Related provisions for CONC 4.3.1

COBS 2.3.12E06/04/2016

(1) 1This evidential provision applies in relation to a holding in, or the provision of credit to, a firm which holds itself out as making personal recommendations to retail clients on retail investment products or P2P agreements10, except where the relevant transaction is between persons who are in the same immediate group.55(2) A retail investment product provider5 or operator of an electronic system in relation to lending10 should not take any step which would result in it:5(a)

COBS 2.3.12AG06/04/2016

5Where a retail investment product provider or operator of an electronic system in relation to lending, 10or its associate, provides credit to a retail client of a firm making personal recommendations in relation to retail investment products or P2P agreements10 or giving advice, or providing services, to an employer in connection with a group personal pension scheme or group stakeholder pension scheme6, this may create an indirect benefit for the firm and, to the extent that

PERG 2.11.6G28/09/2015

4The exemption from operating an electronic system in relation to lending in paragraph 44(A1) of the Schedule to the Exemption Order applies to a charity (as defined in article 3 to the Exemption Order) which carries on that activity in relation to an article 36H agreement (see PERG 2.7.7HG(4)). For the exemption to apply, the only amount payable to the lender under, or in connection with, the agreement must be the amount of credit provided; no interest or other charges may be

DISP 1.10.1R03/12/2015

618(1) Unless (2) applies, twice a year a firm must provide the FCA with a complete report concerning complaints received from eligible complainants.10618(2) If a firm has permission to carry on only credit-related regulated activities or operating an electronic system in relation to lending and has revenue arising from those activities that is less than or equal to £5,000,000 a year, the firm must provide the FCA with a complete report concerning complaints received from eligible

DISP 1.10.4AR03/12/2015

If a firm has permission to carry on only credit-related regulated activities or operating an electronic system in relation to lending and has revenue arising from those activities that is less than or equal to £5,000,000 a year, the relevant reporting period is the year immediately following the firm'saccounting reference date.10

SUP 16.12.4R06/04/2016

Table of applicable rules containing data items 4, frequency and submission periods

(1)		(2)	(3)	(4)
RAGnumber	Regulated Activities	Provisions containing:
RAGnumber	Regulated Activities	applicabledata items	reporting frequency/ period	due date32 32
RAG 1	• accepting deposits • meeting of repayment claims 12 • managing dormant account funds (including the investment of such funds)12 27	SUP 16.12.5 R, except FSA001 and FSA002 on consolidated basis for FINREP firms 37	SUP 16.12.6 R	SUP 16.12.7 R
RAG 2.1	• effecting contracts of insurance • carrying out contracts of insurance • entering as provider into a funeral plan contract	SUP 16.12.8 R2	SUP 16.12.8 R2	SUP 16.12.8 R2
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 R2	SUP 16.12.9 R2	SUP 16.12.9 R2
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 R2 SUP 16.12.11 R or SUP 16.12.11B R for UK designated investment firms 37except FSA001 and FSA002 on consolidated basis for FINREP firms 37	SUP 16.12.10 R2SUP 16.12.12 R or SUP 16.12.12A R for UK designated investment firms 37	SUP 16.12.10 R2SUP 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 AIF 38 • managing a UCITS 38 5 • operating an electronic system in relation to lending (FCA-authorised persons only)48 38 38	SUP 16.12.14 R2 SUP 16.12.15 R or SUP 16.12.15B R for UK designated investment firms 37, except FSA001 and FSA002 on consolidated basis for FINREP firms 37	SUP 16.12.14 R2SUP 16.12.16 R or SUP 16.12.16A R for UK designated investment firm 37	SUP 16.12.14 R2SUP 16.12.17 R
RAG 5	• home finance administration or home finance providing activity 11 11	SUP 16.12.18A R2,58SUP 16.12.18BR 37 and SUP 16.12.18C R58	SUP 16.12.18A R2,58SUP 16.12.18BR 37 and SUP 16.12.18C R58	SUP 16.12.18A R2,58SUP 16.12.18BR 37 and SUP 16.12.18C R58
RAG 6	• safeguarding and administration of assets (without arranging) • arranging safeguarding and administration of assets • acting as trustee or depositary of an AIF 38 • acting as trustee or depositary of a UCITS 38 38 40 38	SUP 16.12.19A R2	SUP 16.12.20 R2	SUP 16.12.21 R2
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 or SUP 16.12.22C R for UK designated investment firms 37, except FSA001 and FSA002 on consolidated basis for FINREP firms 37	SUP 16.12.23A R and37SUP 16.12.23 R for UK designated investment firms 37	SUP 16.12.24 R
RAG 8	• making arrangements with a view to transactions in investments • operating a multilateral trading facility4	SUP 16.12.25A R or SUP 16.12.25C R for UK designated investment firms 37except FSA001 and FSA002 on consolidated basis for FINREP firm 37	SUP 16.12.26 R	SUP 16.12.27 R
RAG 9	• home finance mediation activity 14 • insurance mediation activity (non-investment insurance contracts) 14	SUP 16.12.28A R14	SUP 16.12.28A R14	SUP 16.12.28A R14
RAG 10	• the activities of an RIE 96 96	SUP 16.12.29 G2	SUP 16.12.29 G2	SUP 16.12.29 G2 32
32 RAG 11	bidding in emissions auctions	SUP 16.12.29A R	SUP 16.12.29A R	SUP 16.12.29A R
47 RAG 12 [FCA]	• credit-related regulated activity	SUP 16.12.29C R	SUP 16.12.29C R	SUP 16.12.29C R

