Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

SUP 10C.4A FCA governing functions: General

PRA-authorised persons

SUP 10C.4A.1G

1SUP 10C.9 (Minimising overlap with the PRA approved persons regime) explains that in many cases a person performing one of the functions set out in SUP 10C.5 or SUP 10C.5A for a PRA-authorised person will not in fact require approval from the FCA to perform the function and will just require PRA approval.

Sole traders

SUP 10C.4A.2G
  1. (1)

    2An individual sole trader themselves will not need approval to perform any of the FCA governing functions3. Therefore the FCA governing functions3 do not apply to a sole trader with no employees.

  2. (2)

    It is possible, although perhaps not likely in practice, that the FCA governing functions3 could apply to staff working for the sole trader.

  3. (3)

    In particular, it is possible for the sole trader to give sufficient authority to a staff member that the staff member meets the Glossary definition of a director.

  4. (4)

    This might happen, for example, if the sole trader’s business is so large that the sole trader sets up a governing body to run it.