Related provisions for MIPRU 4.4.9

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IPRU-INV 5.6.1RRP
1A long term qualifying subordinated loan (IPRU-INV 5.8.1R Item 11) must have the following characteristics:(a) the loan is repayable only on maturity or on the expiration of a period of notice in accordance with paragraph (c) below or on the winding up of the firm;(b) in the event of the winding up of the firm, the loan ranks after the claims of all other creditors and is not to be repaid until all other debts outstanding at the time have been settled;(c) either(i) the minimum
IPRU-INV 5.6.2RRP
A firm may only take into account the paid-up amount of a long term qualifying subordinated loan in the calculation of its own funds. This amount must be amortised on a straight-line basis over the five years prior to the date of repayment.
IPRU-INV 5.6.3RRP
A short term qualifying subordinated loan (IPRU-INV 5.8.1R item 15) must have the characteristics set out in IPRU-INV 5.6.1R save that the minimum period set out in IPRU-INV 5.6.1R(c) shall be two years.
IPRU-INV 5.6.4RRP
A firm must not make any payment of principal or interest which would result in a breach of IPRU-INV 5.2.2R.
IPRU-INV 5.6.5RRP
A qualifying subordinated loan must be in the form prescribed by the FCA for the purposes of this rule.
IPRU-INV 5.6.6GRP
Firms wishing to initiate a subordinated loan agreement other than in the prescribed form are advised to contact the FCA.
IPRU-INV 5.6.7RRP
A firm wishing to include a qualifying subordinated loan in its calculation of liquid capital must:(a) provide the FCA with a copy of the agreement not less than 10 business days before the loan is to be made; and(b) certify to the FCA that the loan agreement complies with the FCA'sprescribed subordinated loan agreement.
IPRU-INV 5.6.8RRP
A firm including a qualifying subordinated loan in its calculation of liquid capital must not:(a) secure all or any part of the loan;(b) redeem, purchase or otherwise acquire any of the liabilities of the borrower in respect of the loan;(c) amend or concur in amending the terms of the loan agreement;(d) repay all or any part of the loan otherwise than in accordance with the terms of the loan agreement; or(e) take or omit to take any action whereby the subordination of the loan
CREDS 3A.5.1RRP
(1) 1The requirements in this section apply:(a) (excluding the requirements in CREDS 3A.5.6R and CREDS 3A.5.7R) to a firm when dealing in or arranging a deal in a deferred share with or for a relevant credit union client where the relevant credit union client is to enter into the deal as buyer; and(b) (excluding the requirements in CREDS 3A.5.3R to CREDS 3A.5.5R) to a firm when:(i) communicating a direct offer financial promotion relating to credit union subordinated debt to a
CREDS 3A.5.3RRP
(1) The firm must:(a) give the relevant credit union client a risk warning in the form in (2) on paper or another durable medium; and(b) obtain confirmation in writing from the relevant credit union client that the relevant credit union client has read it, in good time before the relevant credit union client has committed to buy the deferred share.(2) “The investment to which this communication relates is a deferred share. Direct investment in deferred shares can be high risk
CREDS 3A.5.4RRP
(1) The firm must:(a) give the relevant credit union client a statement in the form in (2) on paper or another durable medium; and(b) obtain confirmation in writing from the relevant credit union client that the relevant credit union client has signed it,in good time before the relevant credit union client has committed to buy the deferred share.(2) “I make this statement in connection with my proposed investment in deferred shares issued by a credit union. I have been made aware
CREDS 3A.5.6RRP
(1) The firm must:(a) include a risk warning in the form in (2) for any direct offer financial promotion to a relevant credit union client relating to credit union subordinated debt; and(b) obtain confirmation in writing from the relevant credit union client that the relevant credit union client has read the risk warning,in good time before the relevant credit union client makes the subordinated loan to the credit union.(2) “The investment to which this financial promotion relates
CREDS 3A.5.7RRP
(1) The firm must:(a) include a statement in the form in (2) in any direct offer financial promotion to a relevant credit union client relating to credit union subordinated debt; and(b) obtain confirmation in writing from the relevant credit union client that the relevant credit union client has signed the statement,in good time before the relevant credit union client makes the subordinated loan to the credit union.(2) “I make this statement in connection with my proposed making
CREDS 3A.5.8RRP
(1) Where a firm applies any exemption set out in COBS 22.2.4R under CREDS 3A.5.1R(3)2, any reference in COBS 22.2.4R to mutual society share must be read as though it includes a deferred share or credit union subordinated debt, as applicable.(2) For the purposes of any assessments or certifications required by the exemptions in COBS 22.2.4R, as applied for the purposes of this section under CREDS 3A.5.1R(3)2, any reference in COBS 4.12 provisions to non-mainstream pooled investments
CREDS 3A.5.12RRP
Where the requirements of this section apply to a firm other than the credit union that issues the deferred shares or receives the credit union subordinated debt, the credit union must ensure that the firm complies with the requirements of this section.