SUP 16.12.29CR01/06/2016

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's accounting 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)	CCR008	Quarterly (note 11)60	Quarterly (note 11)60	30 business days
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.
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 9	(a) Subject to (b) and (c) below, this data item applies to a firm that has limited permission. (b) This data item does not apply to an authorised professional firm that is a CASS debt management firm. Such a firm is instead required to submit the other data items in SUP 16.12.29C R as appropriate. (c) This data item does not apply 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. Such a not-for-profit debt advice body is instead required to submit data items CCR001, CCR002, CCR004 and CCR005.56
56Note 10	This data item applies to a firm that carries on credit broking where a fee or charge is or may become payable by a customer in connection with the credit broking activities. Firms are also reminded of the requirement to check the accuracy of standing data (including trading name(s) of the firm and website address) and to report changes to the FCA 68 under SUP 16.10.4 R and the requirement to give the FCA 68 reasonable advance notice of a change in any business name under which the firm carries on a regulated activity or ancillary activity either from an establishment in the United Kingdom or with or for clients in the United Kingdom under SUP 15.5.1 R.
60Note 11	Quarters end on 31 March, 30 June, 30 September and 31 December.

CONC 3.10.1R01/07/2014

This section applies:(1) to a financial promotion in relation to consumer credit lending, credit broking, debt counselling, debt adjusting, operating an electronic system in relation to lending1in relation to prospective borrowers or borrowers1under P2P agreements;1(2) in relation to the communication of a financial promotion that is not in writing.

CONC 5A.5.1R02/01/2015

This section applies to: (1) a firm with respect to consumer credit lending; (2) a firm with respect to debt administration; (3) a firm with respect to debt collecting; or (4) a firm with respect to operating an electronic system in relation to lending.

CONC 7.19.1R01/04/2014

This section applies to a firm with respect to operating an electronic system in relation to lending in relation to a borrower under a P2P agreement.

SYSC 1.4.2R01/04/2013

A contravention of a rule in SYSC 11 to 2SYSC 213 does not give rise to a right of action by a private person under section 138D of the Act (and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action). 344

COBS 4.5.10G06/04/2016

4Operators of electronic systems in relation to lending and firms which advise on P2P agreements should also have regard to the guidance in COBS 14.3.7AG and COBS 14.3.7BG regarding the types of information they should provide to clients to explain the specific nature and risks of P2P agreements.

