Content Options

Content Options

SUP 16.1 Application

SUP 16.1.1 R RP

This chapter applies to every firm within60 a category listed in column (2) of the table in SUP 16.1.3 R and in accordance with column (3) of that table.

34 49
SUP 16.1.1A D RP

22The directions and guidance in SUP 16.13 apply to a payment service provider as set out in that section44.

SUP 16.1.1AA G

44 Credit institutions and electronic money institutions should note that some of the directions in SUP 16.13 apply to them as well as to payment institutions and registered account information service providers.

SUP 16.1.1B D RP

27The directions and guidance in SUP 16.15 apply to electronic money issuers that are not credit institutions.

SUP 16.1.1C G RP

31The directions and guidance in SUP 16.18 apply for the following types of AIFM:

  1. (1)

    a small registered UK AIFM;

  2. (2)

    an above-threshold non-EEA AIFMmarketing in the UK; and

  3. (3)

    a small non-EEA AIFMmarketing in the UK.

SUP 16.1.1D D

35 SUP 16.21 applies to a CBTL firm.

SUP 16.1.1E D RP

39The rules, directions and guidance in SUP 16.22 apply to a payment service provider located in the UK other than:

  1. (1)

    a credit union;

  2. (2)

    National Savings and Investments; and

  3. (3)

    the Bank of England.

SUP 16.1.1F R

50The rules and guidance in SUP 16.26 (Reporting of information about Directory persons) apply to an SMCR firm.

SUP 16.1.2 G RP

35

51
  1. (1)

    Subject to (2) and (3)55, the50 only category of firm to which no section of this chapter applies is an ICVC.55

    505154
  2. (2)

    SUP 16.26 (Reporting of information about Directory persons) applies to a firm which is an SMCR firm (see SUP 16.1.1FR).50

  3. (3)

    55SUP 16.27 (General insurance value measures reporting) applies to the type of firms listed in SUP 16.1.3R.

SUP 16.1.2A G

55In SUP 16.1 a reference to Gibraltar-based firm in relation to SUP 16.27 (General insurance value measures reporting) has the same meaning as in the Gibraltar Order.

SUP 16.1.3 R RP

Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, 60SUP 16.22 and56 SUP 16.2656)50534261393927

8889999

(1) Section(s)

(2) Categories of firm to which section applies

(3) Applicable rules and guidance

SUP 16.1 , SUP 16.2 and SUP 16.3

All categories of firm except:

Entire sections

(a)

an ICVC;

(b)

[deleted]51

51

51

20

51

51

49

51

3

51

14 14 39

51

39

51

(c)

[deleted]51

SUP 16.4 and SUP 16.5 2

All categories of firm except:

Entire sections

(-a)

a credit union;2

(a)

an ICVC;

(b)

[deleted] 51

(c)

[deleted] 51

(d)

a non-directive friendly society;

(e) 4

[deleted] 4

(f)

a sole trader;

(g)

a service company;

(h)

[deleted] 51

8 8

(i) 8

a firm with permission to carry on only retail investment activities;8

(ia)38

a firm with permission only to advise on P2P agreements (unless that activity is carried on exclusively with or for professional clients);38

(j) 8

a firm with permission to carry on only insurance distribution activity 52 , home finance mediation activity,16 or both;8

16

(ja) 30

an FCA-authorised person with permission to carry on only credit-related regulated activity;

48 (jb)

a firm with permission to carry on only regulated claims management activities;

(k) 8

a firm falling within a combination of (i), (ia), (j), (ja) and (jb)48.

30 38 30

46 (l)

a firm with permission to carry on only the regulated activity of administering a benchmark;

SUP 16.6

Bank

27

SUP 16.6.4 R to SUP 16.6.5 R

41

41

36

41

41

26 28

41

28

41

28

Depositary of an authorised fund41

SUP 16.6.6R to SUP 16.6.11R41

33 SUP 16.7A

A firm subject to the requirement in SUP 16.7A.3 R or SUP 16.7A.5 R

Sections as relevant

SUP 16.8

Insurer with permission to effect or carry out life policies , unless it is a non-directive friendly society 3

Entire section

3 Firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme14

14

Entire section 3

SUP 16.9 5

Firm with permission to advise on investments ; arrange (bring about) deals in investments ; make arrangements with a view to transactions in investments ; or arrange safeguarding and administration of assets 5

Entire section 5

SUP 16.10 9

All categories of firm except: 9

Entire section 9

(a) 9

an ICVC ; 9 and 51

(b) 9

[deleted]51

21 42

(c) 9

[deleted]42

21 9

21(d)

a dormant account fund operator.

32 SUP 16.11

(1)

A firm, other than a managing agent, which is:

(a)

a home finance provider; or

Entire section

(b)

an insurer; or

Entire section

(c)

the operator of a regulated collective investment scheme or an investment trust savings scheme; or

Entire section

(d)

a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product; or

Entire section

(e)

a firm with permission to enter into a regulated credit agreement as lender in respect of high-cost short-term credit or home credit loan agreements; or

Entire section

(2)

a firm in whom the rights and obligations of the lender under a regulated mortgage contract are vested.

The provisions governing performance data reports in SUP 16.11 and SUP 16 Annex 21

17 SUP 16.12

A firm undertaking the regulated activities as listed in SUP 16.12.4 R, unless exempted in SUP 16.12.1 G

Sections as relevant to regulated activities as listed in SUP 16.12.4 R23

23 24 25 SUP 16.14

A CASS large firm and a CASS medium firm

Entire section29

29 SUP 16.18

A full-scope UK AIFM and a small authorised UK AIFM

SUP 16.8.3 R

[deleted]60

34
59 43

40 SUP 16.23

A firm subject to the Money Laundering Regulations and within the scope of SUP 16.23.1R

Entire Section

47 SUP 16.23A

A firm undertaking the regulated activities in SUP 16.23A.1R51

Entire section

43 SUP 16.24

A firm with permission to effect or carry out contracts of insurance in relation to life and annuitycontracts of insurance45 to the extent that the firm and its business falls within the scope of SUP 16.24.1R.

Entire Section

48 SUP 16.25

A firm with permission to carry on regulated claims management activities.

Entire section

53 SUP 16.27

A firm which, in respect of general insurance contracts, is:

Entire section

(a)

an insurer;

(b)

55a

55(i) TP firm which has temporary permission; or

55 (ii) a Gibraltar-based firm, treated as having permission,

to effect contract of insurance 55 including those providing services from an establishment outside the UK with a customer in the UK55;

(c)

a managing agent; or

(d)

an insurance intermediary,

to the extent that the firm and its business falls within the scope of SUP 16.27.7R.

57 SUP 16.28

A firm which, in respect of general insurance contracts, is:

Entire section

(1)

an insurer;

(2)

a managing agent;

(3)

an insurance intermediary;

(4)

a TP firm; or

(5)

a Gibraltar-based firm that is not a TP firm.

to the extent that the firm and its business falls within the scope of SUP 16.28.8R.

Note 127[deleted]26

26

27Note 2 50The application of SUP 16.13 is set out under SUP 16.13.1 G;61 the application of SUP 16.15 is set out under SUP 16.15.1 G; the application of SUP 16.16 is set out SUP 16.16.1 R and SUP 16.16.2 R the application of SUP 16.17 is set out in SUP 16.17.3 R and SUP 16.17.4 R61; and the application of SUP 16.26 is set out in SUP 16.26.1R50.

43 61

29Note 3 50The application of SUP 16.18 for the types of AIFMs specified in SUP 16.1.1C G is set out in SUP 16.18.2 G.

43
SUP 16.1.4 G RP
  1. (1)

    This chapter contains requirements to report to the FCA37 on a regular basis. These requirements include reports relating to a firm's financial condition, and to its compliance with other rules and requirements which apply to the firm. Where the relevant requirements are set out in another section of the Handbook, this chapter contains cross references. An example of this is financial reporting for insurers and friendly societies.

    6161
  2. (2)

    Where such requirements already apply to a firm under legislation other than the Act, they are not referred to in this chapter. An example of this is reporting to the FCA37 by building societies under those parts of the Building Societies Act 1986 which have not been repealed.

    6161
  3. (3)

    Requirements for individual firms reflect:

    1. (a)

      the category of firm;

    2. (b)

      the nature of business carried on;

    3. (c)

      whether a firm has its registered office (or if it does not have a registered office, its head office) in the United Kingdom; 17and51

    4. (d)

      [deleted]51

      1717
    5. (e)

      the regulated activities the firm undertakes.17

SUP 16.1.5 G

[deleted]19

19
SUP 16.1.6 G

[deleted]19

19
SUP 16.1.7 G RP

61Where a PRA-authorised person is required to notify or provide any information to (a) the FCA37 by a PRA Handbook provision and (b) the FCA by the equivalent provision in the FCA Handbook, the PRA-authorised person is expected to comply with both provisions.

SUP 16.2 Purpose

SUP 16.2.1 G RP
  1. (1)

    In order to discharge its functions under the Act, the FCA1 needs timely and accurate information about firms. The provision of this information on a regular basis enables the FCA1 to build up over time a picture of firms' circumstances and behaviour.

    777
  2. (2)

    Principle 11 requires a firm to deal with its regulators in an open and cooperative way, and to disclose to the FCA1 appropriately anything relating to the firm of which the FCA1 would reasonably expect notice. The reporting requirements are part of the FCA1 approach to amplifying Principle 11 by setting out in more detail the information that the FCA1 requires. They supplement the provisions of SUP 2 (Information gathering by the FCA or PRA2 on its own initiative) and SUP 15 (Notifications to the FCA1). The reports required under these rules help the FCA1 to monitor firms' compliance with Principles governing relationships between firms and their customers, with Principle 4, which requires firms to maintain adequate financial resources, and with other requirements and standards under the regulatory system.

    777777777777
  3. (3)

    The FCA has supervisory functions under the Payment Services Regulations and the Electronic Money Regulations. In order to discharge these functions, the FCA requires the provision of information on a regular basis. SUP 16.13 sets out the information that the FCA requires from payment service providers to assist it in the discharge of its functions as well as directions and guidance on the periodic reports that are required under the Payment Services Regulations. SUP 16.15 sets out the information that the FCA requires from electronic money issuers to assist it in discharging its functions and responsibilities under the Electronic Money Regulations.3

  4. (4)

    6The purpose of SUP 16.28 is to provide the FCA with relevant data that it can use to help to:

    1. (a)

      assess firms’ compliance with the home insurance and motor insurance pricing rules in ICOBS 6B;

    2. (b)

      identify potential harm affecting consumers; and

    3. (c)

      monitor the effects of the pricing rules in ICOBS 6B on the market for home insurance, motor insurance and related additional products.

SUP 16.2.1A G

[deleted]4

SUP 16.3 General provisions on reporting

Application

SUP 16.3.1 G RP

The effect of SUP 16.1.1 R is that this section applies to every firm except an ICVC42.

SUP 16.3.1A G

42The effect of SUP 16.1.1R is that this section applies to a TP firm and Gibraltar-based firm of a type listed in SUP 16.1.3R, as a firm to which SUP 16.27 applies.

Structure of the chapter

SUP 16.3.2 G RP

This chapter has been split into the following 14sections, covering:

5 3 5 14
  1. (1)

    annual controllers reports (SUP 16.4);

  2. (2)

    annual close links reports (SUP 16.5);

  3. (3)

    compliance reports (SUP 16.6);

  4. (4)

    [deleted]24

    24
  5. (4A)

    annual report and accounts (SUP 16.7A);26

  6. (5)

    persistency reports (SUP 16.8);

    53
  7. (6)

    annual appointed representatives reports (SUP 16.9);5

    53
  8. (7)

    verification38 of firm details34 (SUP 16.10);58

    14
  9. (8)

    product sales data reporting (SUP 16.11);

    51419
  10. (9)

    integrated regulatory reporting (SUP 16.12);

    20
  11. (10)

    reporting under the Payment Services Regulations (SUP 16.13)45;20

    19
  12. (11)

    client money and asset return (SUP 16.14);2021

    25
  13. (12)

    reporting under the Electronic Money Regulations (SUP 16.15)45; and38

    23
  14. (13)

    45prudent valuation reporting (SUP 16.16);

  15. (14)

    45remuneration reporting (SUP 16.17);

    252527
  16. (15)

    AIFMD reporting (SUP 16.18); 30

    2727
  17. (16)

    38reporting under the MCD Order for CBTL firms (SUP 16.21).

  18. (17)

    reporting under the Payment Accounts Regulations (SUP 16.22);3632

    3031
  19. (18)

    annual financial crime reporting (SUP 16.23);37

    363231
  20. (18A)

    employers’ liability register compliance reporting (SUP 16.23A);

    36
  21. (19)

    retirement income data reporting (SUP 16.24); 39

    3732
  22. (20)

    claims management reporting (SUP 16.25); 41

    3739
  23. (21)

    Directory persons information reporting (SUP 16.26);

    3941
  24. (22)

    value measures data reporting (SUP 16.27)41; and43

  25. (23)

    Home insurance and motor insurance pricing reporting (SUP 16.28).43

SUP 16.3.3 G RP

The annual controllers, annual close links, persistency and annual appointed representatives reports sections are the same for all categories of firm to which they apply.3

SUP 16.3.4 G RP

The compliance section is set38 out by category of firm, with detailed requirements set out in tables giving:

14 14 14
  1. (1)

    a brief description of each report;

  2. (2)

    the frequency with which the report is required; and

  3. (3)

    the due date for submission of the report.

SUP 16.3.5 G RP

Further requirements about the reports, such as form and content, are set out in the sections for each category of firm, where this is appropriate. In many cases, however, it is more appropriate to provide this information by means of a separate annex; in these cases the relevant section refers to the annex.

How to submit reports

SUP 16.3.6 R RP

A periodic report required to be submitted under this chapter, or under any other rule, must be submitted in writing in accordance with SUP 16.3.7 R to SUP 16.3.10 G, unless:

  1. (1)

    a contrary intention appears; or

  2. (2)

    the report is required under the listing rules. 2

SUP 16.3.7 R RP

A report or data item13 must:

13
  1. (1)

    give the firm reference number (or all the firm reference numbers in those cases where a report is submitted on behalf of a number of firms, as38 set out in SUP 16.3.25 G)13; and

    4545
  2. (2)

    if submitted in paper form, be submitted with the cover sheet contained in SUP 16 Annex 13 R4545 fully completed13.21

SUP 16.3.8 R RP

A written report must be delivered to the FCA28 by one of the methods listed in SUP 16.3.9 R.

