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

SYSC 1.1A Application

16
SYSC 1.1A.1 G RP

1The application of this sourcebook is summarised at a high level in the following table. The detailed application is cut back in SYSC 1 Annex 1 and in the text of each chapter.

Type of firm

Applicable chapters

Insurer, UK ISPV13

Chapters 2, 3, 12 5 to 18, 19F.2,14 213, 2211, 23, 24, 25, 26, 2715, 2814

5

Managing agent

Chapters 2, 3, 11, 12, 18, 19F.2,14 213, 2211, 23, 24, 25, 26, 2715, 2814

Society

Chapters 2, 3, 12, 18, 19F.2,14 213, 2211, 23, 24, 25, 26, 2715, 2814

15Any other SMCR firm

Chapters 4 to 12, 18, 19D, 19F.2, 21, 22, 23, 24, 25, 26, 27, 28

Every other firm

Chapters 4 to 12, 18, 19D, 19F.2,14 216, 2211, 2814

6 2 4 4 6 3 6

Firms that SYSC 19D applies to should also refer to the Remuneration part of the PRA Rulebook13.

SYSC 1.1A.1A G RP

6The application of this sourcebook to specific14firms that are not PRA-authorised persons is summarised at a high level in the following table. The detailed application is cut back in SYSC 1 Annex 1 and in the text of each chapter.

Type of firm

Applicable chapters

Full-scope UK AIFM

Chapters11 4 to 10, 12, 18, 1219B, 19F.2,14 21, 2211, 23, 24, 25, 26, 27,17 2814

BIPRU firm (including a third-country BIPRU firm)

Chapters 4 to 10, 12, 18, 19C, 19F.2,14 20,10 21, 2211, 23, 24, 25, 26, 27,17 2814

IFPRU investment firm (including an overseas firm that would have been an IFPRU investment firm if it had been a UK domestic firm)

Chapters 4 to 10, 12, 18, 19A, 19F.2,14 20,10 21, 2211, 23, 24, 25, 26, 27,17 2814

SYSC 1.1A.2 G RP

18The provisions in SYSC should be read in conjunction with GEN 2.2.23 R to GEN 2.2.25 G. In particular:

  1. (1)

    [deleted]9

  2. (2)

    Provisions made by the FCA, and by the9PRA in the PRA Rulebook,9 may be applied by both regulators to PRA-authorised persons. Such provisions are applied by each regulator to the extent of its powers and regulatory responsibilities.9

    5
  3. (3)

    5For Solvency II firms, the FCA considers that the requirements and guidance14 in Chapters 2, 3, 12 to 18,11 19F.2,14 21, 22 and 2814 of SYSC are not inconsistent with: 7

    115
    1. (a)

      the parts of the PRA Rulebook which implemented16 the governance provisions in the Solvency II Directive (articles 40 to 49);7

    2. (b)

      the Solvency II Regulation16, or7

    3. (c)

      EIOPA guidelines on systems of governance dated 28 January 2015 (EIOPA-BoS-14/253 EN)16.7

    In most cases, there is no direct overlap with those provisions because the SYSC requirements are directed at FCA conduct requirements not expressly covered by or under provisions which implemented or supplemented16 the Solvency II Directive. Where there is a direct overlap with SYSC rules and guidance, the FCA will take requirements and guidelines which implemented or supplemented16 the Solvency II Directive into account16. The definition of Solvency II firm includes (for SYSC) large non-directive insurers because the PRA have applied certain Solvency II derived requirements to those firms. Where SYSC refers to the PRA Rulebook applicable to Solvency II firms, large non-directive insurers should read those references as if they were references to the corresponding part of the PRA Rulebook applicable to large non-directive insurers.8

    7