Related provisions for FEES 3.1.4

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FEES 9.2.1RRP
A direct payment service provider, acquirer or card issuer2 must pay the PSR fees applicable to it and calculated as set out2 in FEES 9 Annex 1 R:1(1) in full and without deduction; and(2) in accordance with this chapter, subject to FEES 9.2.1AR2.
FEES 9.2.1ARRP
2If either of the following tests is met by an acquirer or card issuer in a card payment system3 in any given fee year, the transaction volumes attributable to that acquirer or card issuer are not to3 be included in the payment system denominator for that card payment system for that fee year, and that acquirer or card issuer is not required to pay any PSR fee in respect of the PSR’s functions and activities in relation to regulated payment systems3 for that fee year where:(1)
FEES 9.2.1BRRP
(1) 3If a payment service provider (A) acquires all or part of the business of another payment service provider which includes transaction volumes (B), whether by merger, acquisition or transfer, during the course of a fee year, the liability for paying the PSR fee in the following fee year in relation to B shall rest with A. (2) FEES 9.2.1DR(1) also applies when the business acquired, transferred or merged is not a legal entity but is an unincorporated business, or is in the
FEES 9.2.2RRP
If the PSR fee paid by a direct payment service provider2 for the previous fee year for a particular regulated payment system2 was at least £20,0002, that direct payment service provider2 must pay to the operator of that particular regulated payment system3: (1) an amount equal to 50% of the PSR fee payable for the previous fee year, by 152 March at the end of the previous3fee year; and(2) the balance of the PSR fee due by 15 August2 in the current fee year.
FEES 9.2.3RRP
If the PSR fee paid by a direct payment service provider for a particular regulated payment system2 for the previous fee year was less than £20,0002, the direct payment service provider2 must pay its PSR fee in full to the operator of that regulated payment system3: (1) by 152 August in the current fee year; or(2) if later, within 30 days of the date of the invoice2.2
FEES 9.2.4GRP
A direct payment service provider2 should pay its fees by electronic credit transfer and should notify the operator to whom it is paying the relevant PSR fee2 if it intends to pay in another way.
FEES 9.2.4ARRP
2A direct payment service provider must pay its PSR fees to the operator (acting as collection agent for the FCA) of the regulated payment system to which the fee relates.
FEES 9.2.4DRRP
(1) 2The operator of a regulated payment system must provide to the PSR, for each of its direct payment service providers, a copy of:(a) its calculations (as specified in column 3 of Table A of FEES 9 Annex 1R); and (b) the underlying data (as specified in column 5 of Table A of FEES 9 Annex 1 R).(2) The operator of a regulated payment system must:3(a) provide the information in (1) to the PSR as soon as possible once FEES 9 Annex 1R is updated for a fee year; and3(b) obtain
FEES 9.2.5GRP
The FCA will not relieve or refund a PSR fee if a payment system ceases to be a regulated payment system, or if a person ceases to be a direct payment service provider of a regulated payment system,2regulated payment system after the start of that fee year.
FEES 9.2.6RRP
If a payment system ceases to be a regulated payment system, all direct payment service providers2 of that system must pay any outstanding PSR fees before the system2 ceases to hold that status
FEES 9.2.6ARRP
2If a person ceases to be a direct payment service provider of a regulated payment system, it must pay any outstanding PSR fees in respect of that system, before it ceases to be a direct payment system provider of the system.
FEES 9.2.7RRP
If a direct payment service provider2 does not pay the total amount of its PSR fees before the end of the date on which it is due, it must pay to the FCA2: (1) an administrative fee of £250; plus(2) interest on any unpaid part of the fee at an annual rate of 5% above the Official Bank Rate from time to time in force, accruing daily from the date on which the amount concerned became due.
FEES 9.2.7AGRP
(1) 2The FCA may recover a PSR fee as a debt owed to it under paragraph 23 (8) of Schedule 1ZA of the Act.(2) The FCA will consider taking action for the recovery (including interest) through the civil courts.
FEES 9.2.8GRP
The FCA may reduce or remit all or part of a PSR fee, if it appears to the FCA, having consulted the PSR, that in the exceptional circumstances of a particular case paying all or part of it would be inequitable.
FEES 9.2.9GRP
The FCA may refund all or part of a PSR fee if it appears to the FCA, having consulted the PSR, that in the exceptional circumstances of a particular case the FCA or the PSR retaining all or part of it would be inequitable.
FEES 9.2.10GRP
The FCA will not consider a claim to refund a PSR fee due to a mistake of fact or law by the fee paying direct payment service provider2 if the claim is made more than two years after the beginning of the fee year to which the fee relates.
FEES 9.2.11RRP
PSR fees payable are stated net of VAT. Where VAT is applicable this must also be included.