22 45 45
SUP 16.3.9 R RP

Method of submission of reports (see SUP 16.3.8 R)

228

Method of delivery

1.

Post or hand deliver33 to the published address of the FCA45 for submission of reports. If hand delivering mark the report for the attention of ‘Central Reporting’ and obtain a dated receipt.33

45

2.

[deleted]33

22 45 45

3.

Electronic mail to the published e-mail address 33of the FCA's45 Central Reporting team.22

22 45

4.22

Online submission via the appropriate systems accessible from the22FCA28 website

45 45 8 22
SUP 16.3.10 G RP
  1. (1)

    The 33published address of the FCA45 for postal submission of reports is:

    45

    Central Reporting22

    The Financial Conduct45 Authority

    45

    PO BOX 35747

    London E14 5WP

  2. (2)

    The 33published address of the FCA45 for hand delivery of reports is:

    45
    1. (a)

      Central Reporting22

      The Financial Conduct Authority38

      4545

      12 Endeavour Square35

      London, E20 1JN35

      if the firm's usual supervisory contact at the FCA28 is based in London, or:

      4545
    2. (b)

      Central Reporting33

      The Financial Conduct Authority38

      4545

      Quayside House

      127 Fountainbridge

      Edinburgh EH3 8DJ

      if the firm's usual supervisory contact at the FCA45 is based in Edinburgh.2

      45
  3. (3)

    The current published email address 33for the FCA’s Central Reporting team is regulatory.reports@fca.org.uk. Please note that the 33Central Reporting team does not handle general correspondence between firms and the FCA, and will not respond to queries3338. Accordingly, firms should not make submissions to the Central Reporting team’s email address33 other than as directed in SUP 16.3.8R.

    2233454545332833454533

Complete reporting

SUP 16.3.11 R RP

A firm must submit reports required under this chapter to the FCA28 containing all the information required.

45 45
SUP 16.3.12 G RP

SUP 15.6 refers to and contains requirements regarding the steps that firms must take to ensure that information provided to the FCA28 is accurate and complete. Those requirements apply to reports required to be submitted under this chapter.

45 45

Timely reporting

SUP 16.3.13 R RP
  1. (1)

    A firm must submit a report required by this chapter in the frequency, and so as to be received by the FCA28 no later than the due date, specified for that report.

    4545
  2. (2)

    If the due date for submission of a report required by this chapter falls on a day which is not a business day, the report must be submitted so as to be received by the FCA28 no later than the first business day after the due date.

    4545
  3. (3)

    If the due date for submission of a report required by this chapter is a set period of time after the quarter end, the quarter ends will be the following dates, unless another rule or the reporting form states otherwise:

    1. (a)

      the firm's accounting reference date;

    2. (b)

      3 months after the firm's accounting reference date;

    3. (c)

      6 months after the firm's accounting reference date; and

    4. (d)

      9 months after the firm's accounting reference date.

  4. (4)

    If the due date for submission of a report required by this chapter is a set period of time after the end of a half-year, a quarter, or a month, the dates will be determined by (a) or (b) below except where otherwise indicated:5

    1. (a)

      the firm's accounting reference date;5 or38

    2. (b)

      monthly, 3 monthly or 6 months after the firm's accounting reference date, as the case may be.5

Failure to submit reports

SUP 16.3.14 R RP

If a firm does not submit a complete report by the date on which it is due in accordance with the rules in, or referred to in, this chapter or the provisions of relevant legislation and any prescribed submission procedures, the firm must pay an administrative fee of £250.29

15
SUP 16.3.14A G RP

9Failure to submit a report in accordance with the rules in, or referred to in,12 this chapter or the provisions of relevant legislation12 may also lead to the imposition of a financial penalty and other disciplinary sanctions. A firm may be subject to reporting requirements under relevant legislation other than the Act, not referred to in this chapter. An example of this is reporting to the FCA28 by building societies under those parts of the Building Societies Act 1986 which have not been repealed (see SUP 16.1.4 G).12 If it appears to the FCA28 that, in the exceptional circumstances of a particular case, the payment of any fee would be inequitable, the FCA28 may reduce or remit all or part of the fee in question which would otherwise be payable (see 10FEES 2.3).10

16 45 45 45 45 45 45 45
SUP 16.3.15 G RP

The FCA28 may from time to time send reminders to firms when reports are overdue. Firms should not, however, assume that the FCA28 has received a report merely because they have not received a reminder.1

45 45 45
SUP 16.3.16 G RP

The firm is responsible for ensuring delivery of the required report38 by the due date. If a report is received by the FCA28 after the due date and the firm believes its delivery arrangements were adequate, it may be required to provide proof of those arrangements. Examples of such proof would be:

45 45 45
  1. (1)

    "proof of posting" receipts from a UK post office or overseas equivalent which demonstrates that the report was posted early enough to allow delivery by the due date in accordance with the delivery service standards prescribed by the relevant postal authority; or

  2. (2)

    recorded postal delivery receipts showing delivery on the required day; or

  3. (3)

    records of a courier service provider showing delivery on the required day.

Change of accounting reference date

SUP 16.3.17 R RP
  1. (1)

    A firm must notify the FCA28 if it changes its accounting reference date.

    4545
  2. (2)

    When a firm extends its accounting period, it must make the notification in (1) before the previous accounting reference date.

  3. (3)

    When a firm shortens its accounting period, it must make the notification in (1) before the new accounting reference date.4

  4. (4)

    SUP 16.10.4A R to SUP 16.10.4C G (Requirement to check the accuracy of standing data and to report changes to the FCA38) apply to any notification made under (1).18

    4534284545
SUP 16.3.18 G RP

SUP 16.2.1 G emphasises the importance to the FCA28 of timely and accurate information. The extension of a firm's accounting period to more than 15 months may hinder the timely provision of relevant and important information to the FCA.38 This is because many due dates for reporting to the FCA28 are linked to firms'accounting reference dates. Indeed, for some categories of firm, the only reports required by the FCA28 have due dates for submission which are linked to the firm's accounting reference date. If38 the extension of a firm's accounting period appears likely to impair the effectiveness of the FCA28 supervisory work, the FCA28 may take action to ensure that it continues to receive the information it requires on a timely basis.38

45 45 28 45 45 45 45 45 45 45 45 45 45
SUP 16.3.19 G RP

If more than one firm in a group intends to change its accounting reference date at the same time, a single notification may be given to the FCA,38 as described in SUP 15.7.8 G.

28 45 45
SUP 16.3.19A R

[deleted]38

SUP 16.3.19B R

[deleted]38

SUP 16.3.20 R
  1. (1)

    [deleted]45

    45
  2. (2)

    [deleted]45

    45
SUP 16.3.21 G

[deleted]45

45

Service of Notices Regulations

SUP 16.3.22 G RP

The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 (SI 2001/1420) contain provisions relating to the service of documents on the FCA.38 They do not apply to reports required under SUP 1638, because of the specific rules in this section.

28 45 45

Confidentiality and sharing of information

SUP 16.3.23 G RP

When the FCA28 receives a report which contains confidential information and whose submission is required under this chapter, it is obliged under Part 23 of the Act38 (Public Record, Disclosure of Information and Co-operation) to treat that information as confidential (see41SUP 2.2.4G).41

45 45 45 45 38 45
SUP 16.3.24 G RP

SUP 2.3.12AG states that the FCA38 may pass to other regulators information which it has in its possession. Such information includes information contained in reports submitted under this chapter. The FCA’s disclosure of information to other regulators is subject to SUP 2.2.4G38 (Confidentiality of information). Also, some value measures data in SUP 16.27 is used by the FCA to create published guidance. This public disclosure is to assist the FCA to discharge its public functions.41

45 28 45 28 45 45 45

Reports from groups

SUP 16.3.25 G RP

If this chapter requires the submission of a report or data item13 covering a group, a single report or data item13 may be submitted, and so satisfy the requirements of all firms in the group. Such a report or data item13 should contain the information required from all of them, meet all relevant due dates and indicate all the firms on whose behalf it is submitted; if necessary a separate covering sheet should list the firms on whose behalf a report or data item13 is submitted. Nevertheless, the requirement to provide a report or data item13, and the responsibility for the report or data item13, remains6 with each firm in the group. However, reporting requirements that apply to a firm, by reason of the firm being a member of a financial conglomerate, are imposed on only one member of the financial conglomerate (see, for example, SUP 16.12.32 R14).6

14
SUP 16.3.26 G RP

Examples of reports covering a group are:

  1. (1)

    the compliance reports required from banks under SUP 16.6.4 R;

  2. (2)

    annual controllers reports required under SUP 16.4.5 R4545;

  3. (3)

    annual close links reports required under SUP 16.5.4 R;44

  4. (4)

    consolidated financial reports required from banks under SUP 16.12.5 R2424;

  5. (5)

    consolidated reporting statements required from securities and futures firms under 24SUP 16.12.11 R24.44

    17

SUP 16.4 Annual controllers report

Application

SUP 16.4.1 G RP

This section applies to every firm except those firms excluded from its operation by SUP 16.1.1 R and SUP 16.1.3 R. 632

SUP 16.4.2 G RP

This section may be of relevance to a directive friendly society:

  1. (1)

    if it has 10 members or less;

  2. (2)

    if it has a delegate voting system and has 10 delegates or less; or

  3. (3)

    if it has 20 members or less and effects or carries out group insurance contracts where one person may exercise one vote on behalf of the members of a group and one vote in their private capacity; or

where a member or delegate, whether alone or acting in concert8, is entitled to exercise, or control the exercise of, 10% or more of the total voting power.

8
SUP 16.4.2A G RP

8This section may be of relevance to non-directive firms.

SUP 16.4.3 G RP

Requirements for notifications of a change in control can be found in SUP 11 (Controllers and close links).

Purpose

SUP 16.4.4 G RP

A firm and its controllers are required to notify certain changes in control (see7SUP 11 (Controllers and close links)). The purpose of the rules and guidance in this section is:

7
  1. (1)

    to ensure that, in addition to such notifications, the FCA12 receives regular and comprehensive information about the identities of all of the controllers of a firm, which is relevant to a firm's continuing to satisfy the effective supervision threshold conditions15;

    15158
  2. (2)

    to implement certain requirements relating to annual reporting of controllers which must be imposed on firms under the Investment Services Directive, the Banking Consolidation Directive and14 the Solvency II Directive; and

    71111
  3. (3)

    to support the regulatory15 functions under Part 12 of14 the Act (Notices of acquisitions of control over UK authorised persons) (see SUP 11 (Controllers and close links)).

    151515888

Reporting requirement

SUP 16.4.5 R RP
  1. (1)

    [deleted]10

    151510
  2. (2)

    [deleted]10

    1510
  3. (3)

    [deleted]10

    10
  4. (4)

    [deleted]10

    10
  5. (4A)

    [deleted]10

    5151510
  6. (4B)

    [deleted]10

    51515151510
  7. (5)

    [deleted]810

    8
  8. (6)

    10A firm must submit annually by electronic means to the FCA12 the Controllers Report which contains the information specified in the form in SUP 16 Annex 37A, within four months of the firm'saccounting reference date9.

SUP 16.4.6 G

[deleted]14

SUP 16.4.7 G RP

If a group includes more than one firm, a single annual controllers report may be submitted, and so satisfy the requirements of all firms in the group. Such a report should contain the information required from all of them, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their firm reference numbers. Nevertheless, the requirement to provide a report, and the responsibility for the report, remain with each firm in the group.1

15
SUP 16.4.8 G

[deleted]14

SUP 16.4.9 G RP

Firms are reminded of the requirement in SUP 11.4.10 R to take reasonable steps to keep themselves informed about the identity of their controllers.

Exceptions: mutuals and building societies

SUP 16.4.10 R RP

If a firm is a mutual13 or a building society, then it is required to submit a report under SUP 16.4.5 R only if it is aware that it has a controller.4

SUP 16.4.11 R RP

3In SUP 16.4.5 R and SUP 16.4.10 R, a building society may regard a person as not being a controller if that person is exempt from the obligation to notify a change in control under The Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009 (SI 2009/7748) (see SUP 11.3.2A G (2)).

8 8

Exception: insurers

SUP 16.4.12 R RP

An insurer14 need not submit a report under SUP 16.4.5R to the extent that the information has already been provided to the PRA under requirements in the PRA Rulebook14.

4 12 15 15

SUP 16.5 Annual Close Links Reports

Application

SUP 16.5.1 G RP

This section applies to every firm listed in SUP 11.1.1 R (1) to SUP 11.1.1 R(8)8,5 except those firms excluded from its operation by SUP 16.1.1 R and SUP 16.1.3 R or which have elected to report on a monthly basis in accordance with SUP 11.9.5 R.5432

5

Purpose

SUP 16.5.2 G RP

A firm is required to notify the appropriate regulator of changes to its close links (see SUP 11.9). The effective supervision threshold conditions provide that, if a firm has close links with another person, the matters which are relevant in determining whether a firm satisfies the condition of being capable of being effective supervised include:11

11
  1. (1)

    the nature of the relationship between the firm and that person;11

    11
  2. (2)

    whether those links or that relationship are likely to prevent the appropriate regulator's effective supervision of the firm; and11

    11
  3. (3)

    11if the person is subject to the laws, regulations or administrative provisions of a territory which is not the United Kingdom10, whether those foreign provisions, or any deficiency in their enforcement, would prevent the appropriate regulator's effective supervision of the firm.

SUP 16.5.3 G RP

The purposes of the rules and guidance in this section are:

  1. (1)

    to ensure that, in addition to such notifications, the appropriate regulator11 receives regular and comprehensive information about the identities of all persons with whom a firm has close links, which is relevant to a firm's continuing to satisfy the effective supervision threshold conditions11 and to the protection of consumers; and

    1111
  2. (2)

    to implement certain requirements relating to the provision of information on close links which must be imposed on firms under the 'Post-BCCI Directive'.

Report

SUP 16.5.4 R RP
  1. (1) 11111111557

    [deleted]7

  2. (2)

    [deleted]7

    111111117
  3. (3)

    [deleted]7

  4. (4)

    [deleted]7

  5. (5) 57

    [deleted]7

  6. (6)

    7A firm must submit a report to the appropriate regulator annually by completing the Close Links Annual Report in SUP 16 Annex 36A which must be sent electronically to the appropriate regulator within four months of the firm'saccounting reference date6.

