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SUP 10A.15 References and accurate information

References

SUP 10A.15.1G
  1. (1)

    1SYSC 22 (Regulatory references) says that if1 a firm (A):

    1. (a)

      is considering appointing a person (P)1 to perform any1 controlled function or certain other functions1;

    2. (b)

      requests1 a reference from a firm (B) that is P’s1 current or former employer1; and

    3. (c)

      indicates to B the purpose of the request;

    B should1, as soon as reasonably practicable, give a reference to A1.

  2. (2)

    This applies even if A is a firm to which SUP 10C (FCA senior management regime for approved persons in relevant authorised persons) applies rather than this chapter. 1

  3. (3)

    SYSC 22 also requires certain insurers to get a reference before applying to have someone approved as an approved person. 1

SUP 10A.15.2G

[deleted]1

SUP 10A.15.3G

[deleted]1

SUP 10A.15.3AG

[deleted]1

2

The need for complete and accurate information

SUP 10A.15.4G

The obligations to supply information to1 the FCA under either SUP 10A.14.8R or SUP 10A.14.10R1

apply notwithstanding any agreement (for example a 'COT 3' Agreement settled by the Advisory, Conciliation and Arbitration Service (ACAS)) or any other arrangements entered into by a firm and an employee upon termination of the employee's employment. A firm should not enter into any such arrangements or agreements that could conflict with its obligations under this section.

SUP 10A.15.5G

Failing to disclose relevant information to the FCA may be a criminal offence under section 398 of the Act.