necessary criteria (including honesty, competence and financial soundness) to engage in regulated activity.

SIFA 6.1.2 G

If you carry on an activity regulated by the FSA (a regulated activity) in the UK, then you must either be authorised, be an appointed representative or have some other exemption - for example, if you are a professional firm (solicitors, accountants or actuaries) carrying on investment business that is incidental to your main business.

SIFA 6.1.3 G

To apply to become directly authorised by the FSA, you need to submit an application to us for what is called a Part IV permission (permission for a firm to carry on regulated activities under the Financial Services and Markets Act 2000 (FSMA)). We will assess the application against the Threshold Conditions and advise you of our decision.

SIFA 6.1.4 G

There are several different types of application pack depending on the type of business you plan to undertake and the type of legal entity you intend trading as. The packs that have been tailored for smaller firms are the Small Firms Application Pack and the Sole Trader Application Pack for sole traders with no other approved persons. Applicants must also submit the appropriate Small Firms Controller Forms for each of the firm's controllers (the people who own the firm). These packs and forms are available on our website.

SIFA 6.2 The Authorisation Approval Process: Our Functions

SIFA 6.2.1 G

Our functions are as follows.

We:

Authorise firms that satisfy the necessary conditions (the threshold conditions) by granting permission to carry on specified regulated activities.

Approve individuals as being fit and proper to carry out controlled functions in firms. (Controlled functions are functions that enable the person responsible for them to exercise a significant influence on a firm's affairs or which involve that person in dealing with customers or customers' property).

Answer technical enquiries about whether firms require authorisation or individuals require approval.

Seek to ensure that investment business is not being carried out by either unauthorised firms or firms acting outside of their permitted activities.

Collect and maintain intelligence information about authorised firms and individuals.

SIFA 6.3 Threshold Conditions

SIFA 6.3.1 G

Before granting Part IV permission we must ensure that the applicant firm satisfies and will continue to satisfy the threshold conditions. These are set out below:

Threshold Conditions

A firm's legal status can take any form e.g. sole trader, partnership, limited liability partnership or a limited company.

The head office and registered office must be in the UK if your firm is a body corporate formed in the UK.

Close links with connected persons such as directors, controllers, other group companies or partners must not impede FSA supervision.

A firm must have adequate financial resources in relation to the regulated activities it carries on.

Suitability of the applicant firm: must be fit and proper.

SIFA 6.3.2 G

The threshold conditions are set out under Schedule 6 of FSMA. There is guidance on the conditions in COND. You are responsible for ensuring that you continue to meet the threshold conditions to retain your authorisation and scope of permission.

SIFA 6.4 Scope of Permission

SIFA 6.4.1 G

Following a successful application, we will grant a Part IV permission to the firm. The scope of your firm's permission is set out in a Scope of Permission Notice that defines the scope in terms of regulated activities, together with any limitations on customer type or product and any other requirements or restrictions.

Typical investment business regulated activities for investment intermediaries are:

Arranging deals in investments.

Making arrangements with a view to transactions in investments.

Advising on investments.

Providing basic advice on stakeholder products is a separate regulated activity. This does not prevent a person from selling stakeholder products in other circumstances provided he has the relevant permission, for example, by giving full advice in a way that amounts to advising on investments.

Advising on pension transfers and opt-outs.

Agreeing to carry on most regulated activities is itself a regulated activity (you will need to make sure that you have appropriate permission at the stage of agreement and before you actually carry on the underlying activity such as arranging or advising).

SIFA 6.4.2 G

Your permission will specify the regulated activities and the investments where you can do business with private customers. A permission may also include one or more limitations or requirements - for example, not holding client money.

SIFA 6.4.3 G

You are responsible on a continuing basis for ensuring that your firm holds the correct permission that includes the regulated activities that you wish to carry out. If you hold permission for activities you do not carry out you may pay higher fees than necessary.

SIFA 6.4.4 G

To carry on mortgage or general insurance business you must have the correct permission to do these types of business. For example, you will need to vary your Part IV permission to include permission to carry on general insurance if you sell, advise on, arrange, deal as agent in or assist in administering and carrying out term assurance or other types of insurance such as home contents, motor or mortgage protection. You can vary your permission by completing our standard variation of permission form. This is available on our website through Firms Online.

SIFA 6.5 Which Parts of the Handbook Apply

SIFA 6.5.1 G

Both the Authorisation and Supervision manuals are relevant. The Perimeter Guidance manual, whilst not part of the Handbook, provides guidance about circumstances in which authorisation is required, or exempt person status is available. It also includes guidance on the activities which are regulated under FSMA and the exclusions which are available.

SIFA 6.5.2 G

In the Authorisation manual (AUTH) there is:

  • a guide to the sourcebook in AUTH 1; and
  • an explanation of the authorisation process and the permission regime in AUTH 3. This includes the following sections:

When is Part IV permission required and what does it contain: AUTH 3.3

Information on specified investments: AUTH 3.5

Information on limitations: AUTH 3.6. An example of a limitation is where we limit the number of clients a firm can deal with during an initial period until its systems have demonstrated they are effective.

How we may impose requirements: AUTH 3.7. For example, some firms are required not to hold client money.

SIFA 6.5.3 G

After Part IV permission has been granted, a firm can apply to vary or cancel that Part IV permission, including any limitation or requirement, at any time. The procedures that need to be followed are set out in Chapter 6 of the Supervision manual (SUP). The forms for variation and cancellation of permission are available on our website through Firms Online.

SIFA 6.5.4 G

The Perimeter Guidance Manual (PERG) is closely based on the text which previously appeared as AUTH Chapters 2 and 7 and AUTH Appendices 1 to 6.

SIFA 6.5.5 G

Chapter 15 of the Guide covers Variation and Cancellation of Permission.

SIFA 6.6 Further Information

SIFA 6.6.1 G

Firms that are not authorised and are enquiring about applying for authorisation should contact the Authorisation & Approvals Helpline on 020 7066 3954 or by email to corporate.authorisation@fsa.gov.uk. All queries about whether an activity is a regulated activity and whether a firm needs to be authorised should be sent to the Authorisation Enquiries Department at AuthorisationEnquiries@fsa.gov.uk or by calling 020 7066 0082.

SIFA 6.6.2 G

You can download the Application Packs and Guidance notes from the 'Doing business with the FSA' part of our website free of charge or you can order a printed copy from our Publications Helpline on 0845 0608 2372 (at a charge). Please see Chapter 19 of the Guide for further details.

SIFA 6.6.3 G

When we grant an application for Part IV permission, we will update the FSA Register with the activities the firm has permission to carry on. You can access the Register from our website and, as it contains publicly available information, you can use it to check whether firms you are dealing with are authorised or appointed representatives.

SIFA 6.7 Further Issues

SIFA 6.7.1 G

There are the following further issues relating to authorisation:

  • The scope of your firm's permission affects the fees you pay us. Broadly, the wider the scope, the higher the fees.
  • The scope of your permission may also affect the category of business into which your firm falls for financial resources purposes.
  • We consider the scope of a firm's permission when deciding which risk category the firm falls into. We monitor firms in a higher risk category more closely.

The following sections of the Guide are also relevant:

'Approved persons' - Chapter 7

'Variation of permission' - Chapter 15.1

'Cancellation of permission' - Chapter 15.2

'Fees' - Chapter 18

If you do mortgage or general insurance business you should also refer to MIGI 4.