SUP 16.5.4A R RP

7If a group includes more than one firm, a single close links notification may be made by completing the Annual Close Links Report and so satisfy the notification requirement for all firms in the group. Nevertheless, the requirement to notify, and the responsibility for notifying, remains with each firm in the group.

SUP 16.5.5 G

[deleted]5

5
SUP 16.5.6 G RP

If a group includes more than one firm, a single annual close links report may be submitted and so satisfy the requirements of all firms in the group. Such a report should contain the information required from all of them, meet all relevant due dates, indicate all the firms on whose behalf it is submitted and give their firm reference numbers. Nevertheless, the requirement to provide a report, and the responsibility for the report, remain with each firm in the group.1

11
SUP 16.5.7 G

[deleted]9

SUP 16.5.8 R RP

If a firm is an unincorporated friendly society, then it is only required to submit a report under SUP 16.5.4 R if it is aware that it has close links.

SUP 16.6 Compliance reports

Application

SUP 16.6.1 G RP

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 16.6.2 G RP

Applicable provisions of this section (see SUP 16.6.1 G)

Category of firm

Applicable provisions

Bank

4

SUP 16.6.4 R - SUP 16.6.5 R

Depositary of an authorised fund10

5

SUP 16.6.6 R - SUP 16.6.11R

7

Purpose

SUP 16.6.3 G

[deleted]13

13
SUP 16.6.3A G RP

13The FCA 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 FCA requires will vary, depending on the type of business a firm undertakes. This information helps the FCA to determine whether a firm is complying with the requirements applicable to its business, and what procedures it is operating to ensure its compliance.

SUP 16.6.3B G

[deleted]12

Banks

SUP 16.6.4 R RP

A bank must submit compliance reports to the FCA.12

4 9 8 13 13
SUP 16.6.5 R RP

Compliance reports from a bank (see SUP 16.6.4 R)4

Report

Frequency

Due date

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

Annually

6 months after the firm's accounting reference date 13

13

Organogram showing the authorised entities in the firm's group

Annually

6 months after the firm's accounting reference date 13

13

Depositaries of authorised funds 776

SUP 16.6.6 R RP

A depositary of an authorised fund10 must submit compliance reports in accordance with SUP 16.6.7 R.

SUP 16.6.7 R RP

Compliance reports from107depositaries of authorised funds107(see SUP 16.6.6R)6

Report

Frequency

Due date

10

10

10

6

10Breach report on the authorised fund manager's breaches as set out in SUP 16.6.8R(1A)

Monthly

30 business days after month end

10

6

10

10

10

10

10

10Oversight report on the depositary’s oversight visits as set out in SUP 16.6.8R(1B)

Quarterly

30 business days after quarter end (Note)

7

7

Note:10 The quarter ends are 31 March, 30 June, 30 September and10 31 December.

1
SUP 16.6.8 R RP
  1. (1)

    [deleted]10

    1313
  2. (1A)

    The breach report from a depositary of an authorised fund to the FCA must include, for each authorised fund for which it is a depositary:10

    1. (a)

      details of all breaches of COLL or FUND, which came to the depositary’s attention or which were reported to the depositary by the authorised fund manager, during the previous month;10

    2. (b)

      details of any changes to the reported details of an existing breach, whether reported under SUP 16.6.8R(1A) or otherwise;10

    3. (c)

      details of all breaches that were reported, whether reported under SUP 16.6.8R(1A) or otherwise, and that have been closed during the previous month; and10

    4. (d)

      whether the authorised fund manager has, in the opinion of the depositary, adequate controls over: 10

      1. (i)

        the issue and cancellation of units as detailed in COLL 6.2 (Dealing); and10

      2. (ii)

        valuation and pricing as detailed in COLL 6.3 (Valuation and pricing).10

  3. (1B)

    The oversight report from the depositary to the FCA must include: 10

    1. (a)

      details of each authorised fund manager visited during the previous quarter; and10

    2. (b)

      for each area reviewed: 10

      1. (i)

        the findings and conclusions of the depositary;10

      2. (ii)

        its recommendations; and10

      3. (iii)

        the authorised fund manager’s response and comments, where available.10

  4. (2)

    [deleted]10

    131333
  5. (2A)

    [deleted]10

    66
  6. (3)

    [deleted]7

    13132
SUP 16.6.9 G

[deleted]10

6 6 6
SUP 16.6.10 G RP
  1. (1)

    10A depositary should report a breach only once under SUP 16.6.8R(1A)(a) and once under SUP 16.6.8R(1A)(c). When both reports are made in the same month, only a single entry in the form is required. Under SUP 16.6.8R(1A)(b) a depositary should report changes to the reported details of existing breaches.

  2. (2)

    A separate line should be entered on the form for each rule breached. For example, a breach of the investment limits in COLL 5.2.11R11 that results in incorrect pricing of the scheme contrary to COLL 6.3.3R should be recorded as two entries, with the same reference.

  3. (3)

    Under SUP 16.6.8R(1A)(c) a depositary should report all breaches that have been closed during the previous month. A breach can be closed in a number of ways. For example:

    1. (a)

      A breach that does not involve changes to systems and controls may be considered closed when, in the opinion of the depositary, the authorised fund manager has taken all necessary action to rectify the breach.

    2. (b)

      A breach that requires changes to systems and controls that cannot be implemented promptly, may nevertheless be considered closed when, in the opinion of the depositary, the authorised fund manager has implemented an effective temporary control to resolve the issue, taking into account the interests of Unitholders.

  4. (4)

    A depositary should not consider a breach closed until any applicable compensation has been paid to the scheme and/or to Unitholders.

SUP 16.6.11 R RP
  1. (1)

    10A depositary must submit its breach report under SUP 16.6.8R(1A) using the form REP011 in SUP 16 Annex 12AR.

  2. (2)

    A depositary must submit its oversight report under SUP 16.6.8R(1B) using the form REP012 in SUP 16 Annex 12AR.

  3. (3)

    A depositary must submit the forms in SUP 16 Annex 12AR:

    1. (a)

      online through the appropriate systems accessible from the FCA’s website; or

    2. (b)

      if the appropriate systems are unavailable, via email to fundsupervision@fca.org.uk.

SUP 16.7A Annual report and accounts

Application

SUP 16.7A.1 R RP

1This section applies to every firm in the regulatory activity group (RAG) set out in column (1), which is a type of firm in column (2), of the tables in SUP 16.7A.3 R and SUP 16.7A.5 R, except:

  1. (1)

    [deleted]5

  2. (2)

    [deleted]5

  3. (3)

    an oil market participant that is not subject to the requirements of IPRU(INV) Chapter 3;

  4. (4)

    an authorised professional firm other than:

    1. (a)

      a firm that must comply with IPRU(INV) 3, 5 or 13 in accordance with IPRU(INV) 2.1.4R; or

    2. (b)

      a CASS debt management firm;

  5. (5)

    an authorised professional firm if the only regulated activity it carries on is credit-related regulated activity as a non-mainstream regulated activity;

  6. (6)

    a financial conglomerate; and

  7. (7)

    a local authority.

Purpose

SUP 16.7A.2 G RP

The purpose of this section is to require firms to submit their annual report and accounts, and the annual report and accounts of their mixed activity holding companies, to the FCA online through the appropriate systems accessible from the FCA's website. This information is used in the monitoring of firms both individually and collectively.

Requirement to submit annual report and accounts

SUP 16.7A.3 R RP

A firm in the RAG in column (1) and which is a type of firm in column (2) must submit its annual report and accounts to the FCA annually on a single entity basis.

(1)

(2)

RAG

Firm type

1

UK bank

Dormant account fund operator

A non-UK bank5.

2.2

The Society

3

MIFIDPRU investment firms 6

6

6

All other firms subject to the following chapters in IPRU(INV):

(1)

Chapter 3

(2)

Chapter 5

(3)

[deleted]7

4

MIFIDPRU investment firms 6

6

6

Collective portfolio management firm

All other firms subject to the following chapters in IPRU(INV):

(1)

Chapter 3

(2)

Chapter 5

(3)

[deleted]7

(4)6

Chapter 12

5

All firms

6

All firms other than firms subject to IPRU (INV) Chapter 13 6

3

7

MIFIDPRU investment firms 6

6

6

8

All firms other than firms subject to IPRU (INV) Chapter 13 6

3

Exceptions from the requirement to submit an annual report and accounts

SUP 16.7A.4 R RP
  1. (1)

    An adviser4 (as referred to in IPRU(INV) 3-60(4)R), is only required to submit the annual report and accounts if:

    1. (a)

      it is a partnership or body corporate; and

    2. (b)

      the annual report and accounts were audited as a result of a statutory provision other than under the Act.

  2. (2)

    A service company is only required to submit the annual report and accounts if the reports and accounts were audited as a result of a statutory provision other than under the Act.

Requirement to submit annual report and accounts for mixed activity holding companies

SUP 16.7A.5 R RP

A firm in the RAG group in column (1), which is a type of firm in column (2) and whose ultimate parent is a mixed activity holding company must:

  1. (1)

    submit the annual report and accounts of the mixed activity holding company to the FCA annually; and

  2. (2)

    notify the FCA that it is covered by this reporting requirement by email using the email address specified in SUP 16.3.10 G (3), by its accounting reference date.

    (1)

    (2)

    RAG

    Firm type

    1

    UK bank

    3

    MIFIDPRU investment firm6

    6

    4

    MIFIDPRU investment firm6

    6

    7

    MIFIDPRU investment firm6

    6

SUP 16.7A.6 R RP

Where a number of firms in the same group share the same mixed activity holding company parent, only one firm in the group is required to provide the report.

Method for submitting annual accounts and reports

SUP 16.7A.7 R RP

Firms must submit the annual report and accounts to the FCA online through the appropriate systems accessible from the FCA's website, using the form specified in SUP 16 Annex 1A.

Time period for firms submitting their annual report and accounts

SUP 16.7A.8 R RP

Firms must submit their annual report and accounts in accordance with SUP 16.7A.3 R within the following deadlines:

  1. (1)

    for a non-UK bank5, within 7 months of the accounting reference date;

  2. (2)

    for the Society or a service company, within 6 months of the accounting reference date; and

  3. (3)

    for all other firms, within 80 business days2 of the accounting reference date.

    2

Time period for firms submitting annual report and accounts for mixed activity holding companies

SUP 16.7A.9 R RP

Firms must submit the annual report and accounts of a mixed activity holding company in accordance with SUP 16.7A.5 R within 7 months of their accounting reference date.

SUP 16.8 Persistency reports from insurers and data reports on stakeholder pensions

Application

SUP 16.8.1 G RP

1The effect of SUP 16.1.1 R is that this section applies to:

  1. (1)

    every insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society1; and

  2. (2)

    every firm with permission to establish, operate or wind up a stakeholder pension scheme.

Purpose

SUP 16.8.2 G RP

1The purpose of this section is to enable information on the persistency of life policies and data on stakeholder pensions to be prepared and provided to the FCA11 in a standard format. This information is used in the monitoring of firms both individually and collectively.

11

Requirement to submit persistency and data reports

SUP 16.8.3 R RP
  1. (1)

    An insurer with a permission to effect or carry out life policies must submit to the FCA a persistency report in respect of life policies by 30 April each year in accordance with this section.

    11111118
  2. (2)

    A firm with permission to establish, operate or wind up a stakeholder pension scheme must submit to the FCA11:

    11
    1. (a)

      a data report on stakeholder pensions by 30 April each year using the form specified in SUP 16 Annex 6R.9

      9
    2. (b)

      [deleted]9

      9

Alternative year end date

SUP 16.8.3A R RP
  1. (1)

    9A firm may submit persistency and a data report for a 12 month period ending within 4 months of its accounting reference date if:

    1. (a)

      it has notified the FCA of this intention by email using the email address specified in SUP 16.3.10 G (3) no later than the firm'saccounting reference date; and

    2. (b)

      it either:

      1. (i)

        has an accounting reference date other than 31 December; or

      2. (ii)

        undertakes industrial assurance policy business.

How to submit persistency and data reports

SUP 16.8.3B R RP

9 Firms required to submit reports as set out in SUP 16.8.3 R (1) and SUP 16.8.3 R (2) must do so online through the appropriate systems accessible from the FCA's website.

Interpretation of this section

SUP 16.8.4 R RP

1In this section, and in SUP 16 Annex 6R:

9
  1. (1)

    '12 month report' means the part of a persistency report or data report reporting on life policies or stakeholder pensions effected in Y-2, '24 month report' means the part of a persistency report or data report reporting on life policies or stakeholder pensions effected in Y-3, and so on;

  2. (2)

    'CC' means the number of life policies or stakeholder pensions which:

    1. (a)

      were effected during the period to which the calculation relates; and

    2. (b)

      are reported on in the persistency report or data report (see SUP 16.8.8 R to SUP 16.8.15 R);

  3. (3)

    'CF' means the number of life policies or stakeholder pensions within 'CC' which are treated as in force at the end of Y-1 or, for a report under SUP 16.8.3 R (2) (b), the relevant 12 month period (see SUP 16.8.16 R to SUP 16.8.18 R);

  4. (4)

    'contract anniversary' means the anniversary of the date on which the life policy or stakeholder pension was effected falling within Y-1;

  5. (5)

    'data report' means a report in respect of stakeholder pensions complying with SUP 16.8.19 R to SUP 16.8.21 R;

  6. (6)

    [deleted]9

    9
  7. (7)

    'group personal pension policy' means a life policy which is not a separate pension scheme, effected under a collecting arrangement made for the employees of a particular employer to participate in a personal pension arrangement on a group basis;

  8. (8)

    [deleted]

  9. (9)

    'mortgage endowment' means an endowment assurance effected or believed to be effected for the purposes of paying off a loan on land;

  10. (10)

    'new', in relation to a stakeholder pension, has the meaning given in SUP 16.8.11 R (2);

  11. (11)

    'ordinary assurance policy' means a life policy which is not an industrial assurance policy;

  12. (12)

    'other life assurance' means a life policy other than a pension policy, endowment assurance or whole life assurance;

  13. (13)

    'other pension policy' means a pension policy other than a personal pension policy;

  14. (14)

    'persistency rate' means a rate calculated using this formula: CF x 100/CC (see10 the example in SUP 16.8.5G);

  15. (15)

    'persistency report' means a report in respect of life policies and stakeholder pensions9 complying with SUP 16.8.19A R and9SUP 16.8.21 R;

    9
  16. (16)

    'regular premium life policy' means a life policy where there is (or could be, or has been) a commitment by the policyholder to make a regular stream of contributions (for example by means of a direct debit mandate);

  17. (17)

    'regular premium stakeholder pension' means a stakeholder pension where there is (or could be, or has been) a commitment by the policyholder to make a regular stream of contributions;

  18. (18)

    'single premium life policy' means a life policy that is not a regular premium life policy, except that a recurrent single premium life policy must be treated as a regular premium life policy;

  19. (19)

    'single premium stakeholder pension' means a stakeholder pension which is not a regular premium stakeholder pension, except that a recurrent single premium stakeholder pension must be treated as a regular premium stakeholder pension;

  20. (20)

    'stakeholder pension' means an individual's rights under a stakeholder pension scheme;

  21. (21)

    'substitute', in relation to stakeholder pension, has the meaning given in SUP 16.8.11 R (2);

  22. (22)

    'Y' means the year in which the report must be submitted, 'Y-1' means the preceding year, 'Y-2' means the next earlier year and so on; and10

  23. (23)

    'year' means calendar year, unless SUP 16.8.3AR (1) applies in which case it means the 12 month period notified to the FCA.9

    9
SUP 16.8.5 G RP

Example of calculation of persistency rate for life policies that commenced during 1996 (see SUP 16.8.3 R)1

Y (year of reporting)

Number of life policies which commenced during 1996

Number of 1996 policies that cease to be in force during Y-1

Deaths and retirements (not included in CC and CF)

CF

CC

1998

1000

143

2

1000 - 143 - 2 = 855

1000 - 2 = 998

1999

1000

25

1

1000 - 143 - 25 - 2 - 1 = 829

1000 - 2 - 1 = 997

Report submitted in 1998 Persistency rate for life policies that commenced during Y-2 (that is 1996)

Report submitted in 1999 Persistency rate for life policies that commenced during Y-3 (that is 1996)

SUP 16.8.6 G RP

1 Firms are reminded that annuity contracts other than deferred annuity contracts are not within the definition of 'life policy'.

