SUP 10C Annex 2G Summary of forms and their use in the senior managers regime

SUP 10C Annex 2G

1Function

Form

Submission

(1) Person about to perform an FCA-designated senior management function if they have1 never been approved by the FCA or PRA before.

A

Submitted by the firm making the application before activities requiring approval commence.

(2) The candidate is to perform an FCA-designated senior management function and either:

(a) has current approval to perform an FCA controlled function that is a significant-influence function3, an FCA-designated senior management function, or a PRA controlled function; or

(b) has had such an approval within the previous six months.

Shortened Form A (if the other conditions are met) 1

Submitted by the firm making the application before activities requiring approval commence.

(3) Candidate ceased to be an approved person more than six months1 ago.

A

Submitted by the firm making the application before activities requiring approval commence.

(4) Either:

(a) candidate is seeking to perform an FCA-designated senior management function for the first time and has never been approved to perform an FCA controlled function that is a significant-influence function3 or a PRA controlled function before; or

(b) candidate ceased to have approval from the FCA or PRA to perform an FCA controlled function that is a significant-influence function3, an FCA-designated senior management function or a PRA controlled function more than six months ago.

A

Submitted by the firm making the application before activities requiring approval commence.

(5) Firm withdrawing an outstanding application to perform an FCA-designated senior management function.

B

Submitted by the firm: signed by all interested parties.

(6) Person permanently4 ceasing to perform an FCA-designated senior management function.

C (unless it should be notified under Form E)

Submitted by the firm within ten4 business days of approved person permanently4 ceasing to perform controlled function(s).

(7) Either:

(a) an FCA-approved SMF manager’s title, name or national insurance number changes; or

(b) there is information which may be material to the continuing assessment of an FCA-approved SMF manager’s fitness and propriety; or4

(c) an FCA-approved SMF manager is temporarily absent.4

D

Form C to be used instead where the person is permanently4 ceasing to perform a controlled function.1

Submitted by firm within seven business days of the firm becoming aware of the matter or, in the case of (c), within seven business days of the end of the 12-week period and on their return4.

(8) Firm obliged to notify the FCA about an SMF manager1 under:

(a) section 63(2A) of the Act (Duty to notify regulator of grounds for withdrawal of approval); or

(b) [deleted]

(c) section 64C of the Act (Requirement for relevant authorised persons to notify regulator of disciplinary action).

Form D.

Form C to be used instead where the person is permanently4 ceasing to perform a controlled function.1

Submitted by firm within seven business days of the firm becoming aware of the matter.

A firm should not use Form H as that form only applies to notifications relating to breaches by those who are not SMF managers.

(9) Person remaining with the same firm but changing FCA-designated senior management functions.

E

Submitted by firm to the FCA before changes take place.

(10) Person remaining with the same PRA-authorised person2 but giving up a PRA controlled function and taking up an FCA-designated senior management function.

E

Submitted by firm to the FCA before changes take place.

(11) Person remaining with the same PRA-authorised person2 but giving up an FCA-designated senior management function and taking up a PRA-designated senior management function.

E

Submitted by firm to the PRA before changes take place (see the PRA’s requirements).

(12) Person remaining with the same PRA-authorised person2 in the circumstances described in example 9 in the table in SUP 10C.7.3G (ceasing to perform a PRA controlled function triggering need for FCA approval to perform the other overall responsibility function).

E

Submitted by firm to the FCA in advance of giving up the PRA controlled function.

(13) Person with approval to perform the other overall responsibility function remaining with the same firm but ceasing to require approval to perform that function because of being approved to perform another controlled function (see the table in SUP 10C.7.3G for examples).

E

Submitted by firm to:

(a) the PRA (if the new function is a PRA controlled function and the firm is a PRA-authorised person2); or

(b) the FCA (if the new function is an FCA controlled function).

(14) Person remaining with the same PRA-authorised person2 in the circumstances described in example 8 in the table in SUP 10C.9.9G (giving up a PRA controlled function triggering need for FCA approval).

E

Submitted by firm to the FCA in advance of giving up the PRA controlled function.

(15) Firm applying for the variation of a conditional approval.1

Form I

(16) Firm withdrawing an outstanding application to vary a conditional approval.

Form B

Submitted by the firm: signed by all interested parties.

(17) Significant change to an approved person’s responsibilities.1

Form J

Form J should not be used if the firm is also submitting a Form A, E or I for the same SMF manager.1

The revised statement of responsibilities should be included. A statement of responsibilities must be submitted in the format prescribed by the FCA (SUP 10C Annex 10D)1.

1(18) Person (P) has approval to perform an FCA governing function3 under SUP 10A (FCA Approved Persons in Appointed Representatives)3 for an appointed representative of an SMCR firm (F). P then takes up an FCA-designated senior management function position with F itself and gives up their role with the appointed representative.

E

Submitted by F to the FCA before changes take place.

F should use a Form E because the function P performs for the appointed representative is treated as being performed in relation to F and so P is applying for approval to perform3 an FCA-designated senior management function in relation to3 the same firm (F).