FEES 3.2.1RRP
A person in column (1) of the table in FEES 3.2.7 R37 as the relevant fee payer for a particular activity must pay to the FCA (in its own capacity or, if the fee is payable to the PRA, in its capacity as collection agent for the PRA)57 a fee for each application or request for vetting, or request for support relating to compatibility of its systems with 37FCA systems,7 or admission approval made, or notification or notice of exercise of a Treaty right given, or other matter
FEES 3.2.1ARRP
38A person must pay the fee in Categories A5 and A6 of FEES 3 Annex 12R for the first submission of a document to the FCA for approval or review in relation to a significant transaction or super transaction. As an exception to FEES 3.2.1R, after that fee is paid, Categories A1 to A4 of FEES 3 Annex 12R specify the fees a person must pay for any further documents submitted for approval or review in relation to the same transaction.
FEES 3.2.2GRP
If an application for a Part 4A permission (or exercise of a Treaty right) falls within more than one category set out in FEES 3 Annex 1, only one fee is payable. That fee is the one for the category to which the highest fee tariff applies.
FEES 3.2.3RRP
(1) Unless (2), (3)10 or (4)23 applies, the sum payable under FEES 3.2.1 R must be paid by bankers draft, cheque or other payable order.23(2) 15The FCA does not specify a method of payment for a person seeking to:(a) become a recognised body or a designated professional body; or15(b) be added to the list of designated investment exchanges or accredited bodies.15(3) The sum payable under FEES 3.2.1 R by a firm applying for a variation of its Part 4A permission which is not an application
FEES 3.2.3ARRP
(1) 23If the fee payer (as specified in column (1) of FEES 3.2.7 R) in relation to FEES 3.2.3R (4) is:(a) unable to make a payment by credit or debit card; or(b) permitted to make a paper application rather than an online application for a Part 4A permission in respect of credit-related regulated activities only or a variation of its Part 4A permission to add a credit-related regulated activity;the sum payable under FEES 3.2.1 R can be paid by bankers draft, cheque or other payable
FEES 3.2.3BGRP
23If FEES 3.2.3AR (1)(a) applies to a fee payer, that fee payer would be expected to notify the FCA of these circumstances in advance of making its payment (and, in any event, no less than 7 days before the date on which the application for a Part 4A permission or the variation of a Part 4A permission is made) unless such notification is impossible in the circumstances, eg, there is a sudden technological failure.
FEES 3.2.4GRP
The FCA expects that a person seeking to become a recognised body or a designated professional body or to be added to the list of designated investment exchanges or accredited bodies 15will generally pay their respective fees by electronic credit transfer.
FEES 3.2.5GRP
(1) (a) 37The appropriate authorisation or registration 8fee is an integral part of an application for, or an application for a variation of, a Part 4A permission,24 authorisation, registration or variation under the Payment Services Regulations or the Electronic Money Regulations, registration under article 8(1) of the MCD Order59or notification or registration under the AIFMD UK regulation24.16248(b) 37 Any application or notification24 received by the37FCA without the accompanying
FEES 3.2.6GRP
Fees paid under this chapter are not refundable.
FEES 3.2.7RRP
Table of application, notification, vetting and other fees payable to the FCA3231Part 1: Application, notification and vetting fees3131(1) Fee payer(2) Fee payable (£)37Due date(a) Any applicant for Part 4A permission (including an incoming firm applying for top-up permission) whose fee is not payable pursuant to sub- paragraph (ga) of this table26(1) Unless (2) or (3) 59applies, in1 respect of a particular application, the highest of the tariffs set out in FEES 3 Annex 1 part
FEES 2.1.1RRP
619Except to the extent referred to in FEES 2.1.1A R, this1619118 chapter applies to every person who is required to pay a fee or share of a levy to the FCA12, FOS Ltd or FSCS, as the case may be, by a provision of the Handbook.
FEES 2.1.1ARRP
619This chapter does not apply in relation to:88(1) FEES 5.5A; or8(2) FEES 5 Annex 2R; or8(3) FEES 5 Annex 3R; or8(4) a PSR fee8; or9(5) the pensions guidance levy; or10910(6) the pensions guidance providers’ levy; or1110(7) 11the FOS ADR levy.
FEES 2.1.2RRP
FEES 2.2.1R does not apply in respect of any fee payable under FEES 3 (Application, notification and vetting fees).
FEES 2.1.3GRP
The provisions for late payments in FEES 2.2.1R do not apply to fees payable under FEES 3 as applications, notifications and requests for vetting are generally regarded as incomplete until the relevant fee is paid.
