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SUP 16.14 Client money and asset return

Application

SUP 16.14.1R

213This section applies to a CASS large firm and a CASS medium firm.

Purpose

SUP 16.14.2G

The purpose of the rules and guidance in this section is to ensure that the FCA8 receives regular and comprehensive information from a firm which is able to hold client money and safe custody assets on behalf of its clients.

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Report

SUP 16.14.3R
  1. (1)

    Subject to (3), a4 firm must submit a completed CMAR to the FCA8 within 15 business days of the end of each month.

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  2. (2)

    In this rule month means a calendar month and SUP 16.3.13 R (4) does not apply.

  3. (3)

    4A firm which changes its 'CASS firm type' and notifies the FCA8 that it is a CASS medium firm or a CASS large firm in accordance with CASS 1A.2.9 R is not required to submit a CMAR in respect of the month in which the change to its 'CASS firm type' takes effect in accordance with CASS 1A.2.12 R, unless it was a firm to which the requirement in (1) applied immediately prior to that change taking effect.

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SUP 16.14.4R

For the purposes of the CMAR:

  1. (1)

    client money is that to which the client money rules in CASS 7 apply; and

  2. (2)

    safe custody assets are those to which the custody rules in CASS 6 apply4 but only in relation to:7

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    1. (a)

      the holding of financial instruments (in the course of MiFID business);6

    2. (b)

      the safeguarding and administration of assets (without arranging) (in the course of business that is not MiFID business);6

    3. (c)

      acting as trustee or depositary of an AIF, and in this case also include any safe custody investments to which the firm, when acting for an authorised AIF, is required by CASS 6.1.16IAR (2) to apply the custody rules under CASS 6.1.1BR (2);6

    4. (d)

      acting as trustee or depositary of a UCITS and in this case also include any safe custody investments to which the firm is required by CASS 6.1.16IDR to apply the custody rules under CASS 6.1.1BR(3)7; and

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    5. (e)

      those excluded custody activities carried on by a firm acting as a small AIFM, that would amount to the safeguarding and administration of assets (without arranging) but for the exclusion in article 72AA of the RAO.6

SUP 16.14.5G

For the avoidance of doubt, the effect of SUP 16.14.4 R is that the following are4 to be excluded from any calculations which the CMAR requires:4

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  1. (1)

    any client money held by the firm in accordance with CASS 5;4

  2. (2)

    any safe custody assets in respect of which the firm is merely arranging safeguarding and administration of assets in accordance with CASS 6;4

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  3. (2A)

    any safe custody assets for which a small AIFM is: 6

    1. (a)

      carrying on those excluded custody activities that would merely amount to arranging safeguarding and administration of assets but for the exclusion in article 72AA of the RAO; and

    2. (b)

      is doing so in accordance with CASS 6; and

  4. (3)

    any client money or safe custody assets in respect of which the firm merely has a mandate in accordance with CASS 8.4

Method of submission

SUP 16.14.6R

3A CMAR must be submitted by electronic means made available by the FCA8.

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