SUP 16.8.7 R

[deleted]9

9

Life policies and stakeholder pensions to be reported on in the persistency or data reports

SUP 16.8.8 R RP

1A persistency report or data report must report on a life policy or stakeholder pension if:

  1. (1)

    it is not of a type listed in SUP 16.8.13 R or SUP 16.8.14 R;

  2. (2)

    it was effected by:

    1. (a)

      the firm submitting the report; or

    2. (b)

      an unauthorised member of the group of the firm submitting the report and in circumstances in which that firm was responsible for the promotion of that life policy or stakeholder pension; or

    3. (c)

      another firm, but is being carried out by the firm submitting the report; and

  3. (3)

    the person who sold it or who was responsible for its promotion was, in so doing, subject to rules in COBS5.

    56
SUP 16.8.9 G RP

1 Life policies and stakeholder pensions falling within SUP 16.8.8 R (2) (c) are those which have been transferred from another firm, for example under an insurance business transfer scheme under Part 711 of the Act (Control of Business Transfers).

11
SUP 16.8.10 R RP

1 Life policies falling within SUP 16.8.8 R, which were sold subject to the conduct of business rules of a previous regulator, need to be reported only if they were required to be reported on by the rules of the previous regulator of the firm submitting the report.

SUP 16.8.11 R RP
  1. (1)

    1A life policy or stakeholder pension which was issued in substitution for a similar contract may be treated as being effected on the inception date of the previous life policy or stakeholder pension, provided that the firm is satisfied that no loss to the policyholder is attributable to the substitution.10

  2. (2)

    A stakeholder pension which is treated as in (1) is a "substitute" stakeholder pension. A "new" stakeholder pension is any other stakeholder pension.

SUP 16.8.12 G RP

1Examples of loss to the policyholder under SUP 16.8.11 R are losses resulting from higher charges and more restrictive benefits and options.

SUP 16.8.13 R RP

1A persistency or data report must not report on any of the following:

  1. (1)

    a life policy or stakeholder pension that was cancelled from inception whether or not this was as a result of service of a notice under the rules on cancellation (COBS 15)5;

    5
  2. (2)

    [deleted]7

    7
  3. (3)

    a life policy (excluding income withdrawal) or stakeholder pension which has terminated as a result of death, critical illness, retirement, maturity or other completion of the contract term;

  4. (4)

    income withdrawals that have ceased as a result of the death of the policyholder;

  5. (5)

    in the case of a persistency report only, a life policy which is a stakeholder pension;

  6. (6)

    a life policy purchased by the trustees of an occupational pension scheme2 which is a defined benefits pension scheme;

  7. (7)

    a life policy purchased by the trustees of an executive money purchase occupational pension scheme.

SUP 16.8.14 R

1A persistency report required by SUP 16.8.3 R need not contain information:9

9 9
  1. (1)

    on a life policy if the number of life policies on substantially the same terms effected by the relevant firm (or member of the firm'sgroup) in the relevant year did not exceed the higher of fifty and 1% of the total reportable life policies effected by the person in that year; and9

  2. (2)

    on life policies and stakeholder pensions if a firm has no life policies or stakeholder pensions to report on in SUP 16 Annex 6R.9

SUP 16.8.14A R RP

9In circumstances where a firm has no data to report in one or both of the life policies and stakeholder pensions sections of SUP 16 Annex 6R, a firm must submit a nil return using the relevant field(s) in the form.

SUP 16.8.15 R RP

1If the term of an endowment assurance is less than five years, the life policy must only be included in a persistency report in respect of years up to and including the anniversary prior to maturity.

Life policies and stakeholder pensions to be treated as in force

SUP 16.8.16 R RP

1Subject to SUP 16.8.17 R and SUP 16.8.18 R, a life policy or stakeholder pension must be treated as in force at the end of Y-1 (that is, included in CF) if and only if:

  1. (1)

    in the case of a regular premium life policy:

    1. (a)

      in the case of an industrial assurance policy on which the premiums are paid at intervals of four weeks, the premium has been paid in respect of the four-week period in which the policy anniversary falls; or

    2. (b)

      in any other case, the premium has been paid in respect of the month in which the policy anniversary falls;

  2. (2)

    in the case of a single premium life policy, the policy has not been surrendered as at the policy anniversary;

  3. (3)

    in the case of a regular premium stakeholder pension:

    1. (a)

      for a report required by SUP 16.8.3 R (2) (a), the premium has been paid in respect of the month in which the contract anniversary falls;

    2. (b)

      [deleted]9

      9
  4. (4)

    in the case of a single premium stakeholder pension:

    1. (a)

      for a report required by SUP 16.8.3 R (2)(a), the contract has not been surrendered as at the contract anniversary.10

    2. (b)

      [deleted]9

      9
SUP 16.8.17 R RP

1A cluster life policy must be reported as a single life policy and must be treated as in force (that is included in CF) even if some of the constituent life policies have been terminated.

SUP 16.8.18 R RP

1An income withdrawal that has terminated other than by death of the policyholder must be treated as not in force at the end of Y-1 (that is, not included in CF).

Contents of the persistency or data report

SUP 16.8.19 R
  1. (1)

    [deleted]9

    9
  2. (2)

    [deleted]9

    9
  3. (3)

    [deleted]9

    9
SUP 16.8.19A R RP

9A persistency report on life policies and stakeholder pensions must be in the format of SUP 16 Annex 6R.

SUP 16.8.20 R

[deleted]9

9
SUP 16.8.21 R RP

1The firm must, if a persistency report reports on:10

  1. (1)

    an endowment assurance with a term of five years or less:

    1. (a)

      [deleted]9

      9
    2. (b)

      report on such a policy in the report in SUP 16 Annex 6R;9

      9
  2. (2)

    a group personal pension policy, include the policy as a personal pension policy in the report in SUP 16 Annex 6R;9

    9
  3. (3)

    a mortgage endowment, also include the policy as an endowment assurance in the report in SUP 16 Annex 6R;9

    9
  4. (4)

    an income withdrawal, not include the policy under any other relevant category in SUP 16 Annex 6R.9

    49
SUP 16.8.22 G
  1. (1)

    [deleted]9

    9
  2. (2)

    [deleted]9

    9

Records

SUP 16.8.23 R RP

1A firm must make and retain such records as will enable it to:

  1. (1)

    monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives; and

  2. (2)

    make persistency reports or data reports to the FCA11 in accordance with SUP 16.8.3R10.

    11
SUP 16.8.24 G RP

1In order to comply with SUP 16.8.23 R, a firm will as a minimum need to make and retain separate records for:

  1. (1)

    life policies and stakeholder pensions originally promoted:

    1. (a)

      by company9representatives; or

    2. (b)

      by intermediaries providing independent advice or restricted advice; or9

      9
    3. (c)

      through the firm's own direct offer financial promotions;

      9
    4. (d)

      [deleted]9

      9
  2. (2)

    life policies and stakeholder pensions not within (1), including those effected as execution-only transactions, for10 inclusion in the relevant form under 'Other';9

    999
  3. (3)

    life policies and stakeholder pensions written assuming the payment of:

    1. (a)

      regular premiums;

    2. (b)

      a single premium;

  4. (4)

    life policies written as:

    1. (a)

      ordinary assurance policies;

    2. (b)

      industrial assurance policies;

  5. (5)

    the categories of life policies and stakeholder pensions referred to in SUP 16 Annex 6R.9

    39

SUP 16.9 Appointed representatives annual report

[deleted]4

Readers should refer to the requirements set out in SUP 12.7 (Notification requirements).4

SUP 16.10 1 2Verification of firm details13

Application

SUP 16.10.1 G RP

The effect of SUP 16.1.1 R is that this section applies to every firm except:

  1. (1)

    an ICVC; or

  2. (2)

    a UCITS qualifier; or

  3. (2A)

    an AIFM qualifier; or6

  4. (3)

    [deleted]12

    4
  5. (4)

    a dormant account fund operator.4

Purpose

SUP 16.10.2 G RP

Firm details are13 used by the FCA10 :

18 18
  1. (1)

    to ensure that a firm is presented with the correct regulatory return when it seeks to report electronically;

  2. (2)

    in order to communicate with a firm;

  3. (3)

    as the basis for some sections of the Financial Services Register;18 and

    18
  4. (4)

    in order to carry out thematic analysis across sectors and groups of firms.

SUP 16.10.3 G RP

In view of the importance attached to firm details13, and the consequences which may result if they are13 wrong, this section provides the framework for a firm to check and correct them13.

11 14 2 18

14Requirement to check the accuracy of firm details and to report changes to the FCA

SUP 16.10.4 R RP
  1. (1)

    Within 6016business days of its accounting reference date, a firm must check the accuracy of its firm details13 through the relevant section of the FCA10 website.

    1818
  2. (2)

    [paragraph suspended by FSA 2004/79]5

  3. (3)

    If any firm details are13 incorrect, the firm must submit5 the corrected firm details13 to the FCA10 using the appropriate form set out in SUP 15 Ann 3 and in accordance with SUP 16.10.4A R.5

    5185
SUP 16.10.4-A R

[deleted]15

SUP 16.10.4A R RP
  1. (1)

    A firm must submit any corrected firm details under SUP 16.10.4R(3) using the appropriate online systems accessible through the FCA’s website.16

    88

    138181818779
  2. (2)

    [deleted]16

    81312181818
    1. (a)

      to 14firm.details@fca.org.uk or via post or hand delivery to the FCA marked for the attention of the ‘Supervision Hub17’; or12

      141414
    2. (b)

      by using the appropriate online systems available from the FCA’s website.12

  3. (3)

    Where a firm is obliged to submit corrected firm details13 online under (1), if the FCA's18 information technology systems fail and online submission is unavailable for 24 hours or more, until such time as facilities for online submission are restored, a firm must submit its corrected firm details13 to firm.details@fca.org.uk16.

    181818131813

Frequency and timing of reports: confirming that firm details remain accurate

SUP 16.10.4AA R
  1. (1)

    16This rule applies where, in complying with SUP 16.10.4R(1), a firm does not need to submit corrected firm details under SUP 16.10.4R(3).

  2. (2)

    Within 60 business days of its accounting reference date, a firm must submit a report to the FCA confirming that the firm details which it has checked under SUP 16.10.4R(1) remain accurate, using the appropriate online systems accessible through the FCA’s website.

SUP 16.10.4B G RP

5If the FCA's18 information technology systems fail and online submission is unavailable for 24 hours or more, the FCA18 will endeavour to publish a notice on its website confirming that online submission is unavailable and that the alternative methods of submission set out in SUP 16.3.9 R18 should be used.

18 18 18
SUP 16.10.4C G

5Where SUP 16.10.4AR (3) applies to a firm, GEN 1.3.2 R (Emergency) does not apply.

SUP 16.10.5 G RP

The firm details are made available to the firm when the firm logs into the appropriate section of the FCA’s website. The firm should check the firm details and send any corrections to the FCA.15 The FCA’s preferred method of receiving corrections to firm details is by the online forms available at the FCA’s website.

13 10 18 18 13 10 18 18 10 18 18 13 10 18 18 2
SUP 16.10.6 G RP

A firm may check, and submit corrections to, its firm details13 more frequently than annually.

SUP 16.10.7 G

[deleted]5

5

SUP 16.11 1Product Sales Data Reporting

Application

SUP 16.11.1 R RP

This section2 applies:

9 3 5 5 10
  1. (1)

    in relation to sales data reports, to a firm:10

    10
    1. (a)

      which is a home finance provider; or

    2. (aa)

      14which is a P2P platform operator which facilitates entry into a regulated mortgage contract, home purchase plan, home reversion plan or regulated sale and rent back agreement where the lender or provider does not require permission to enter into the transaction; or

    3. (b)

      which has permission to enter into a regulated credit agreement as lender in respect of high-cost short-term credit or home credit loan agreements; or

    4. (c)

      which is, in respect of sales to a retail client or a consumer:

      1. (i)

        an insurer; or

      2. (ii)

        the manager of an authorised AIF or a UCITS scheme; or

      3. (iii)

        the operator of an investment trust savings scheme, or a personal pension scheme; or

      4. (iv)

        a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product;

      unless the firm is a managing agent;10

  2. (2)

    in relation to performance data reports15:

    14
    1. (a)

      to the firm (“A”) which entered into the regulated mortgage contract; or15

      14
    2. (b)

      where the right of the lender to receive payments under the regulated mortgage contract has passed to another person (“B”) by legal or equitable assignment or by operation of law:15

      14
      1. (i)

        where B is a firm with permission for administering a regulated mortgage contract, firm B (and it is immaterial for this purpose whether B makes arrangements for A or another person to administer the mortgage or to exercise the lender’s rights under it); or15

      2. (ii)

        where B is not a firm with permission for administering a regulated mortgage contract and B enters into an agreement with a firm (“C”) to administer the contract, firm C (it is immaterial for this purpose whether firm C is firm A, or whether firm C enters into an arrangement with another person to outsource or delegate the performance of some of those administration activities).15

    101041010
SUP 16.11.1A G

15Where a regulated mortgage contract has been sold or securitised, the firm responsible for the performance data report should be the ‘principal administrator’ submitting the MLAR (see section G of SUP 16 Annex 19AR and the guidance notes on section G in SUP 16 Annex 19BG).