FEES 2.1.4GRP
The purpose of this chapter is to set out the general provisions applicable to those who are required to pay fees or levies to the5FCA12or a share of the FSCS levy.619561956
FEES 2.1.5GRP
(1) The following enable the FCA to charge fees to cover its costs and expenses in carrying out its functions:13(a) paragraph 23 of Schedule 1ZA of the Act;13(b) regulation 92 of the Payment Services Regulations;13(c) regulation 59 of the Electronic Money Regulations;13(d) article 25(a) of the MCD Order; and13(e) regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations. 13(2) The corresponding provisions for the FSCS levy, FOS levies, and CFEB levies
FEES 2.1.5AGRP
3Regulation 92 of the Payment Services Regulations and regulation 59 of the Electronic Money Regulations each provide7 that the functions of the FCA16 under the respective7 regulations are treated for the purposes of paragraph 23 of Schedule 1ZA16 to the Act as functions conferred on the FCA16 under the Act. Paragraph 23(7) 20 however, has not been included 20.7This is 20the FCA's167 obligation to ensure that the amount of penalties received or expected to be received are not
FEES 2.1.5CGRP
(1) 13The FCA also has a fee-raising power as a result of: regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations.(2) The FCA’s functions under these regulations are treated as functions conferred on the FCA under the Act for the purposes of its fee-raising power in paragraph 23 of Schedule 1ZA to the Act.
FEES 2.1.6GRP
The FCA’s12fees payable will vary from one fee year16 to another, and will reflect the FCA’s12funding requirement for that period and the other key components, as described in FEES 2.1.7G. Periodic fees, which will normally be payable on an annual basis, will provide the majority of the funding required to enable the FCA12to undertake its statutory functions.16161616161616
FEES 2.1.7GRP
The key components of the FCA12fee mechanism (excluding the FSCS5levy, the FOS5 levy and case fees, and the CFEB levy5which are dealt with in FEES 5,5FEES 6 and FEES 7)5 are:555(1) a funding requirement derived from:(a) the FCA’s12financial management and reporting framework;(b) the FCA’s12budget; and(c) adjustments for audited variances between budgeted and actual expenditure in the previous accounting year, and reserves movements (in accordance with the FCA’s12reserves policy);(2)
FEES 2.1.8GRP
The amount payable by each fee payer will depend upon the category (or categories) of regulated activity or exemption, or other relevant activity applicable to that person (fee-blocks). It will, in most cases, also depend on the amount of the business that person conducts in each category (fee tariffs).
FEES 2.1.9GRP
By basing fee-blocks on categories of business, the FCA12aims to minimise cross-sector subsidies. The membership of the fee-blocks is identified in the FEES provisions relating to the type of fees concerned.
FEES 2.1.9AGRP
16PRA-authorised persons and persons seeking to become PRA-authorised persons should note that the FCA and the PRA have agreed for the FCA to act as the PRA's collection 12agent for 12PRA fees. Where applicable, both PRA and FCA fees should be paid as a single payment to the FCA, which will receive the payment in its own capacity in respect of FCA fees and in its capacity as collection 12agent for the PRA in respect of the PRA fees. References to this arrangement will be referred
FEES 4.4.2RRP
A firm (other than the Society) must send to the FCA (in its own capacity and, if applicable, in its capacity as collection agent for the PRA)12 in writing the information required under FEES 4.4.1 R as soon as reasonably practicable, and in any event within two months, after the date specified as the valuation date in Part 5 of FEES 4 Annex 1AR in relation of fees payable to the FCA6 (or FEES 4.2.7B R where applicable).2121212
FEES 4.4.9DRP
3To the extent that a firm4 has provided the information required by FEES 4.4.7 D to the FCA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of that direction.444
FEES 4.2.1RRP
A person shown in column (1) of the table in FEES 4.2.11 R34as the relevant fee payer must pay each periodic fee applicable to it, calculated in accordance with the provisions referred to in column (2) of the applicable51 table, as adjusted by any relevant provision in this chapter:5151(1) in full and without deduction (unless permitted or required by a provision in FEES); and(2) on or before the date given in column (3) of that table, unless FEES 4.2.10 R applies.
FEES 4.2.2GRP
A relevant fee payer will be required to pay a periodic fee for every year during which they have the status in column 1 of the table in FEES 4.2.11 R3434 (or in relation to collective investment schemes, for every year during which it is a regulated collective investment scheme) subject to any reductions or exemptions applicable under this chapter. If a person is the relevant fee payer for more than one status listed in column 1 of the table in FEES 4.2.11 R34 (or in relation
FEES 4.2.2AGRP
50A recognised body may also have obligations to pay fees to the FCA under other rules arising from legislation other than the Act. For example a recognised body may have an obligation to pay a fee as an approved operator of a relevant system under the Uncertificated Securities Regulations 1995 (SI 1995/3272).
FEES 4.2.3GRP
The FCA50 will issue invoices 34at least 30 days before the dates on which payments fall due under FEES 4.2.1 R.5050
FEES 4.2.5GRP
The FCA expects a recognised body or a designated professional body will generally pay their respective fees by electronic credit transfer.
