Related provisions for CREDS 8.2.6A
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Method of submission of reports (see SUP 16.3.8 R)Method of delivery1.Post to the published address of the FCA40 for postal submission of reports402.Leaving the report marked for the attention of "Central Reporting"22 at the published address of the FCA40 for hand delivery of reports and obtaining a dated receipt403.Electronic mail or fax to the published e-mail address or fax number of the FCA's40 Central Reporting team.222240224.22Online submission via the appropriate systems
(1) The current published address of the FCA40 for postal submission of reports is:40Central Reporting22The Financial Conduct40 Authority40PO BOX 35747London E14 5WP (2) The current published address of the FCA40 for hand delivery of reports is: 40(a) Central Reporting22The Financial Conduct40Authority 4025 The North ColonnadeCanary WharfLondon E14 5HSif the firm's usual supervisory contact at the appropriate regulator40 is based in London, or:40(b) The Financial Conduct40Authority40Quayside
(1) A firm must submit a report required by this chapter in the frequency, and so as to be received by the appropriate regulator40 no later than the due date, specified for that report.40(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 appropriate regulator40 no later than the first business day after the due date. 40(3) If the due date for submission of
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 appropriate regulator40 by building societies under those parts of the Building Societies
The firm is responsible for ensuring delivery of the required report at the by the due date. If a report is received by the appropriate regulator40after 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:4040(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
SUP 16.2.1 G emphasises the importance to the appropriate regulator40 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 appropriate regulator40. This is because many due dates for reporting to the appropriate regulator40 are linked to firms'accounting reference dates. Indeed, for some categories of firm, the only reports required by the appropriate
When the appropriate regulator40 receives a report which contains confidential information and whose submission is required under this chapter, it is obliged under Part 2340of the Act (Public Record, Disclosure of Information and Co-operation) to treat that information as confidential. (See SUP 2.2.4 G for the FCA and SUP 2.2.4A G for the PRA40) 4040
SUP 2.3.12A G and SUP 2.3.12B G state that the appropriate regulator40 may pass to other regulators information which it has in its possession. Such information includes information contained in reports submitted under this chapter. The appropriate regulator's40 disclosure of information to other regulators is subject to SUP 2.2.4 G or SUP 2.2.4A G40 (Confidentiality of information).4040
(1) Principle 4 requires firms to maintain adequate financial resources. The Interim Prudential sourcebooks, BIPRU,37GENPRU and IFPRU37 set out the appropriate regulator's82 detailed capital adequacy requirements. By submitting regular data, firms enable the appropriate regulator82 to monitor their compliance with Principle 4 and their prudential requirements.823782828237(2) The data items submitted help the appropriate regulator82 analyse firms' financial and other conditions
(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:(a) (i) unless (ii) or (iii) 11applies, submit to the appropriate regulator82 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;82(ii) unless (iii) applies, where 11 a firm is required to submit completed data items for 11more than one RAG, that11firm must
Table of applicable rules containing data items4, frequency and submission periods(1)(2)(3)(4)RAGnumberRegulated ActivitiesProvisions containing:applicabledata itemsreporting frequency/ perioddue date3232RAG 1• accepting deposits• meeting of repayment claims12• managing dormant account funds (including the investment of such funds)1227SUP 16.12.5 R, except FSA001 and FSA002 on consolidated basis for FINREP firms37SUP 16.12.6 RSUP 16.12.7 RRAG 2.1• effecting contracts of insurance•
2The applicable data items referred to in SUP 16.12.4 R are set out according to type of firm in the table below:45Description ofData itemFirms' prudential category and applicable data item (note 1)IFPRUBIPRU firmExempt CAD firmssubject toIPRU(INV)Chapter 13Firms(other thanexempt CAD firms) subject toIPRU(INV)Chapter 13Firmsthat are also in one or more ofRAGs1 to 6 and not subject toIPRU(INV)Chapter 13Solvency statementNo standard format (note 11)Balance SheetFSA001/FINREP (Notes
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 item11Data item11 (note 1)FrequencySubmission deadlineAnnual regulated business revenue up to and including