Purpose

SUP 16.11.2 G RP
  1. (1)

    The purpose of this section2 is to set out the requirements for firms in the retail mortgage, investment, consumer credit lending8 and pure protection contract markets specified in SUP 16.11.1 R to report individual product sales data, and to report individual performance data on regulated mortgage contracts,7 to the FCA16. In the case of firms in the sale and rent back market, there is a requirement to record, but not to submit, sales data13. These requirements apply6 whether the regulated activity has been carried out by the firm, or through an intermediary which has dealt directly with the firm.

    2167766
  2. (2)

    The purpose of collecting this data is to assist the FCA16 in the ongoing supervision of firms engaged in retail activities and to enable the FCA16 to gain a wider understanding of market trends in the interests of protecting consumers.

    1616
  3. (3)

    Certain of the information is required under PRA rules: see SUP 16.11.7R(2) to (5). This information is collected by the FCA for the PRA, but the PRA allows the FCA to retain the information for the FCA’s purposes.15

Reporting requirement

SUP 16.11.3 R RP
  1. (1)

    A firm must submit a report (a 'data report') containing the information required by:7

    7
    1. (a)

      SUP 16.11.5 R (a 'sales data report') within 20 business days of the end of the reporting period; and

      7
    2. (b)

      for regulated mortgage contracts, SUP 16.11.5A R (a 'performance data report'), within 30 business days of the end of the reporting period;

      7

    unless 11(3A) or (4) applies.7

  2. (2)

    The reporting periods are;7

    7
    1. (a)

      7for sales data reports, the four calendar quarters of each year beginning on 1 January; and

    2. (b)

      7for performance data reports, the six month periods beginning on 1 January and 1 July in each calendar year.

  3. (3)

    [deleted]11

    11
  4. (3A)

    A firm must submit a nil return if no relevant sales have occurred in the quarter.11

  5. (3B)

    A firm must submit a nil return in respect of performance data reports if it does not own any rights of a lender under a regulated mortgage contract, and only carries on the regulated activity of administering a regulated mortgage contract for firms which are themselves obliged to submit performance data reports under SUP 16.11.1R(2).15

  6. (4)

    The following types of firm14 must compile, and keep for at least five years from the end of the relevant quarter, a data report containing the information required by SUP 16.11.5 R, but are14 not subject to the requirement in (1) to submit a data report (or to the requirement in SUP 16.11.9 R:14

    6
    1. (a)

      14a SRB agreement provider; and

    2. (b)

      14a P2P platform operator which facilitates entry into a regulated sale and rent back agreement where the provider does not require permission to enter into the transaction.

SUP 16.11.4 G RP
  1. (1)

    A firm may submit a sales 7data report more frequently than required by SUP 16.11.3 R7if it wishes.

    7
  2. (2)

    If it is easier and more practical for a firm to submit additional data relating to products other than those specified in SUP 16.11.5 R, it may submit that additional data to the FCA16 in a data report.

    16

Content of the report

SUP 16.11.5 R RP

A sales7 data report must contain sales data in respect of the following products:

7
  1. (1)

    retail investments;

  2. (2)

    pure protection contracts;

    3
  3. (3)

    regulated mortgage contracts (including15 further advances (see SUP 16.11.7R(3)) and internal product transfers and internal remortgages, irrespective of whether there is a new mortgage contract15);3

  4. (4)

    home purchase plans;3

    6
  5. (5)

    home reversion plans; 63

    8
  6. (6)

    6regulated sale and rent back agreements;8

    8
  7. (7)

    high-cost short-term credit13; and

    8
  8. (8)

    home credit loan agreements.8

SUP 16.11.5A R RP

7A performance data report must contain performance data in respect of regulated mortgage contracts other than legacy CCA mortgage contracts12.

SUP 16.11.6 G

Guidance on the type of products covered by SUP 16.11.5 R is contained in SUP 16 Annex 20G.

SUP 16.11.7 R RP
7 7
  1. (1)

    A data report must comply with the provisions of SUP 16 Annex 21R.15

  2. (2)

    But (3) to (5) apply where a firm which is required to submit a sales data report under SUP 16.11.3R(1)(a) is a PRA-authorised person which is also required to submit information to the FCA under chapter 23 (regulatory mortgage contract reporting) of the PRA’s Regulatory Reporting rules.15

  3. (3)

    Where the sales data report relates to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm only in relation to the format in which the data elements in the report are to be submitted to the FCA.15

  4. (4)

    Where the sales data report does not relate to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm in respect of the data elements listed in (5) only in relation to the format in which the data elements are to be submitted to the FCA.15

  5. (5)

    The data elements are:15

    1. (a)

      the total amount owed by the borrower to the firm and secured on the property immediately prior to the new borrowing; 15

    2. (b)

      for a second charge regulated mortgage contract, the total amount owed by the borrower to third parties secured on the property; 15

    3. (c)

      rate to which stress test applied; and15

    4. (d)

      contractual reversion rate.15

SUP 16.11.8 R RP

A sales7 data report must relate both to transactions undertaken by the firm and to transactions undertaken by an intermediary which has dealt directly with the customer on the firm's behalf.2

7
SUP 16.11.8-A R

14Where a P2P platform operator facilitates an arrangement under which a number of persons provide home finance to a single customer, either individually under separate contracts, or jointly and severally under a single contract:

  1. (1)

    the sales data report and performance data report of the P2P platform operator must include data in respect of the arrangement taken as a whole, as though it comprised a single transaction; and

  2. (2)

    the sales data report and performance data report of any firm which is the lender or provider under any separate contract forming part of the arrangement must include data in respect of that contract.

SUP 16.11.8A G RP

2Where the manager of an authorised AIF or a UCITS scheme9 receives business from a firm which operates a nominee account, the sales 7data report in respect of those transactions submitted by the manager9 should treat those transactions as transactions undertaken by the manager9 with the firm.

9 9 9
SUP 16.11.9 R RP

A firm must provide a 7data report to the FCA16 electronically in a standard format provided by the FCA16.

7 16 16
SUP 16.11.10 G RP

A data report will have been provided to the FCA16 in accordance with SUP 16.11.9 R only if all mandatory data reporting fields (as set out in SUP 16 Annex 21R) have been completed correctly and the report has been accepted by the relevant FCA16 reporting system.

16 16

Use of reporting agents

SUP 16.11.11 R RP
  1. (1)

    A firm may appoint another person to provide a 7data report on the firm's behalf if the firm has informed the FCA16 of that appointment in writing.

    716
  2. (2)

    Where (1) applies, the firm must ensure that the data report complies with the requirements of SUP 16.11 and identifies the originator of the transaction.

SUP 16.12 Integrated Regulatory Reporting

Application

SUP 16.12.1 G RP

1The effect of SUP 16.1.1 R is that this section applies to every firm carrying on business set out in column (1) of SUP 16.12.4 R except:

  1. (1)

    [deleted]81

    2
  2. (1A)

    [deleted]81

    32
  3. (2)

    an oil market participant that is not subject to the requirements of IPRU(INV) Chapter 32;

  4. (3)

    an authorised professional firm (other than one that must comply with IPRU(INV) 3, 5 or 13 in accordance with IPRU(INV) 2.1.4R, or 80 that is a CASS debt management firm,47 where SUP 16.12.4 R will apply in respect of the business the firm undertakes)3, which must (unless it is within (3A)) 47comply with SUP 16.12.30 R2SUP 16.12.31 R;

    114747
  5. (3A)

    an authorised professional firm if the only regulated activity it carries on is credit-related regulated activity as a non-mainstream regulated activity; and47

  6. (4)

    a financial conglomerate, which must comply with SUP 16.12.32 R: firms that are members of a financial conglomerate will have their own reporting requirements under SUP 16.12.32 R.

  7. (5)

    UK designated investment firms, which must comply with the reporting requirements in the PRA Rulebook.78

Purpose

SUP 16.12.2 G RP
  1. (1)

    Principle 4 requires firms to maintain adequate financial resources. The prudential sourcebooks, which are contained in the Prudential Standards block in the Handbook,89GENPRU and IFPRU37 set out the FCA's65 detailed capital adequacy requirements. By submitting regular data, firms enable the FCA65 to monitor their compliance with Principle 4 and their prudential requirements.

    923737929292929237
  2. (2)

    The data items submitted help the FCA65 analyse firms' financial and other conditions and performance and to understand their business. By means of further collation and review of the data which the data items provide, the FCA65 also uses the data items to identify developments across the financial services industry and its constituent sectors.

    92929292
  3. (3)

    The requirements in this section differ according to a firm'sregulated activity group (RAG), as different information is required to reflect different types of business. Standard formats are used for reporting, to assist10 compatibility between firms which carry on similar types of business. Timely submission is important to ensure the FCA65 has up-to-date information.

    109292

Reporting requirement

SUP 16.12.3 R RP
  1. (1)

    Any firm permitted to 5carry5 on any of the activities within each of the RAGs set out in column (1) of the table in SUP 16.12.4 R must:

    1. (a)
      1. (i)

        unless (ii) or (iii) 11applies, submit to the FCA65 the duly completed data items or other items applicable to the firm as set out in the provision referred to in column (2) of that table;

        9292
      2. (ii)

        unless (iii) applies, where 11 a firm is required to submit completed data items for 11more than one RAG, that11firm must only submit the data item of the same name and purpose in respect of the lowest numbered RAG applicable to it, RAG 1 being the lowest and RAG 1280 the highest;

        111111474711
      3. (iii)

        where a firm is, but for this rule, required to submit data items for more than one RAG and this includes the submission of data items in respect of fees, the FOS or FSCS levy, or threshold conditions, that firm must only submit these data items if they belong to the lowest numbered of the RAGs applicable to it;11

        1192
      4. (iv)

        in the case of a non-EEA bank, or an EEA bank (whether or not it has permission for accepting deposits11) other than one with permission for cross border services11only, any data items11submitted should, unless indicated otherwise, only cover the activities of the branch operation in the United Kingdom;5

        111111

      in the format specified as applicable to the firm in the provision referred to in column (2);

    2. (b)

      submit this information 11at the frequency and in respect of the periods set out in the provision referred to in column (3); and

    3. (c)

      submit this information 11by the due date referred to in the provision referred to in column (4).

  2. (2)

    Unless (3) applies, any data item in (1) must be submitted by electronic means made available by the FCA;80

    659292
  3. (3)

    Paragraph92 (2) does not apply to:

    1. (a)

      [deleted]702

      9292
    2. (aa)

      [deleted]73

      56
    3. (b)

      firms in RAG 2 in relation to the reporting requirements for RAG 2 activities; and2

    4. (c)

      those data items70 specified as "No standard format", where SUP 16.3.6 R to SUP 16.3.10 G will apply.2

  4. (4)

    A firm that is a member of a financial conglomerate must also submit financial reports as required by SUP 16.12.32 R.

SUP 16.12.3-A G RP

[deleted]89

45
SUP 16.12.3-B G RP

[deleted]89

45 82 82
SUP 16.12.3A G

[deleted]80

SUP 16.12.3B G RP

Firms' attention is drawn to SUP 16.3.25 G regarding a single submission for all firms in the group.11

SUP 16.12.4 R RP

Table of applicable rules containing data items4, frequency and submission periods

(1)

(2)

(3)

(4)

RAG number

Regulated Activities

Provisions containing:

applicable data items

reporting frequency/ period

due date 32

32
27 12 12 37

RAG 1

• accepting deposits

meeting of repayment claims76

managing dormant account funds (including the investment of such funds) 76

RAG 1 firms should complete their prudential reporting requirements as set out in the PRA Rulebook.76

RAG 2.1

• effecting contracts of insurance

• carrying out contracts of insurance

• entering as provider into a funeral plan contract

71

2

71

2

71

2

RAG 2.2

• managing the underwriting capacity of a Lloyds syndicate as a managing agent at Lloyds

• advising on syndicate participation at Lloyds

• arranging deals in contracts of insurance written at Lloyds

SUP 16.12.9 R 2

SUP 16.12.9 R 2

SUP 16.12.9 R 2

RAG 3

• dealing in investment as principal

• dealing in investments as agent

• advising on investments (except P2P agreements) 67 (excluding retail investment activities)

• arranging (bringing about) deals in investments (excluding retail investment activities)

• advising on P2P agreements (when carried on exclusively with or for professional clients)67

SUP 16.12.10 R 2

SUP 16.12.11 R 78 89

37 37

SUP 16.12.10 R 2 SUP 16.12.12 R 78

37

SUP 16.12.10 R 2 SUP 16.12.13 R

RAG 4

• managing investments

• establishing, operating or winding up a collective investment scheme

• establishing, operating or winding up a stakeholder pension scheme

• establishing, operating or winding up a personal pension scheme2

• managing an AIF38

managing a UK UCITS82

operating an electronic system in relation to lending (FCA-authorised persons only)48

38 38 38 5

SUP 16.12.14 R 2

SUP 16.12.15 R 78 89

37 37

SUP 16.12.14 R 2 SUP 16.12.16 R 78

37

SUP 16.12.14 R 2 SUP 16.12.17 R

RAG 5

home finance administration or home finance providing activity11

• the activity of a P2P platform operator facilitating a home finance transaction, where the lender or provider does not require permission to enter into the transaction83

11

76 SUP 16.12.18BR 37 and SUP 16.12.18C R58

2 58

76 SUP 16.12.18BR 37 and SUP 16.12.18C R58

2 58

76 SUP 16.12.18BR 37 and SUP 16.12.18C R58

2 58

RAG 6

• safeguarding and administration of assets (without arranging)

• arranging safeguarding and administration of assets

acting as trustee or depositary of an AIF38

acting as trustee or depositary of a UK UCITS82

38 40 38 38

SUP 16.12.19A R 2

SUP 16.12.20 R 2

SUP 16.12.21 R 2

RAG 7

• retail investment activities

• advising on P2P agreements (except when carried on exclusively with or for professional clients)67

• advising on pensions transfers & opt-outs

• arranging (bringing about deals) in retail investments

SUP 16.12.22A R 89

37 78 37

SUP 16.12.23A R 78

37 37

SUP 16.12.24AR 78

RAG 8

• making arrangements with a view to transactions in investments

• operating a multilateral trading facility4

• operating an organised trading facility35

SUP 16.12.25AR 89

80 37 78 37

SUP 16.12.26 R

SUP 16.12.27 R

RAG 9

home finance mediation activity14

insurance distribution activity84 (non-investment insurance contracts)

14

SUP 16.12.28A R 14

SUP 16.12.28A R 14

SUP 16.12.28A R 14

RAG 10

• the activities of an RIE92

92

SUP 16.12.29 G 2

SUP 16.12.29 G 2

SUP 16.12.29 G 2 32

32 RAG 11

81

bidding in emissions auctions 87 81

SUP 16.12.29AR 87 81

SUP 16.12.29AR 87 81

SUP 16.12.29AR 87 81

47 RAG 12 71

credit-related regulated activity

SUP 16.12.29C R

SUP 16.12.29C R

SUP 16.12.29C R

SUP 16.12.4B G RP

[deleted]89

13

Investment firm group reporting

SUP 16.12.4C G

89 MIFIDPRU 9 contains reporting requirements for:

  1. (1)

    UK parent entities of investment firm groups that are subject to consolidation under MIFIDPRU 2.5; and

  2. (2)

    parent undertakings that are subject to the group capital test.