CONC 1.2.4G04/08/2014

The credit-related regulated activities comprise consumer credit lending, credit broking, debt counselling, debt adjusting, debt administration, debt collecting, providing credit information services, providing credit references, operating an electronic system in relation to lending (but, other than in FEES and SUP, only insofar as it relates to a borrower or prospective borrower under a P2P agreement)1 and consumer hiring.

PERG 2.3.2G06/04/2016

There is power in the Act for the Treasury to change the meaning of the business element by including or excluding certain things. They have exercised this power (see the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 (SI 2001/1177), the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2003 (SI 2003/1476),3 the Financial Services and Markets Act 2000 (Carrying on Regulated Activities

CONC 4.6.1R01/04/2014

(1) This section applies to:(a) a firm with respect to consumer credit lending; or(b) a firm with respect to consumer hiring; or(c) a firm with respect to operating an electronic system in relation to lending in relation to a prospective borrower under a P2P agreement.

CONC 3.1.3R01/04/2014

This chapter, unless a rule in CONC 3 specifies differently, applies to:(1) a communication with a customer in relation to a credit agreement;(2) the communication or approval for communication of a financial promotion in relation to a credit agreement;(3) a communication with a customer in relation to credit broking;(4) the communication or approval for communication of a financial promotion in relation to credit broking;(5) a communication with a borrower or a prospective borrower

DISP 1.10A.1R04/08/2014

(1) 1Unless (1A) applies to the firm, where,27 in accordance with DISP 1.10.1 R, a firm submits a report to the FCA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).27(1A) (a) This paragraph applies to a firm which:(i) has permission to carry on only credit-related regulated activities or to operate an electronic system in relation to lending3; and(ii) has revenue arising from those activities3

CONC 7.17.1R01/04/2014

This section applies to a firm with respect to operating an electronic system in relation to lending in relation to a borrower under a P2P agreement for fixed-sum credit.

PERG 8.36.3G01/04/2014

Table Controlled activities

1.	Accepting deposits
2.	Effecting and carrying out contracts of insurance
3.	Dealing in securities and contractually based investments
4.	Arranging deals in investments
4A.4	Operating a multilateral trading facility4 10
104B.	Credit broking
104C.	Operating an electronic system in relation to lending
5.	Managing investments10
105A.	Debt adjusting
105B.	Debt counselling
6.	Safeguarding and administering investments
7.	Advising on investments
8.	Advising on syndicate participation at Lloyd's
9.	Providing funeral plan contracts
10.	Providing qualifying credit
11.3 3	Arranging qualifying credit etc
12.3 3	Advising on qualifying credit etc10
1012A.	Providing relevant consumer credit
1012B.	Providing consumer hire
313.	Providing a home reversion plan
314.	Arranging a home reversion plan
315.	Advising on a home reversion plan
316.	Providing a home purchase plan
317.	Arranging a home purchase plan
318.	Advising on a home purchase plan
718A.	Providing a regulated sale and rent back agreement
718B.	Arranging a regulated sale and rent back agreement
718C.	Advising on a regulated sale and rent back agreement
19.3 3	Agreeing to do anything in 3 to 18C7 above 3 7

CONC 5A.3.1R02/01/2015

This section applies to: (1) a firm with respect to consumer credit lending; (2) a firm with respect to debt administration; (3) a firm with respect to debt collecting; or(4) a firm with respect to operating an electronic system in relation to lending.

DISP 2.7.6R28/04/2016

To be an eligible complainant a person must also have a complaint which arises from matters relevant to one or more of the following relationships with the respondent:124(1) the complainant is (or was) a customer,626payment service user3 or electronic money holder626 of the respondent;(2) the complainant is (or was) a potential customer,626payment service user3 or electronic money holder626 of the respondent;(3) the complainant is the holder, or the beneficial owner, of units

Related provisions for CONC 4.3.1

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