FEES 4.2.9GRP
The FCA34 will not refund periodic fees if, after the start of the period to which they relate:(1) a fee payer ceases to have the status set out in column (1) of the table in FEES 4.2.11 R34; or51(2) a firm reduces its permission or payment services activities 9so that it then falls out of the fee-block previously applied to it;99(but see FEES 2.3 (Relieving Provisions) and FEES 4.3.13 R (Firms Applying to Cancel or Vary Permission Before Start of Period)).
FEES 4.2.10RRP
A person need not pay a periodic fee on the date on which it is due under the relevant provision in FEES 4.2.1 R, if:(1) that date falls during a period during which circumstances of the sort set out in GEN 1.3.2 R (Emergencies) exist, and that person has reasonable grounds to believe that those circumstances impair its ability to pay the fee, in which case he must pay it on or before the fifth business day after the end of that period; or(2) unless FEES 4.3.6R (3), 9FEES 4.3.6R
FEES 4.2.11RRP
Table of periodic fees payable to the FCA51511 Fee payer2 Fee payable3 Due date4 Events occurring during the period leading to modified periodic feeAny firm (except an AIFM qualifier,25ICVC or a UCITS qualifier)As specified in FEES 4.3.1 R in relation to FEES 4 Annex 2AR and FEES 4 Annex 11 R51(1) Unless (2) or (3) apply7, on or before the relevant dates specified in FEES 4.3.6 R.12(2) Unless (3) applies, if 7an event specified in column 4 occurs during the course of a fee year,50
FEES 4.3.2GRP
(1) The amount payable by each firm will depend upon the category (or categories) of regulated activities or payment services7it is engaged in (fee-blocks)and whether it is issuing electronic money,10 and on the amount of business it conducts in each category (tariff base). The fee-blocks and tariffs are identified in FEES 4 Annex 1AR17 (and guidance on calculating certain of the tariffs is at FEES 4 Annex 12 G and 17FEES 4 Annex 13G15) 17while 23FEES 4 Annex 2AR sets 17 out
FEES 4.3.3RRP
The periodic fee referred to in FEES 4.3.1 R is (except in relation to the Society,10fee-paying payment service providers and fee-paying electronic money issuers)107 calculated as follows:(1) identify each of the tariffs set out in Part 1 of FEES 4 Annex 2AR1723 which apply to the business of the firm for the period specified in that annex;23(2) for each of the applicable23 tariffs, calculate the sum payable in relation to the business of the firm for that period;239(3) add together
FEES 4.3.7RRP
A firm which is a member of a group may pay all of the amounts due from other firms in the same group under FEES 4.2.1 R, if:(1) it notifies the FCA (in its own capacity and, if applicable, in its capacity as collection 17agent for the PRA)22 in writing of the name of each other firm within the group for which it will pay; and22(2) it pays the fees, in accordance with this chapter, as a single amount as if that were the amount required from the firm under FEES 4.2.1 R.
FEES 4.3.8GRP
A notification under FEES 4.3.7R (1) should be made in accordance with SUP 15.7 (Form and method of notification).
FEES 4.3.9GRP
If the payment made does not satisfy in full the periodic fees payable by all of the members of the group notified to the FCA22 under FEES 4.3.7 R, the FCA (in its own capacity and, if applicable, in its capacity as collection 17agent for the PRA)22 will apply the sum received among the firms which have been identified in the notification given under FEES 4.3.7R (1) in proportion to the amounts due from them. Each firm will remain responsible for the payment of the outstanding
FEES 4.3.10GRP
If a firm pays its fees through an agent outside the scope of FEES 4.3.7 R, the firm is responsible for ensuring that the FCA (in its own capacity and, if applicable, in its capacity as collection 17agent for the PRA)22 is informed that the sum being paid is for that firm's periodic fees.22
FEES 4.3.12RRP
For an incoming EEA firm, (excluding MTF operators), 5 or an incoming Treaty firm, the calculation required by FEES 4.3.3 R is modified as follows:(1) the tariffs set out in 23 Part 1 of FEES 4 Annex 2AR17 are applied only to the regulated activities of the firm which are carried on in the United Kingdom; and23(2) those tariffs are modified in accordance with Part 3 of FEES 4 Annex 2AR17. 23
FEES 4.3.12ARRP
10For:10(-1) (a) a full credit institution which is a fee-paying payment service provider and an EEA firm; or(b) a full credit institution which is a fee-paying electronic money issuer and an EEA firm; or(c) an EEA authorised payment institution; or(d) an EEA authorised electronic money institution;the calculation required by FEES 4.3.3A R is modified as follows:(1) the tariffs set out in Part 5 of FEES 4 Annex 11 are only applied to the payment services or electronic money issuance10of
FEES 3.1.1ARRP
fee-paying payment service provider18, a CBTL firm,10 a fee-paying electronic money issuer, and a designated credit reference agency10.6186
FEES 3.1.3GRP
The purpose of this chapter is to set out the 9FCA fee paying requirements on the persons set out in FEES 1.1.2R (1).9517
FEES 3.1.5AGRP
15The fees for funds8 reflect the estimated costs to the FCA of assessing applications and notifications. The level of fees payable in respect of an application or a notification will vary depending upon the provision of the Act under which it is made. This fee is adjusted when the scheme concerned is an umbrella.8
FEES 3.1.6GRP
Applications for Part 4A permission (and exercises of Treaty rights) other than in respect of credit-related regulated activities7 are categorised by the 9FCA for the purpose of fee raising as straightforward, moderately complex and complex7 as identified in FEES 3 Annex 1. This differentiation is based on the permitted activities sought and does not reflect the 9FCA's risk assessment of the applicant (or Treaty firm).979
FEES 3.1.6DGRP
(1) 10Fees for designated credit reference agencies are set out at FEES 3 Annex 10B. (2) These fees are charged under regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations.