The reporting requirements apply even if the UK parent entity or parent undertaking is not an authorised person.

3

13
SUP 16.12.5 R

[deleted]76

6
SUP 16.12.6 R

[deleted]76

6
SUP 16.12.7 R

[deleted]76

13

Regulated Activity Group 2.2

SUP 16.12.9 R RP

2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below.11

The applicable reporting frequencies for submission of data items and periods referred to in SUP 16.12.4 R are set out in the table below and are calculated from a firm'saccounting reference date, unless indicated otherwise.

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period. 11

11

Member's adviser

92

the Society (note 1)

Description of data item76

Frequency

Submission deadline

Description of data item

Frequency

Submission deadline

Annual Lloyd's return

Annually

6 months after the Society'saccounting reference date

Syndicate accounts and reports (note 2)

Annually

6 months after the Society'saccounting reference date

Quarterly reporting statement

Quarterly

15 business days after the quarter end

Balance Sheet

FSA001 (note89 20) or

13

Quarterly or half yearly

(note 14)

FSA029

Quarterly (note 14)

(note 14)

Income Statement

FSA002 (note20), or

13

Quarterly or half yearly (note 14)

(note 14)

FSA030

Quarterly

(note 14)

Capital Adequacy

FSA003 (notes 4, 20) or

Monthly, quarterly or half yearly (note 14)

(note 14)

FSA033 (note 12) or

Quarterly

(note 14)

FSA034 (note 13) or

Quarterly

(note 14)

FSA035 (note 13)

Quarterly

(note 14)

Credit Risk

FSA004 (notes 5, 20)

13

Quarterly or half yearly (note 14)

(note 14)

Market Risk

FSA005 (notes 6, 20)

13

Quarterly or half yearly (note 14)

(note 14)

13
13 13 13

13
13 13 13

Large Exposures

FSA008 (note 2089)15

15 13

Quarterly

20 business days (note 19)

13
13 13 13

13
13 13 13

13
13 13 13

13
13 13 13

13
13 13 13

Note 1

The Society must prepare its reports in the format specified in IPRU(INS) Appendix 9.11, unless Note 2 applies.

Note 2

The Society must ensure that the annual syndicate accounts and reports are prepared in accordance with the Insurance Accounts Directive (Lloyd's Syndicate and Aggregate Accounts) Regulations 2008 (S.I. 2008/1950).

Note 3

[deleted]92

92

Note 4

Only firms subject to IPRU(INV) 4 report data item FSA003.

Note 5

This applies to a firm that is required to submit data item FSA003 and, at anytime within the 12 months up to its latest accounting reference date ("the relevant period"), was reporting data item FSA004 ("Firm A") or not reporting this item ("Firm B").

In the case of Firm A it must report this data item if one or both of its last two submissions in the relevant period show that the threshold was exceeded.

In the case of Firm B it must report this item if both the last two submissions in the relevant period show that the threshold has been exceeded.

The threshold is exceeded where data element 77A in data item FSA003 is greater than £10 million, or its currency equivalent, at the relevant reporting date for the firm.

Note 6

This applies to a firm that is required to submit data item FSA003 and, at anytime within the 12 months up to its latest accounting reference date ("the relevant period"), was reporting data item FSA005 ("Firm A") or not reporting this item ("Firm B").

In the case of Firm A it must report this data item if one or both of its last two submissions in the relevant period show that the threshold was exceeded.

In the case of Firm B it must report this item if both the last two submissions in the relevant period show that the threshold has been exceeded.

The threshold is exceeded where data element 93A in data item FSA003 is greater than £50 million, or its currency equivalent, at the relevant reporting date for the firm.

Note 7

[deleted]13

13

Note 8

[deleted]13

13

Note 9

[deleted]13

13

Note 10

[deleted]13

13

Note 11

[deleted]13

13

Note 12

FSA033 is only applicable to firms subject to IPRU(INV) 3.80

Note 13

Only applicable to firms subject to IPRU(INV) 5. FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R74, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed76.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R74.

Note 14

89All UK consolidation group reports report half yearly on 45 business days submission. All other firms report monthly on 20 business days submission.

37 37 37

Note 15

[deleted]89

Note 16

[deleted]13

13

Note 17

[deleted]13

13

Note 18

[deleted]13

13

Note 19

UK consolidation group reports have 45 business days submission.

Note 20

Firms that are members of a UK consolidation group are also required to submit FSA001, FSA002, FSA003, FSA004, FSA005 and FSA008 on a UK consolidation group basis.

15Note 21

[deleted]89

37 37 37
SUP 16.12.9A G RP

A member’s80adviser that is also a MIFIDPRU investment firm89 will80 also fall under one of the higher number RAGs that apply to MIFIDPRU investment firms89. That means76 it will have to report76data items in addition to those76 that it has to supply under RAG 2.2.

13 76 45 45 76

Regulated Activity Group 3

SUP 16.12.10 R RP
  1. (1)

    2SUP 16.12.11 R to SUP 16.12.13 R do not apply to:

    1. (a)

      a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13

    2. (b)

      an OPS firm;

    3. (c)

      a local authority;3

    4. (d)

      a service company.3

  2. (2)

    A PRA lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.55

    55
  3. (3)

    A PRA service company must submit a copy of its annual audited financial statements within 6 months from its accounting reference date. However, the firm need only submit this if the report was audited as a result of a statutory provision other than the Act.55

    55
SUP 16.12.11 R RP

The applicable data items referred to in SUP 16.12.4 R are set out according to firm type in the table below:

89 Description of data item

Firms’ prudential category and applicable data items (note 1)

MIFIDPRU investment firms

Firms other than MIFIDPRU investment firms

IPRU(INV) Chapter 3

IPRU(INV) Chapter 5

91

IPRU(INV) Chapter 13

Solvency statement

No standard format (note 4)

No standard format (note 6)

No standard format (note 4)

Balance sheet

FSA029

(note 2)

FSA029

(note 5)

FSA029

91

Section A RMAR

Income statement

FSA030

(note 2)

FSA030

(note 5)

FSA030

91

Section B RMAR

Capital adequacy

MIF001

(note 2 and 3)

FSA033

(note 5)

FSA034 or FSA035 or FIN071

(note 7)

91

Section D1 RMAR

Supplementary capital data for collective portfolio management investment firms

FIN067

(note 13)

ICARA assessment questionnaire

MIF007

(note 3)

Threshold conditions

Section F RMAR

Client money and client assets

FSA039

FSA039

FSA039

91

Section C RMAR

CFTC

FSA040 (note 8)

FSA040 (note 8)

FSA040 (note 8)

91

FSA040 (note 8)

Liquidity

MIF002

(notes 2, 3 and 10)

Metrics reporting

MIF003

(notes 2 and 3)

Concentration risk (non-K-CON)

MIF004

(notes 2, 3 and 11)

Concentration risk (K-CON)

MIF005

(notes 2, 3 and 11)

Group capital test

MIF006

(notes 3 and 12)

Liquidity Questionnaire

MLA-M (note 9)

MLA-M (note 9)

MLA-M (note 9)

91

MLA-M (note 9)

Note 1

All firms (except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9) must, when submitting the completed data item required, use the format of the data item set out in SUP 16 Annex 24R. Guidance notes for completion of the data items are contained in SUP 16 Annex 25G.

Note 2

A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.

Note 3

Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.

Note 4

Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.

Note 5

Except if the firm is an adviser (as referred to in IPRU-INV (3)-60(4)R).

Note 6

Only required in the case of an adviser (as referred to in IPRU-INV (3)-60(4)R)) that is a sole trader.

Note 7

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R.

Note 8

Only applicable to firms granted a Part 30 exemption order and operating an arrangement to cover forward profits on the London Metals Exchange.

Note 9

Only applicable to RAG 3 firms carrying on home financing or home finance administration connected to regulated mortgage contracts, unless as at 26 April 2014 the firm’sPart 4A permission was and remains subject to a restriction preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts.

Note 10

Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU 6.

Note 11

Only applicable to a non-SNI MIFIDPRU investment firm.

Note 12

Only applicable to a parent undertaking to which the group capital test applies.

Note 13

Only applicable to firms that are collective portfolio management investment firms.

SUP 16.12.11B R

[deleted]80

SUP 16.12.12 R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.4 R2 are set out in the table below according to firm type. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

89Data item

Non-SNI MIFIDPRU investment firm

SNI MIFIDPRU investment firm

Investment firm group

Firm other than a MIFIDPRU investment firm

Solvency statement

Annually

Annually

Annually

FSA029

Quarterly

Quarterly

Quarterly

Quarterly

FSA030

Quarterly

Quarterly

Quarterly

Quarterly

FSA031

Quarterly

FSA033

Quarterly

FSA034

Quarterly

FSA035

Quarterly

FSA039

Half yearly

Half yearly

Half yearly

FSA040

Quarterly

Quarterly

Quarterly

FIN067

Quarterly

(note 3)

Quarterly

(note 3)

FIN071

Quarterly

MIF001

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF002

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF003

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF004

Quarterly

(note 3)

Quarterly

(note 3)

MIF005

Quarterly

Quarterly

MIF006

Quarterly

(note 3)

Quarterly

(note 3)

MIF007

Annually

(note 4)

Annually

(note 4)

Section A RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section B RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section C RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section D1 RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section F RMAR

Half yearly

MLA-M

Quarterly

Quarterly

Quarterly

Quarterly

Note 1

Annual regulated business revenue up to and including £5 million.

Note 2

Annual regulated business revenue over £5 million.

Note 3

Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December.

Note 4

The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.13 R RP

The applicable due dates for submission referred to in 11SUP 16.12.4 R112 are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.12 R, unless indicated otherwise.13

89 Data item

Quarterly

Half yearly

Annual

Solvency statement

3 months

FSA029

20 business days

(note 1)

30 business days

(note 2)

FSA030

20 business days

(note 1)

30 business days

(note 2)

FSA031

20 business days

FSA033

20 business days

FSA034

20 business days

FSA035

20 business days

FSA039

30 business days

FSA040

15 business days

FIN067

20 business days

FIN071

20 business days

MIF001

20 business days

(note 1)

30 business days

(note 2)

MIF002

20 business days

(note 1)

30 business days

(note 2)

MIF003

20 business days

(note 1)

30 business days

(note 2)

MIF004

20 business days

(note 1)

30 business days

(note 2)

MIF005

20 business days

(note 1)

30 business days

(note 2)

MIF006

20 business days

MIF007

The submission date that applies under MIFIDPRU 7.8.4R

Section A RMAR

30 business days

30 business days

Section B RMAR

30 business days

30 business days

Section C RMAR

30 business days

30 business days

Section D1 RMAR

30 business days

30 business days

Section F RMAR

30 business days

MLA-M

20 business days

Note 1

For reports relating to the position of an individual firm.

Note 2

For reports relating to the consolidated situation of an investment firm group.

SUP 16.12.13A R

[deleted]80

Regulated Activity Group 4

SUP 16.12.14 R RP
  1. (1)

    2SUP 16.12.15 R to SUP 16.12.17 R do not apply to:

    1. (a)

      a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    [deleted]55

    55
SUP 16.12.15 R RP

The applicable data items referred to in SUP 16.12.4 R are set out76 according to firm type76 in the table below:

89Description of data item

Firms’ prudential category and applicable data items (note 1)

MIFIDPRU investment firms

Firms other than MIFIDPRU investment firms

IPRU(INV)

Chapter 3

IPRU(INV)

Chapter 5

91

IPRU(INV)

Chapter 11

(collective portfolio management firms only)

IPRU(INV)

Chapter 12

IPRU(INV)

Chapter 13

Solvency statement

(note 2)

No standard format

No standard format

No standard format

Balance sheet

FSA029

(note 3)

FSA029

FSA029

91

FSA029

FSA029

Section A RMAR

Income statement

FSA030

(note 3)

FSA030

FSA030

91

FSA030

FSA030

Section B RMAR

Capital adequacy

MIF001

(note 3 and 4)

FSA033

FSA034 or FSA035 or FIN071

(note 5)

91

FIN066

FIN069

Section D1 RMAR

ICARA assessment questionnaire

MIF007

(note 4)

Supplementary capital data for collective portfolio management investment firms

FIN067

(note 9)

Threshold conditions

Section F RMAR

Volumes and types of business

FSA038

FSA038

91

FSA038

FSA038

Client money and client assets

FSA039

FSA039

FSA039

91

FSA039

FSA039

Section C RMAR

Liquidity

MIF002

(notes 3, 4 and 6)

Metrics monitoring

MIF003

(notes 3 and 4)

Concentration risk (non-K-CON)

MIF004

(notes 3, 4 and 7)

Concentration risk (K-CON)

MIF005

(notes 3, 4 and 7)

Group capital test

MIF006

(notes 4 and 8)

Information on P2P agreements

FIN070

Note 1

All firms, except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9, must, when submitting the completed data item required, use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25.