(1) 2An authorised professional firm, other than one that must comply with IPRU(INV) 3, 5 or 13 in accordance with IPRU(INV) 2.1.4R,3 or one that is a CASS debt management firm or one that carries on only credit-related regulated activity as a non-mainstream regulated activity,47 must submit an annual questionnaire, contained in SUP 16 Annex 9R, unless:11(a) its only regulated activities are one or more of:(i) insurance mediation;(ii) mortgage mediation;(iii) retail investment;(iv)
Financial reports from a member of a financial conglomerate (see SUP 16.12.32 R)Content of ReportForm (Note 1)FrequencyDue DateCalculation of supplementary capital adequacy requirements in accordance with one of the three42 technical calculation methods42Note 2Note 5Yearly42Note 5Identification of significant risk concentration levelsNote 3Yearly4 months after year endIdentification of significant intra-group transactionsNote 4Yearly4 months after year endReport on compliance
The purpose of this section is to give directions to authorised payment institutions and small payment institutions under regulation 82 (Reporting requirements) of the Payment Services Regulations in relation to:(1) the information in respect of their provision of payment services and their compliance with requirements imposed by or under Parts 2 to 6 of the Payment Services Regulations that they must provide to the FCA7; and7(2) the time at which and the form in which they must
(1) An authorised payment institution or a small payment institution must submit to the FCA7 the duly completed return applicable to it as set out in column (2) of the table in SUP 16.13.4D.227(2) An authorised payment institution or a small payment institution must submit the return referred to in (1):(a) in the format specified as applicable in column (3) of the table in SUP 16.13.4D;(b) at the frequency and in respect of the periods specified in column (4) of that table;(c)
(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 FCA15. In the case of firms in the sale and rent back market, there is a requirement to record, but not to submit, sales7data.6 These requirements apply6 whether
(1) A firm may submit a sales 7data report more frequently than required by SUP 16.11.3 R7if it wishes.7(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 FCA15 in a data report.15
(1) A firm may appoint another person to provide a 7data report on the firm's behalf if the firm has informed the FCA15 of that appointment in writing.715(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.
Following discussions with the firm on the items listed in IFPRU 2.3.27 G, the FCA may put in place additional reporting arrangements to monitor the firm's use of its capital planning buffer in accordance with the plan referred to in IFPRU 2.3.27 G (3). The FCA may also identify specific trigger points as the capital planning buffer is being used up by the firm, which could lead to additional supervisory actions.
If a firm's internal model makes explicit or implicit assumptions in relation to correlations within or between risk types, or diversification benefits between business types, the firm should be able to explain to the FCA, with the support of empirical evidence, the basis of those assumptions.
The report referred to in IPRU-INV 4.4.2D must reach the FCA1 within two months of the end of the relevant quarter and must state: (1) whether the Society has any information indicating or tending to indicate that, during the quarter to which the report relates, the members’ agents1 failed to meet the financial resource requirements referred to in IPRU-INV 4.4.1D; (2) whether, at the end of the quarter to which the report relates, the members’ agents1 failed to meet the financial
The report in IPRU-INV 4.4.4D must reach the FCA1 within seven months of that members’ agent's1 accounting reference date and must: (1) confirm that: (a) the Society has received from that members’ agent1 in respect of the financial year to which the report relates, all relevant attachments to the Annual Financial Return that the members’ agent1 is required to make to the Society under the requirements identified in IPRU-INV 4.4.1D; (b) that members’ agent1 met the applicable
8The appropriate regulator considers that:(1) in order to comply with GENPRU 2.2.79G R, the firm should, at a minimum, provide the appropriate regulator with the following information:(a) a comprehensive explanation of the rationale for the purchase;(b) the firm's financial and solvency position before and after the purchase, in particular whether the purchase, or other foreseeable internal and external events or circumstances, may increase the risk of the firm breaching its
The purpose of this section is to give directions to the electronic money issuers referred to in SUP 16.1.1B D under regulation 49 (Reporting requirements) of the Electronic Money Regulations in relation to:(1) the information in respect of their issuance of electronic money and provision of payment services and their compliance with requirements imposed by or under Parts 2 to 5 of the Electronic Money Regulations that they must provide to the FCA4; and 4(2) the time at which