FEES 3.1.7GRP
A potential applicant for Part 4A permission15 (or Treaty firm) has the opportunity to discuss its proposed application (or exercise of Treaty rights) with the 9FCA before submitting it formally.2 If an applicant for Part 4A permission15 (or Treaty firm) does so, the 9FCA will be able to use that dialogue to make an initial assessment of the fee categorisation and therefore indicate the authorisation fee that should be paid. 151515922151515159
FEES 3.1.8AGRP
Application fees for applications for and variations of Part 4A permission in respect of credit-related regulated activities are also set out in FEES 3 Annex 1F. Applications for Part 4A permission in respect of credit-related regulated activities are categorised by the 9FCA for the purposes of fee raising as straightforward, moderately complex and complex as identified in FEES 3 Annex 1, unless the application is for a limited permission.799[Note: PRA-authorised persons may also
FEES 2.3.1RRP
If it appears to the FCA5 or48 the FSCS (in relation to any FSCS levy only) 2 that in the exceptional circumstances of a particular case, the payment of any fee, FSCS levy2,3FOS levy or CFEB levy3would be inequitable, the FCA5 or48 the FSCS2 as relevant, may (unless FEES 2.3.2B R applies)1 reduce or remit all or part of the fee or levy in question which would otherwise be payable. 4834848348
FEES 2.3.2RRP
If it appears to the FCA5 or48 the FSCS (in relation to any FSCS levy only)2 that in the exceptional circumstances of a particular case to which FEES 2.3.1R does not apply, the retention by the FCA5 the FSCS,2 or the CFEB3, as relevant, of a fee, FSCS levy2,3FOS levy or CFEB levy3which has been paid would be inequitable, the FCA5 the FSCS2 or the CFEB3, may (unless FEES 2.3.2B R applies)1 refund all or part of that fee or levy.48348348348
FEES 2.3.2AGRP
1A poor estimate or forecast by a fee or levy 2payer, when providing information relevant to an applicable tariff base, is unlikely, of itself, to amount to an exceptional circumstance for the purposes of FEES 2.3.1 R or FEES 2.3.2 R. By contrast, a mistake of fact or law by a fee or levy 2payer may give rise to such a claim.
FEES 2.3.2BRRP
1The FCA5or the FSCS2may not consider a claim under FEES 2.3.1 R and/or FEES 2.3.2 R to reduce, remit or refund any overpaid amounts paid by a fee or levy2 payer in respect of a particular period, due to a mistake of fact or law by the fee or levy2 payer, if the claim is made by the fee or levy2 payer more than 2 years after the beginning of the period to which the overpayment relates.
If a registered society fails to file an R by the date it is required to be filed:(1) the R used to determine the amount of the periodic fee payable by the registered society will be that shown in the R last filed with the FCA or its predecessor; and(2) the registered society must pay an administrative fee equal to the lower of the periodic fee payable by the registered society under Annex 1R for that year, and £250.
FEES App 1.2.6RRP
If a registered society ceases to be a registered society on or after 1 April in a particular financial year, but before an invoice for the periodic fee payable under 1.2.1 R for the financial year in which the society ceases to be a registered society has been issued by the FCA, the periodic fee payable by that registered society under 1.2.1 R is the amount of the periodic fee under Annex 1R for the immediately preceding financial year.