Note 2

Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.

Note 3

A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.

Note 4

Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.

Note 5

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R.

Note 6

Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU [6].

Note 7

Only applicable to a non-SNI MIFIDPRU investment firm.

Note 8

Only applicable to a parent undertaking to which the group capital test applies.

Note 9

Only applicable to firms that are collective portfolio management investment firms.

SUP 16.12.15A G RP

[deleted]89

80 13 45 45 45 45 45 45 45 45
SUP 16.12.15B R

[deleted]80

SUP 16.12.16 R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.15 R2 are set out in the table below according to firm type. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

89 Data item

Non-SNI MIFIDPRU investment firm

SNI MIFIDPRU investment firm

Investment firm group

Firm other than a MIFIDPRU investment firm

Solvency statement

Annually

Annually

Annually

FSA029

Quarterly

Quarterly

Quarterly

Quarterly

FSA030

Quarterly

Quarterly

Quarterly

Quarterly

FSA031

Quarterly

FSA033

Quarterly

FSA034

Quarterly

FSA035

Quarterly

FSA039

Half yearly

Half yearly

Half yearly

FIN067

Quarterly

(note 3)

Quarterly

(note 3)

FIN071

Quarterly

MIF001

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF002

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF003

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF004

Quarterly

(note 3)

Quarterly

(note 3)

MIF005

Quarterly

Quarterly

MIF006

Quarterly

(note 3)

Quarterly

(note 3)

MIF007

Annually

(note 4)

Annually

(note 4)

Section A RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section B RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section C RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section D1 RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section F RMAR

Half yearly 90

Note 1

Annual regulated business revenue up to and including £5 million.

Note 2

Annual regulated business revenue over £5 million.

Note 3

Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December.

Note 4

The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.16A R

[deleted]80

SUP 16.12.17 R RP

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.16 R, unless indicated otherwise.13

89 Data item

Quarterly

Half yearly

Annual

Solvency statement

3 months

FSA029

20 business days

(note 1)

30 business days

(note 2)

FSA030

20 business days

FSA031

20 business days

FSA033

20 business days

FSA034

20 business days

FSA035

20 business days

FSA039

30 business days

FIN067

20 business days

FIN071

20 business days

MIF001

20 business days

(note 1)

30 business days

(note 2)

MIF002

20 business days

(note 1)

30 business days

(note 2)

MIF003

20 business days

(note 1)

30 business days

(note 2)

MIF004

20 business days

(note 1)

30 business days

(note 2)

MIF005

20 business days

(note 1)

30 business days

(note 2)

MIF006

20 business days

MIF007

The submission date that applies under MIFIDPRU 7.8.4R

Section A RMAR

30 business days

30 business days

Section B RMAR

30 business days

30 business days

Section C RMAR

30 business days

30 business days

Section D1 RMAR

30 business days

30 business days

Section F RMAR

30 business days

Note 1

For reports relating to the position of an individual firm.

Note 2

For reports relating to the consolidated situation of an investment firm group.

SUP 16.12.17A R

[deleted]80

Regulated Activity Group 5

SUP 16.12.18 R
SUP 16.12.18A R

[deleted]80

46 46 46 46 46
SUP 16.12.18AA R RP
  1. (1)

    SUP 16.12.18B R and SUP 16.12.18C R do58 not apply to:

    58
    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.18B R RP

The applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.

46Description of data item

Data item (note 1)

Frequency

Submission deadline

Balance Sheet

Sections A.1 and A.2 MLAR

Quarterly

20 business days

Income Statement

Sections B.0 and B.1 MLAR

Quarterly

20 business days

Capital Adequacy(notes 4 and 5)70

58

Section C MLAR

Quarterly

20 business days

Lending - Business flow and rates

Section D MLAR

Quarterly

20 business days

Residential Lending to individuals - New business profile

Section E MLAR

Quarterly

20 business days

Lending - arrears analysis

Section F MLAR

Quarterly

20 business days

Mortgage Administration - Business Profile

Section G MLAR

Quarterly

20 business days

Mortgage Administration - Arrears analysis

Section H MLAR

Quarterly

20 business days

Analysis of loans to customers

Section A3 MLAR

Quarterly

20 business days

Provisions analysis

Section B2 MLAR

Quarterly

20 business days

Fees and Levies

Section J MLAR

Annually

30 business days

Sale and rent back

Section K MLAR

Annually

30 business days

Credit Risk (notes 2 and 4)58

58

Section L MLAR

Quarterly

20 business days

Liquidity (notes 3 and 4)58

58

Section M MLAR

Quarterly

20 business days

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 19A. Guidance notes for the completion of the data items are set out in SUP 16 Annex 19B.

Note 2

Only applicable to a firm that has one or more exposures that satisfy the conditions set out in MIPRU 4.2A.4 R, and:

- has permission to carry on any home financing which is connected to regulated mortgage contracts; or

- has permission to carry on home financing and home finance administration which is connected to regulated mortgage contracts (and no other activity); or

- has permission to carry on home finance administration which is connected to regulated mortgage contracts and has all or part of the home finance transactions that it administers on its balance sheet.

Note 3

Only applicable to a firm that:64

- is80 subject to MIPRU 4.2D;

-80 has no restriction to its Part 4A permission preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts; and

- has permission to carry on any home financing or home finance administration connected to regulated mortgage contracts.

64 64

Note 4

Not applicable if the firm exclusively carries on home finance administration or home finance providing activities in relation to second charge regulated mortgage contracts or legacy CCA mortgage contracts (or both)66.

Also not applicable if the firm is a P2P platform operator facilitating home finance transactions.83

70Note 5

Only applicable to a firm that is subject to MIPRU 4.2 (Capital resources requirements).

SUP 16.12.18C R RP

58Additional applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below for a firm carrying on home finance administration or home finance providing activities in relation to second charge regulated mortgage contracts. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.

Description of data item

Data item (note 1)

Frequency

Submission deadline

Analysis of second charge loans to customers

Section A4 64MLAR

Quarterly

20 business days

Second charge business flow and rates

Section D1 64MLAR

Quarterly

20 business days

Second charge lending to individuals

Section E1 64MLAR

Quarterly

20 business days

Second charge lending - arrears analysis

Section F1 MLAR64

Quarterly

20 business days

85Second charge mortgage administration – business profile

Section G1 MLAR

Quarterly

20 business days

Second charge mortgage administration - arrears analysis

Section H1 MLAR64

Quarterly

20 business days

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 19AA R. Guidance notes for the completion of the data items are set out in SUP 16 Annex 19B.

Regulated Activity Group 6

SUP 16.12.19 R RP
  1. (1)

    2SUP 16.12.19A R to SUP 16.12.21 R do not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    [deleted]55

    55
SUP 16.12.19A R RP

2The applicable data items80 referred to in SUP 16.12.4 R are set out according to type of firm8 in the table below:

8 8 8

Description of data item 11

Firms’ 76 prudential category and applicable data items 76 (note 1)

IPRU(INV) Chapter 3

IPRU(INV) Chapter 5

91

IPRU(INV) Chapter 13

43

Solvency statement (note 6)5

No standard format5

43

Balance sheet

FSA029

11

FSA029

11

91

Section A RMAR89

11
43 11

Income statement

FSA030

11

FSA030

11

91

Section B RMAR89

11
43 11

Capital adequacy

FSA033

11

FSA034 or FSA035 or FIN07152or FIN072 69 (note 4)11

91

Section D1 RMAR89

50 50 62 20
43 11

5Threshold conditions

Section F RMAR89

24

Client money and client assets

FSA039

FSA039

91

Section C RMAR

5

11

43

69Pillar 2 questionnaire

FSA019 (note 8)

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25.

Note 2

[deleted]24

24

Note 3

[deleted]11

11

Note 4

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R74, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed76.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R74, unless76 the firm is the depositary of a UCITS scheme in which case, FIN072 must be completed75.52

75 69 75 74 69

Note 5

[deleted]89

50 5

Note 6

Only applicable to a firm that is a partnership, when the report must be submitted by each partner.

5Note 7

[deleted]89

11 24 24 62 24 11

69Note 8

Only applicable to a firm that is the depositary of a UCITS scheme.

SUP 16.12.20 R RP

2The applicable reporting frequencies for submission of data items referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

Solvency statement

Annually

69FSA019

Annually

FSA029

Quarterly

8

FSA030

Quarterly

8

FSA031

Quarterly

FSA032

Quarterly

FSA033

Quarterly

8

FSA034

Quarterly

8

FSA035

Quarterly

8 43

FSA039

Half yearly11

52FIN071

Quarterly

69FIN072

Quarterly

5Section A RMAR

Half yearly (note 2)

Quarterly (note 3)

5Section B RMAR

Half yearly (note 2)

Quarterly (note 3)

5Section C RMAR

Half yearly (note 2)

Quarterly (note 3)

Sections D1 and D2 RMAR80

50 50 50 62

Half yearly (note 2)

Quarterly (note 3)

5Section F RMAR

Half yearly

Note 1

[deleted]8

8

5Note 2

Annual regulated business revenue up to and including £5 million.

5Note 3

5Annual regulated business revenue over £5 million.

SUP 16.12.21 R RP

2The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.20 R.

Data item

Quarterly18

Half yearly18

Annual18

Solvency statement

3 months

69FSA019

2 months

FSA029

20 business days

11

FSA030

20 business days

11

FSA031

20 business days

FSA032

20 business days

FSA033

20 business days

11

FSA034

20 business days

11

FSA035

20 business days

11 43

FSA039

30 business days

75

69

FSA040

15 business days 3

52FIN071

20 business days

75FIN072

20 business days

5Section A RMAR

30 business days

30 business days

5Section B RMAR

30 business days

30 business days

5Section C RMAR

30 business days

30 business days

Sections D1 and D2 RMAR80

49 17 49 50 62

30 business days

30 business days

5Section F RMAR

30 business days

Regulated Activity Group 7

SUP 16.12.22 R RP
  1. (1)

    2SUP 16.12.22A R to SUP 16.12.24 R do not apply to:

    1. (a)

      a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13

    2. (b)

      an OPS firm;

    3. (c)

      a local authority.

  2. (2)

    [deleted]55

    55
SUP 16.12.22A R RP

2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:

89Description of data item

Firms’ prudential category and applicable data item (note 1)

MIFIDPRU investment firms

Firms subject to IPRU(INV)

Chapter 13

Firms that are also in one or more of RAGs 2 to 6 and not subject to IPRU(INV)

Chapter 13

Solvency statement

No standard format

(note 2)

Balance sheet

FSA029

(note 3)

Section A RMAR

Income statement

FSA030

(note 3)

Section B RMAR

Capital adequacy

MIF001

(notes 3 and 6)

Section D1 RMAR (note 9)

Liquidity

MIF002 (notes 3, 4 and 6)

Metrics monitoring

MIF003

(notes 3 and 6)

Concentration risk

(non-K-CON)

MIF004

(notes 3, 5 and 6)

Concentration risk

(K-CON)

MIF005

(notes 3, 5 and 6)

Group capital test

MIF006

(notes 6 and 8)

ICARA assessment questionnaire

MIF007

(note 6)

Supplementary capital data for collective portfolio management investment firms

FIN067

(note 10)

Professional indemnity insurance (note 11)90

Section E RMAR

Section E RMAR

Section E RMAR

Threshold conditions

Section F RMAR

Training and competence

Section G RMAR

Section G RMAR

Section G RMAR

COBS data

Section H RMAR

Section H RMAR

Section H RMAR

Client money and client assets

Section C RMAR

Section C RMAR

Fees and levies

Section J RMAR

Section J RMAR

Adviser charges

Section K RMAR (note 7)

Section K RMAR (note 7)

Section K RMAR (note 7)

Note 1

When submitting the completed data item required, a firm (except a MIFIDPRU investment firm in relation to an item reported under MIFIDPRU 9) must use the format of the data item set out in SUP 16 Annex 24R, or SUP 16 Annex 18AR in the case of the RMAR. Guidance notes for completion of the data items are contained in SUP 16 Annex 25, or SUP 16 Annex 18BG in the case of the RMAR.

Note 2

Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.

Note 3

A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.

Note 4

Does not apply to an SNI MIFIDPRU investment firm which has been granted an exemption from the liquidity requirements in MIFIDPRU 6.

Note 5

Only applicable to a non-SNI MIFIDPRU investment firm.

Note 6

Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.

Note 7

This item only applies to firms that provide advice on retail investment products and P2P agreements.

Note 8

Only applicable to a parent undertaking to which the group capital test applies.

Note 9

Where a firm submits data items for both RAG 7 and RAG 9, the firm must complete Section D1.

Note 10

Only applicable to firms that are collective portfolio management investment firms.

Note 11

Only applicable to firms that are subject to an FCA requirement to hold professional indemnity insurance and are not MIFIDPRU investment firms.90

SUP 16.12.22B G RP

[deleted]89

13 45 45 80 45 45 45 45 45 45
SUP 16.12.22C R

[deleted]80

SUP 16.12.23 R

[deleted]80

SUP 16.12.23A R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.22A R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.45

89 Data item

Frequency

Non-SNI MIFIDPRU investment firm

SNI MIFIDPRU investment firm

Investment firm group

Annual regulated business revenue up to and including £5 million

Annual regulated business revenue over £5 million

Solvency statement

Annually

Annually

FSA029

Quarterly

Quarterly

Quarterly

FSA030

Quarterly

Quarterly

Quarterly

FIN067

Quarterly

Quarterly

MIF001

Quarterly

(note 1)

Quarterly

(note 1)

Quarterly

(note 1)

MIF002

Quarterly

(note 1)

Quarterly

(note 1)

Quarterly

(note 1)

MIF003

Quarterly

(note 1)

Quarterly

(note 1)

Quarterly

(note 1)

MIF004

Quarterly

(note 1)

Quarterly

(note 1)

MIF005

Quarterly

Quarterly

MIF006

Quarterly

(note 1)

Quarterly

(note 1)

MIF007

Annually

(note 2)

Annually

(note 2)

Section A RMAR

Half yearly

Quarterly

Section B RMAR

Half yearly

Quarterly

Section C RMAR

Half yearly

Quarterly

Section D1 RMAR

Half yearly

Quarterly

Section E RMAR

Half yearly

Half yearly

Half yearly

Half yearly

Quarterly

Section F RMAR

Half yearly

Half yearly

Half yearly

Half yearly

Half yearly

Section G RMAR

Half yearly

Half yearly

Half yearly

Half yearly

Half yearly

Section H RMAR

Half yearly

Half yearly

Half yearly

Half yearly

Half yearly

Section J RMAR

Annually

Annually

Annually

Annually

Annually

Section K RMAR

Annually

Annually

Annually

Annually

Annually

Note 1

Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December.