An electronic money issuer that is not a credit institution must submit to the FCA:44(1) the duly completed return applicable to it as set out in column (2) of the table in SUP 16.15.8 D; and(2) the return referred to in (1):(a) in the format specified as applicable in column (3) of the table in SUP 16.15.8 D; (b) at the frequency and in respect of the periods specified in column (4) of that table;(c) by the due date specified in column (5) of that table; and (d) by electronic
Failing to report promptly in accordance with his firm's internal procedures (or if none exist direct to the regulator concerned),2 information which it would be reasonable to assume would be of material significance to theregulator concerned,2 whether in response to questions or otherwise, falls within APER 4.4.3 E. The regulator concerned is:22(1) the FCA if it would be reasonable to assume that it would be of material significance to it;2(2) the PRA if it would be reasonable
There is no duty on an approved person to report such information directly to the regulator concerned2 unless he is one of the approved persons responsible within the firm for reporting matters to the regulator concerned.2 However, if an approved person takes steps to influence the decision so as not to report to the regulator concerned2 or acts in a way that is intended to obstruct the reporting of the information to the regulator concerned,2 then the appropriate regulator2 will,
In determining whether or not an approved person's conduct under APER 4.4.4 E complies with Statement of Principle 4, the following are factors which, in the opinion of the appropriate regulator,2 are to be taken into account:2(1) the likely significance to the regulator concerned (as defined in APER 4.4.4 E)2 of the information which it was reasonable for the individual to assume;2(2) whether the information related to the individual himself or to his firm;(3) whether any decision
Where the skilled person is appointed by the person in SUP 5.2.1 G or SUP 5.2.2 G, the appropriate regulator2 will normally require the skilled person to be appointed to report to the appropriate regulator2 through that person. In the normal course of events the appropriate regulator2 expects that the person in SUP 5.2.1 G or SUP 5.2.2 G2 will be given the opportunity to provide written comments on the report or the collection of the relevant information prior to its submission
(1) Every credit union (except a Northern Ireland credit union) 3must send to the FCA3 a copy of its audited accounts published in accordance with section 82 of the Co-operative and Community Benefit Societies Act 20143.1(2) The accounts must: (a) be made up for the period beginning with the date of the credit union's registration or with the date to which the credit union's last annual accounts were made up, whichever is the later, and ending on the credit union's most recent
Some of the distinguishing features of notices given under enactments other than the Act are as follows: (1) [deleted]66(2) [deleted]66(3) Friendly Societies Act 1992, section 58A1: The warning notice and decision notice must set out the terms of the direction which the FCA6 proposes or has decided to give and any specification of when the friendly society is to comply with it. A decision notice given under section 58A(3) must give an indication of the society's right, given by
Type of AIFMRulesDirectionsGuidanceAIFMD level 2 regulationfull-scope UK AIFMFUND 3.4 (Reporting obligation to the FCA) and SUP 16.18.5 RArticle 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4 EU)small authorised UK AIFMSUP 16.18.6 RArticle 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4 EU)small registered UK AIFMSUP 16.18.7 DArticle 110 (Reporting to competent authorities) (as replicated in SUP 16.18.4 EU)above-threshold non-EEA
A CASS large debt management firm must allocate to a director or senior manager the function of: (1) oversight of the operational effectiveness of that CASS debt management firm's systems and controls that are designed to achieve compliance with CASS 11; (2) reporting to the CASS debt management firm'sgoverning body in respect of that oversight; and(3) completing and submitting a CCR005 return to the FCA in accordance with SUP 16.12.29C R.
If, at the time a CASS debt management firm becomes a CASS large debt management firm in accordance with CASS 11.2.8 R, the firm is not able to comply with CASS 11.3.4 R because it has no director or senior manager who is an approved person in respect of the CASS operational oversight function, the firm must:(1) take the necessary steps to ensure that it complies with CASS 11.3.4 R as soon as practicable, which must at least include submitting an application for a candidate in