FEES App 1.2.8RRP
A registered society need not pay a periodic fee on the date which it is due under the relevant provision in these rules, if:(1) that date falls during a period during which circumstances of the sort set out in R(Emergencies) exist, and that registered society has reasonable grounds to believe that those circumstances impair its ability to pay the fee, in which case it must pay on or before the fifth business day after the end of that period; or(2) that date would otherwise
FEES App 1.2.9RRP
If a registered society does not pay the total amount of a periodic fee or a fee payable under 1.4.2R on the date on which it is due under the relevant provisions of these rules, that registered society must pay an additional amount as follows:(1) if the fee is not paid in full before the due date, an administrative fee of £250; plus(2) if the fee is not paid in full before the end of 15 days after the due date, interest on any unpaid part of the fee at the rate of 5% per annum
The FCA expects to issue invoices for periodic fees at least 30 days before the date on which they fall due. Accordingly, it will generally be the case that a registered society will have at least 30 days from the issue of the invoice before an administrative fee becomes payable, and at least 45 days before any interest becomes payable.
FEES 5.5B.7RRP
(1) Any of the following persons which is exempt under DISP 1.1.12R is also exempt from FEES 5.5B:1(a) a firm;1(b) a payment service provider;1(c) an electronic money issuer; and1(d) a designated credit reference agency. 1(2) However, a person will only be exempt from FEES 5.5B in any financial year if it met the conditions in DISP 1.1.12R on 31 March of the immediately preceding financial year.1
FEES 5.5B.9RRP
These fees are towards funding the Financial Ombudsman Service, and are invoiced and collected directly by the FOS Ltd.
FEES 5.5B.15GRP
Until 31 March 2004 a standard case fee was payable for every chargeable case. From 1 April 2004 to 31 March 2005 the standard case was payable for the third and subsequent chargeable cases. From 1 April 2005 to 31 March 2013 the standard case fee was payable for the fourth and subsequent chargeable cases. FEES 5.5B.12 R does not apply retrospectively to financial years before 1 April 2013.
FEES 5.5B.25RRP
If a respondent does not pay a case fee payable under FEES 5.5B in full to the FOS Ltd before the end of the date on which it is due, that respondent must pay to the FOS Ltd in addition:(1) an administrative fee of £250; plus(2) interest on any unpaid amount at the rate of 5% per annum above the Official Bank Rate from time to time, accruing on a daily basis from the date on which the amount concerned became due.
FEES 5.5B.29RRP
The FOS Ltd may not consider a claim under FEES 5.5B.27 R and/or FEES 5.5B.28 G in respect of any amount overpaid due to a mistake of fact or law by the payer, if the claim is made by the payer more than 2 years after the beginning of the financial year to which the payment relates.
FEES 2.2.1RRP
If a person does not pay the total amount of a periodic fee3, FOS levy, or share of the FSCS levy or CFEB levy6, before2 the end of the2 date on which it is due, under the relevant provision in FEES 4, 5, 6 or 7, 6that person must pay an additional amount as follows: 342972126(1) if the fee was not paid in full before the end of the due date, an administrative fee of £250; plus(2) interest on any unpaid part of the fee at the rate of 5% per annum above the Official Bank Rate10
FEES 2.2.2GRP
The FCA20, (for FCA and PRA20periodic fees, FOS and FSCS levies and CFEB levies), expects11 to issue invoices at least 30 days before the date on which the relevant amounts fall due. Accordingly it will generally be the case that a person will have at least 30 days from the issue of the invoice before an administrative fee becomes payable.206721117212
FEES 2.2.3GRP
(1) Paragraph15 23(8) of Schedule 1ZA of the Act permits the FCA to recover fees (including fees relating to payment services, the issuance of electronic money, fees relating to CBTL firms, designated credit reference agencies and, where relevant, FOS levies and CFEB levies).14(2) Section 213(6) of the Act permits the FSCS to recover shares of the FSCS levy payable, as a debt owed to the FCA and FSCS respectively. 14(3) The FCA and FSCS, as relevant, will consider taking action
FEES 2.2.4GRP
In addition, the FCA13may be entitled to take regulatory action in relation to the non-payment of fees,6FOS levies and CFEB levies. The FCA136 may also take regulatory action in relation to the non-payment of a721 share of the FSCS levy, after reference of the matter to the6FCA13 by the6FSCS. What action (if any) that is taken by the FCA13will be decided upon in the light of the particular circumstances of the case.667216721721
FEES 7.2.2RRP
