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Status: You are viewing the version of the handbook as on 2009-03-31.

SUP 16.6 Compliance reports

Application

SUP 16.6.1GRP

The effect of SUP 16.1.1 R is that this section applies to every firm within a category listed in the left hand column of the table in SUP 16.6.2 G.

SUP 16.6.2GRP

Applicable provisions of this section (see SUP 16.6.1 G)

Category of firm

Applicable provisions

Bank, ELMI

SUP 16.6.4 R - SUP 16.6.5 R

Trustee of an AUT

Depositary of an ICVC

SUP 16.6.6 R - SUP 16.6.9 G

OPS firm

SUP 16.6.6 R - SUP 16.6.8 R

Purpose

SUP 16.6.3G

The FSA performs part of its supervision work by reviewing and analysing information about firms' records of compliance with the requirements and standards under the regulatory system. The type of report the FSA requires will vary, depending on the type of business a firm undertakes. The requirements in SUP 16.6 represent an interim approach to compliance reporting, based mainly on the reporting requirements, which previous regulators applied to firms. This information helps the FSA to determine whether a firm is complying with the requirements applicable to its business, and what procedures it is operating to ensure its compliance.

Banks

SUP 16.6.4RRP

A bank and an ELMI must submit compliance reports to the FSA in accordance with SUP 16.6.5 R.

SUP 16.6.5RRP

Compliance reports from a bank and an ELMI (see SUP 16.6.4 R)

Report

Frequency

Due date

List of all overseas regulators for each legal entity in the firm's group

Annually

6 months after the firm'saccounting reference date

Organogram showing the authorised entities in the firm's group

Annually

6 months after the firm'saccounting reference date

Trustees of authorised unit trust schemes, depositaries of ICVCs, and OPS firms

SUP 16.6.6RRP

A firm within a category listed in the left-hand column of SUP 16.6.7 R must submit compliance reports in accordance with SUP 16.6.7 R.

SUP 16.6.7RRP

Compliance reports from trustees of AUTs, depositaries of ICVCs, and OPS firms (see SUP 16.6.6 R)

Report

Frequency

Due date

Report from a trustee of an AUT on manager's failures as set out in SUP 16.6.8 R (1)

Quarterly

1 month after quarter end (Note)

Report from a depositary of an ICVC on failures by the authorised corporate director as set out inSUP 16.6.8 R (2)

Quarterly

1 month after quarter end (Note)

OPS firms only:

Annual accounts of each occupational pension scheme in respect of which the firm is acting

Annually

7 months after end of the scheme year

OPS firms only:

Audited annual accounts of each OPS collective investment scheme in respect of which the firm is acting

Annually

7 months after end of the scheme year

Note = The quarter ends are 31 March, 30 June, 30 September, 31 December.1

SUP 16.6.8RRP
  1. (1)

    The report from a trustee of an AUT to the FSA must state, in relation to the manager of each AUT for which it is a trustee, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared, or might have appeared, that the manager had failed (materially or otherwise) to:

    1. (a)

      give correct instructions to the trustee to create or cancel units in the AUT when the manager should have done so, and the error:

      1. (i)

        resulted in the creation of too few units or in the cancellation of too many units; and

      2. (ii)

        was not corrected in accordance with the FSA's guidance as set out in COLL 6.2.12 or CIS App as the case may be;

    2. (b)

      price units in the AUT in accordance with COLL 6.2 or CIS 4 as the case may be for single-priced AUTs andCIS 15 for dual-priced AUTs, where the pricing error was:

      1. (i)

        greater than 0.5% of the price of a unit; or

      2. (ii)

        less than 0.5% of the price of a unit, and the trustee did not consider the manager's controls to be adequate;

    unless the failure was an isolated incident.

  2. (2)

    The report from a depositary of an ICVC to the FSA must state, in relation to the authorised corporate director of each ICVC for which the firm is a depositary, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared or might have appeared that the authorised corporate director had failed (materially or otherwise) to:

    1. (a)

      arrange for the issue or cancellation of shares in the ICVC when the authorised corporate director should have done so, and the error:

      1. (i)

        resulted in the creation of too few shares or in the cancellation of too many shares; and

      2. (ii)

        was not corrected in accordance with the FSA's guidance as set out in COLL 6.2.12 or CIS App as the case may be;

    2. (b)

      price shares in the ICVC in accordance with the provisions of COLL 6.3 or CIS 4 for ICVCs as the case may be, where the pricing error was:

      1. (i)

        greater than 0.5% of the price of a share; or

      2. (ii)

        less than 0.5% of the price of a share, and the depositary did not consider the authorised corporate director's controls to be adequate;

    unless the failure was an isolated incident.

  3. (3)

    An OPS firm must notify the FSA of any change in the date of commencement of the scheme year of an OPS or OPS collective investment scheme, in respect of which the firm is acting, not less than 15 business days before the date on which such a change is to become effective.2

SUP 16.6.9G

SUP 16 Annex 12 provides guidance on the completion of the report from a trustee of an AUT on a manager's failures as set out in SUP 16.6.8 R(1), and the report from a depositary of an ICVC on failures by the authorised corporate director as set out in SUP 16.6.8 R(2). This guidance includes suggested formats for the submission of the reports.