Note 2

The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.24 R

[deleted]80

SUP 16.12.24A R RP

45The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.23A R, unless indicated otherwise.

89 Data item

Quarterly

Half yearly

Annual

Solvency statement

3 months

FSA029

20 business days

(note 1)

30 business days

(note 2)

FSA030

20 business days

(note 1)

30 business days

(note 2)

FIN067

20 business days

MIF001

20 business days

(note 1)

30 business days

(note 2)

MIF002

20 business days

(note 1)

30 business days

(note 2)

MIF003

20 business days

(note 1)

30 business days

(note 2)

MIF004

20 business days

(note 1)

30 business days

(note 2)

MIF005

20 business days

(note 1)

30 business days

(note 2)

MIF006

20 business days

MIF007

The submission date that applies under MIFIDPRU 7.8.4R

Section A RMAR

30 business days

30 business days

Section B RMAR

30 business days

30 business days

Section C RMAR

30 business days

30 business days

Section D1 RMAR

30 business days

30 business days

Section E RMAR

30 business days

30 business days

Section F RMAR

30 business days

Section G RMAR

30 business days

Section H RMAR

30 business days

Section J RMAR

30 business days

Section K RMAR

30 business days

Note 1

For reports relating to the position of an individual firm.

Note 2

For reports relating to the consolidated situation of an investment firm group.

Regulated Activity Group 8

SUP 16.12.25 R RP
  1. (1)

    2SUP 16.12.25A R does not apply to:

    1. (a)

      a lead regulated firm (except in relation to data items 47 to 55 (inclusive));13

    2. (b)

      an OPS firm;

    3. (c)

      a local authority;

    4. (d)

      a service company.

  2. (2)

    [deleted]55

    55
  3. (3)

    [deleted]55

    55
SUP 16.12.25A R RP

2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:

89Description of data item

Firms’ prudential category and applicable data items (note 1)

MIFIDPRU investment firms

Firms other than MIFIDPRU investment firms

IPRU(INV)

Chapter 3

IPRU(INV)

Chapter 5

91

IPRU(INV)

Chapter 13

Solvency statement

(note 2)

No standard format

Balance sheet

FSA029

(note 3)

FSA029

FSA029

91

Section A RMAR

Income statement

FSA030

(note 3)

FSA030

FSA030

91

Section B RMAR

Capital adequacy

MIF001

(notes 3 and 5)

FSA033

FSA034 or FSA035 or FIN071

(note 4)

91

Section D1 RMAR

Liquidity

MIF002

(notes 3 and 5)

Metrics monitoring

MIF003

(notes 3 and 5)

Concentration risk (non-K-CON)

MIF004

(notes 3, 5 and 7)

Concentration risk (K-CON)

MIF005

(notes 3, 5 and 7)

Group capital test

MIF006

(notes 5 and 6)

ICARA assessment questionnaire

MIF007

(note 5)

Threshold conditions

Section F RMAR (note 17)

Client money and client assets

FSA039

FSA039

FSA039

91

Section C RMAR (note 13) or FSA039

Note 1

All firms (except MIFIDPRU investment firms in relation to items reported under MIFIDPRU 9) when submitting the completed data item required, must use the format of the data item set out in SUP 16 Annex 24. Guidance notes for completion of the data items are contained in SUP 16 Annex 25.

Note 2

Only applicable to a firm that is a sole trader or partnership. Where the firm is a partnership, this report must be submitted by each partner.

Note 3

A UK parent entity of an investment firm group to which consolidation applies under MIFIDPRU 2.5 must also submit this report on the basis of the consolidated situation.

Note 4

FSA034 must be completed by a firm not subject to the exemption in IPRU(INV) 5.4.2R, unless it is a firm whose permitted business includes establishing, operating or winding up a personal pension scheme, in which case FIN071 must be completed.

FSA035 must be completed by a firm subject to the exemption in IPRU(INV) 5.4.2R.

Note 5

Data items MIF001 – MIF007 must be reported in accordance with the rules in MIFIDPRU 9.

Note 6

Only applicable to a parent undertaking to which the group capital test applies.

Note 7

Only applicable to a non-SNI MIFIDPRU investment firm.

SUP 16.12.25B G RP

[deleted]89

13 45 45 45 45 45 45 45 45
SUP 16.12.25C R

[deleted]80

SUP 16.12.26 R RP

The applicable reporting frequencies for data items referred to in SUP 16.12.25A R are set out according to the type of firm2 in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise.

89 Data item

Non-SNI MIFIDPRU investment firm

SNI MIFIDPRU investment firm

Investment firm group

Firm other than a MIFIDPRU investment firm

Solvency statement

Annually

Annually

Annually

FSA029

Quarterly

Quarterly

Quarterly

Quarterly

FSA030

Quarterly

Quarterly

Quarterly

Quarterly

FSA031

Quarterly

FSA033

Quarterly

FSA034

Quarterly

FSA035

Quarterly

FSA039

Half yearly

Half yearly

Half yearly

FIN071

Quarterly

MIF001

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF002

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF003

Quarterly

(note 3)

Quarterly

(note 3)

Quarterly

(note 3)

MIF004

Quarterly

(note 3)

Quarterly

(note 3)

MIF005

Quarterly

Quarterly

MIF006

Quarterly

Quarterly

MIF007

Annually

(note 4)

Annually

(note 4)

Section A RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section B RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section C RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section D1 RMAR

Half yearly

(note 1)

Quarterly

(note 2)

Section F RMAR

Half yearly

Note 1

Annual regulated business revenue up to and including £5 million.

Note 2

Annual regulated business revenue over £5 million.

Note 3

Reporting frequencies and reporting periods for this data item are calculated on a calendar year basis and not by reference to the firm’saccounting reference date. The relevant quarters end on the last business day of March, June, September and December.

Note 4

The reporting period for MIF007 is determined by the date on which the firm reviews its ICARA process under MIFIDPRU 7.8.2R and the submission date that applies under MIFIDPRU 7.8.4R.

SUP 16.12.26A R

[deleted]80

SUP 16.12.27 R RP

The applicable due dates for submission referred to in SUP 16.12.4 R are set out in the table below. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period set out in SUP 16.12.26 R, unless indicated otherwise13.

89 Data item

Quarterly

Half yearly

Annual

Solvency statement

3 months

FSA029

20 business days

(note 1)

30 business days

(note 2)

FSA030

20 business days

(note 1)

30 business days

(note 2)

FSA031

20 business days

FSA033

20 business days

FSA034

20 business days

FSA035

20 business days

FSA039

30 business days

FIN071

20 business days

MIF001

20 business days

(note 1)

30 business days

(note 2)

MIF002

20 business days

(note 1)

30 business days

(note 2)

MIF003

20 business days

(note 1)

30 business days

(note 2)

MIF004

20 business days

(note 1)

30 business days

(note 2)

MIF005

20 business days

(note 1)

30 business days

(note 2)

MIF006

20 business days

MIF007

The submission date that applies under MIFIDPRU 7.8.4R

Section A RMAR

30 business days

30 business days

Section B RMAR

30 business days

30 business days

Section C RMAR

30 business days

30 business days

Section D1 RMAR

30 business days

30 business days

Section F RMAR

30 business days

30 business days

Note 1

For reports relating to the position of an individual firm.

Note 2

For reports relating to the consolidated situation of an investment firm group.

SUP 16.12.27A R

[deleted]80

Regulated Activity Group 9

SUP 16.12.28 R RP
  1. (1)

    2SUP 16.12.28A R does not apply to:

    1. (a)

      a lead regulated firm;

    2. (b)

      an OPS firm;

    3. (c)

      a local authority;11

    4. (d)

      a third party processor in respect of any home finance activity.11

  2. (2)

    A lead regulated firm and an OPS firm must submit a copy of its annual report and audited accounts within 80 business days from its accounting reference date.

SUP 16.12.28A R RP

2The applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.

Description of data item 11

Data item 11 (note 1)

Frequency

Submission deadline

Annual regulated business revenue up to and including £5 million

Annual regulated business revenue over £5 million

Balance Sheet

Section A RMAR

Half yearly

Quarterly

30 business days

Income Statement

Section B RMAR

Half yearly

Quarterly

30 business days

Capital Adequacy (note 3)58

Section D1 RMAR

Half yearly

Quarterly

30 business days

Professional indemnity insurance

(note 2)11

Section E RMAR

Half yearly

Quarterly 11

11

30 business days

Threshold Conditions

Section F RMAR

Half yearly

Half yearly

30 business days

Training and Competence

Section G RMAR

Half yearly

Half yearly

30 business days

COBS11 data

Section H RMAR

Half yearly

Half yearly

30 business days

Supplementary product sales data

Section I RMAR

Half yearly11

11

Annually

30 business days

Client money and client assets (note 3)58

Section C RMAR

Half yearly

Quarterly

30 business days

Fees and levies

Section J RMAR

Annually

Annually

30 business days

Note 1

When submitting the completed data item required, a firm must use the format of the data item set out in SUP 16 Annex 18A. Guidance notes for the completion of the data items is set out in SUP 16 Annex 18B.

11Note 2

This item only applies to firms that may be subject to an FCA80 requirement to hold professional indemnity insurance and are not MIFIDPRU investment firms89.

68

58Note 3

This item does not apply to firms who only carry on home finance mediation activities exclusively in relation to second charge regulated mortgage contracts or legacy CCA mortgage contracts (or both)66 and who are not otherwise expected to complete it by virtue of carrying out other regulated activities.

This item also does not apply if the firm is a P2P platform operator facilitating home finance transactions and is not required to submit it by virtue of carrying out other regulated activities. 83

Regulated Activity Group 10

SUP 16.12.29 G RP

2 RIEs have separate reporting as set out in REC.92

92

Regulated Activity Group 11

SUP 16.12.29A R RP

87A firm must submit the form contained in SUP 16 Annex 32R (Bidding in emissions auctions return) annually within 30 business days from its accounting reference date unless it is an exempt MiFID commodities firm that did not carry on any auction regulation bidding during the year to which that form relates.

81 32

Regulated Activity Group 1247

SUP 16.12.29B R RP

47 SUP 16.12.29C R does not apply:

  1. (1)

    to a credit firm if the only credit-related regulated activity it carries on is providing credit references;

  2. (2)

    [deleted]76

  3. (2A)

    to a firm if the only credit-related regulated activity it carries on is advising on regulated credit agreements for the acquisition of land;63

  4. (3)

    with respect to credit-related regulated activity to the extent that it relates to credit agreements secured by a legal or equitable mortgage on land.

SUP 16.12.29C R RP

47The applicable data items, reporting frequencies and submission deadlines referred to in SUP 16.12.4 R are set out in the table below. Reporting frequencies are calculated from a firm'saccounting reference date, unless indicated otherwise. The due dates are the last day of the periods given in the table below following the relevant reporting frequency period.

Description of data item

Data item (note 1)

Frequency

Submission deadline

Annual revenue from credit-related regulated activities up to and including £5 million (note 2)

Annual revenue from credit-related regulated activities over £5 million

Financial data (note 3)

CCR001

Annually

Half yearly

30 business days

Volumes (note 4)

CCR002

Annually

Half yearly

30 business days

Lenders (note 5)

CCR003

Annually

Half yearly

30 business days

Debt management (note 6)

CCR004

Annually

Half yearly

30 business days

Client Money & Assets (note 7)

CCR005

Annually

Half yearly

30 business days

Debt collection (note 8)

CCR006

Annually

Half yearly

30 business days

Key data (note 9)

CCR007

Annually

Annually

30 business days56

56Credit broking websites (note 10)

73

73

60

73

60

[deleted]73

Note 1

When submitting the required data item, a firm must use the format of the data item set out in SUP 16 Annex 38A50. Guidance notes for the completion of the data items is set out in SUP 16 Annex 38B50.

Note 2

References to revenue in SUP 16.12.29C R in relation to any firm do not include the amount of any repayment of any credit provided by that firm as lender.

Note 3

(a) Subject to (b) to (d) below, this data item applies to all credit firms.

(b) This data item does not apply to a firm if the only credit-related regulated activity for which it has permission is operating an electronic system in relation to lending.

(c) This data item does not apply to a firm required to submit a Balance Sheet, Income Statement or Capital Adequacy data item from a RAG other than RAG 12.

(d) This data item does not apply to a firm with limited permission unless it is a not-for-profit debt advice body and at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months.

Note 4

(a) Subject to (b) below, this data item applies to all credit firms.

(b) This data item does not apply to a firm with limited permission unless it is a not-for-profit debt advice body and at any point in the last 12 months has held £1 million or more in client money or as the case may be, projects that it will hold £1million or more in client money in the next 12 months.

Note 5

This data item applies to all firms with permission for entering into a regulated credit agreement as lender or exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement.

Note 6

(a) Subject to (b) to (d) below, this data item applies to a debt management firm and to a not-for-profit debt advice body that at any point in the last 12 months has held £1 million or more in client money or, as the case may be, projects that it will hold £1million or more in client money in the next 12 months.

(b) This data item does not apply to a firm with limited permission other than a not-for-profit debt advice body within (a).

(c) This data item does not apply to a firm required to submit a Capital Adequacy data item from a RAG other than RAG 12, or under SUP 16.13, unless (d) applies

(d) Where a firm is required to submit a Capital Adequacy data item from a RAG other than RAG 12 or under SUP 16.13 but the firm's highest capital requirement derives from its activity under RAG 12, the firm should submit both CCR004 and the Capital Adequacy data item required from the RAG other than RAG 12 or SUP 16.13.

Note 7

This data item applies to a CASS debt management firm, unless the firm is subject to a requirement imposed under section 55L of the Act stating that it must not hold client money, or such a requirement to the same effect76.

Note 8

This data item applies to a firm with permission to carry on debt collecting or operating an electronic system in relation to lending.

Note 980