The CFEB levy is calculated as follows:(1) identify each of the activity groups set out in Part 1 of FEES 7 Annex 1 that apply to the business of the firm for the relevant period (for this purpose, the activity groups are defined in accordance with Part 1 of and the activity groups under are defined in accordance with Part 1 of that Annex);FEES 4 Annex 1A);66(2) for each of those activity groups, calculate the amount payable in the way set out in FEES 7.2.3 R;(3) add the amounts
FEES 7.2.3RRP
The amount payable by a firm with respect to a particular activity group is calculated as follows:(1) calculate the size of the firm's tariff base for that activity group using the tariff base calculations in Part 3 of FEES 4 Annex 1A6 and Part 3 of FEES 4 Annex 111 and the valuation date requirements in Part 5 of FEES 4 Annex 1A6 and Part 3 of FEES 4 Annex 11;1(2) use the figure in (1) to calculate which of the bands set out in column 2 of the table in Part 1 of FEES 7 Annex
FEES 7.2.4RRP
For the purposes of FEES 7.2.3 R:(1) a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:(a) it has reasonable grounds for believing that the costs of identifying the firm'sUK business separately from its non-UK business in the way described in Part 3 of FEES 4 Annex 1A6 and Part 1 of FEES 4 Annex 111 are disproportionate to the difference in fees payable; and (b) it notifies the FCA in writing at the same time as it provides
FEES 7.2.9RRP
Table of rules in FEES 4that also apply to FEES 7 to the extent that in FEES 4 they apply to fees payable to the FCA6FEES 4 rules incorporated into FEES 7DescriptionFEES 4.2.4 RMethod of paymentFEES 4.2.7B RCalculation of periodic fee and tariff base for a firm's second financial yearFEES 4.2.8 RHow FEES 4.2.7 R applies in relation to an incoming EEA firm or an incoming Treaty firmFEES 4.2.10 RExtension of time FEES 4.2.11 R (first entry only)Due date and changes in permission
FEES 7.2.11GRP
In some cases, a FEES 4rule incorporated into FEES 7 in the manner set out in FEES 7.2.7 G will refer to another rule in FEES 4 that has not been individually incorporated into FEES 7. Such a reference should be read as being to the corresponding provision in FEES 7. The main examples are set out in FEES 7.2.12 G.
FEES 7.2.12GRP
Table of FEES 4 rules that correspond to FEES 7 rulesFEES 4 rules Corresponding FEES 7 rulesFEES 4.2.1 RFEES 7.2.1 RFEES 4.3.1 RFEES 7.2.2 RFEES 4.3.3 RFEES 7.2.2 R11FEES 4.3.3A RFEES 7.2.2 RFEES 4.3.12 RFEES 7.2.5 R11FEES 4.3.12A RFEES 7.2.5 RPart 1 of 6FEES 4 Annex 2A6Part 1 of FEES 7 Annex 111Part 2 of FEES 4 Annex 11Part 1 of FEES 7 Annex 11Part 5 of FEES 4 Annex 11Part 1 of FEES 7 Annex 1
FEES 5.2.3GRP
Paragraph 15 of Schedule 17 to the Act enables FOS Ltd to require firms subject to the Compulsory Jurisdiction and any other respondents to a complaint to pay specified fees to it in respect of complaints closed by the Financial Ombudsman Service.
FEES 5.2.4GRP
The Ombudsman Transitional Order provides for unauthorised persons to be charged fees in respect of any relevant complaints against them which the Financial Ombudsman Service handles.
FEES 5.2.7GRP
This chapter sets out the framework for the funding arrangements of the Financial Ombudsman Service, including, where relevant,25 the method by which fees will be calculated. Details of the actual fees payable will vary from year to year, depending on the annual budget of the Financial Ombudsman Service. These details will be set out in annexes 25to this chapter. New annexes25 will be prepared and consulted on for each financial year.2525
FEES 1.1.1GRP
(1) FEES applies to all persons required to pay a fee or levy under a provision of the Handbook. The purpose of this chapter is to set out to whom the rules and guidance in FEES apply. 30(2) FEES 2 (General Provisions) contains general provisions which may apply to any type of fee payer.30(3) FEES 3 (Application, Notification and Vetting Fees) covers one-off fees payable on a particular event for example various application fees (including those in relation to authorisation, variation
FEES 1.1.1AGRP
15FEES App 1 Annex 1 applies to all persons required to pay a fee or any other amount to the FCA under the Unauthorised Mutuals Registration Fees Rules, as made by the Fees (Unauthorised Mutual Societies Registration) Instrument 2002 (FSA 2002/4) and amended from time to time.
FEES 1.1.1BGRP
23FEES 9 (Payment System Regulator Funding) relates to PSR fees.
FEES 1.1.2RRP
This manual applies in the following way:(1) FEES 1, 2 and 3 apply to the fee payers listed in column 1 of the Table of application, notification and vetting fees in FEES 3.2.7 R29. 1041(a) [deleted]1010(b) [deleted]1010(c) [deleted]1010(d) [deleted]1010(e) [deleted]10(f) [deleted]1010(g) [deleted]1010(h) [deleted]1010(i) [deleted]1010(j) [deleted]1010(k) [deleted]1010(l) [deleted]1010(m) [deleted]1010(n) [deleted]104(o) 3345410[deleted]10(p) 55410[deleted]10(q) 6510[deleted]10(r)
FEES 1.1.4GRP
The purpose of this manual is to set out the fees applying to the persons set out in FEES 1.
FEES 9.1.4GRP
(1) Paragraph 9 of Schedule 4 of FSBRA and the 2015 Interchange Regulations applying FSBRA in a modified form allow3 the FCA to make rules requiring participants2 in regulated payment systems to pay the FCA specified amounts or amounts calculated in a specified way to:(a) meet the relevant costs referred to in (2) below; and (b) enable the PSR to maintain adequate reserves.(1A) The specified amount or amounts calculated in a specific way in (1) are PSR fees which are levied for
FEES 9.1.6GRP
The FCA must pay to the PSR the amounts that it receives as PSR fees, apart from the following amounts (which it may keep): (1) expenses under FEES 9.1.4G (2)(b) to (d); and(2) collection costs, referred to in FEES 9.1.4G (3).
FEES 9.1.8GRP
(1) PSR fees will vary from year to year, depending on the PSR's annual plan and budget. (2) These details are in FEES 9 Annex 1 R. (3) The FCA will prepare and consult on new details for each fee year.
FEES 6.7.3RRP
A participant firm's share of a levy to which FEES 6.7.1 R (1) applies is due on, and payable within 30 days of, the date when the invoice is issued.
FEES 6.7.4RRP
If a participant firm does not pay its share of a levy subject to a direct debit agreement as required by FEES 6.7.1 R (2), the entire amount of the levy becomes due and payable to the FSCS, and additional administrative fees are payable at the rate set out in FEES 2.2.1 R.
FEES 6.7.5RRP
A participant firm liable to pay its share of the levy under FEES 6.7.1 R must do so using one of the methods set out in FEES 4.2.4 R save that no additional amount or discount is applicable.
FEES 6.7.6RRP
If a firm ceases to be a participant firm or carry out activities within one or more classes54 part way through a financial year4 of the compensation scheme:4(1) it will remain liable for any unpaid levies which the FSCS has already made on the firm; and41(2) the FSCS may make one or more levies4 upon it (which may be before or after the firm5 has ceased to be a participant firm or carry out activities within one or more classes5,4 but must be before it ceases to be an authorised
CONC 8.4.2RRP
A firm must include in its written contract (other than a credit agreement to which the Consumer Credit (Agreements) Regulations 2010 apply) the following matters:(1) the nature of the service to be provided by the firm, including the specific debt solution to be offered to the customer; [Note: paragraph 3.40b of DMG](2) the duration of the contract; [Note: paragraph 3.40c of DMG](3) the total cost of the firm's service or, where it is not possible to state the total cost, the
CONC 8.4.4GRP
A firm may be required to make a refund of its fees and charges, in whole or in part, if a firm fails to deliver its service in whole or in part or it has carried out the service without reasonable care and skill.
FEES 5.7.1RRP
A firm must pay annually to the FCA the general levy on or before the later of 1 April and 30 calendar days after the date when the invoice is issued by the FCA.1
FEES 5.7.4RRP
A firm liable to pay fees under FEES 5.7.1 R must do so using one of the methods set out in FEES 4.2.4 R save that no additional amount or discount is applicable.
FEES 10.3.1RRP
If a firm does not pay the total amount of the pensions guidance levy before the end of the date on which it is due, it must pay:(1) an administrative fee of £250; plus(2) interest on any unpaid part of the levy at an annual rate of 5% above the Official Bank Rate from time to time in force, accruing daily from the date on which the amount concerned became due.
FEES 10.3.2GRP
(1) The FCA expects to issue invoices at least 30 days before the date on which the relevant amounts fall due.(2) Accordingly, a firm will usually have at least 30 days from the issue of the invoice before an administrative fee becomes payable.
CONC 8.7.4RRP
A firm must:(1) in good time before entering into a contract with the customer, disclose the existence of any commission or incentive payments relevant to the service provided to the customer between the firm and any third party and at any time, if the customer requests, disclose the amount of any such commission or incentive payment; [Note: paragraph 3.34b and c of DMG](2) send a revised financial statement in the same format as that required under CONC 8.5.1 R to the customer'slenders
CONC 8.7.5GRP
A firm, in presenting its fees, costs and charges, should distinguish the fees payable for the firm's services from any charges payable for court proceedings or other insolvency proceedings.
CONC 8.7.6RRP
A firm must not:(1) without a reasonable justification, switch a customer from one debt solution to another while making a further charge for setting up or administering the new debt solution to the extent that some or all of that work has already been carried out by the firm; [Note: paragraphs 3.32 and 34k of DMG](2) switch a customer to a different debt solution, without obtaining the customer's consent after having fully explained to the customer the reason for the change;