IPRU-INV 9.5.2RRP
Table The table forms part of rule 9.5.1R (1) Investments in own shares at book value B (2) Intangible assets (3) Material current year losses(1) Revaluation reserves C (2) Perpetual cumulative preference share capital (3) Long-term subordinated loans (4) Perpetual long-term subordinated loans (5) Fixed term preference share capital
IPRU-INV 9.5.3RRP
Perpetual long-term subordinated loans and perpetual cumulative preference share capital may not be included in the calculation of own funds unless they meet the following requirements: (1) it may not be reimbursed on the holder's initiative or without the prior agreement of the FCA; (2) the instrument must provide for the firm to have the option of deferring the dividend payment on the share capital; (3) the shareholder's
IPRU-INV 9.5.4RRP
A firm may include a subordinated loan in the calculation of its own funds only: (a) if it is drawn up in accordance with the standard forms obtained from the FCA; (b) if it is signed by authorised signatories of all the parties; and (c) to the extent that it is fully paid up.
IPRU-INV 9.5.5RRP
A long-term subordinated loan may not be included in the calculation of own funds unless it meets the following requirements: (1) it must be fully paid-up; (2) it has an original maturity of at least five years; (3) the extent to which it may be used in the calculation of own funds shall be amortised on a straight line basis during at least the five years before repayment; and (4) it must not become repayable before the agreed repayment date other than in the
IPRU-INV 9.5.8RRP
(1) In calculating own funds: (i) the total amount of revaluation reserves, perpetual cumulative preference share capital, long-term subordinated loans, perpetual long-term subordinated loans and fixed term preference share capital must not exceed 100% of initial capital minus B; and (ii) the total amount of fixed term preference share capital and long-term subordinated loans must not exceed 50% of initial capital minus B.
CREDS 3A.3.1RRP
1A credit union must not borrow from a natural person, except by way of a subordinated loan qualifying as capital under PRA rules.
CREDS 3A.3.2GRP
CREDS 3A.3.1R does not apply to borrowing from a body corporate. A loan made to a credit union by a body corporate can either be a subordinated loan (providing regulatory capital within PRA rules) or a senior loan (providing ordinary funding, but not constituting regulatory capital).
CREDS 3A.3.3RRP
2A credit union must not require any of its members to make a subordinated loan to the credit union or purport to do so.
CONC 10.3.2RRP
Table: Items which are eligible to contribute to the prudential resources of a firmItemAdditional explanation1Share capitalThis must be fully paid and may include:(1)ordinary share capital; or(2)preference share capital (excluding preference shares redeemable by shareholders within two years).2Capital other than share capital (for example, the capital of a sole trader, partnership or limited liability partnership)The capital of a sole trader is the net balance on the firm's capital
CONC 10.3.4RRP
A subordinated loan/debt must not form part of the prudential resources of the firm unless it meets the following conditions:(1) it has an original maturity of:(a) at least five years; or(b) it is subject to five years' notice of repayment;(2) the claims of the subordinated creditors must rank behind those of all unsubordinated creditors;(3) the only events of default must be non-payment of any interest or principal under the debt agreement or the winding up of the firm;(4) the
CONC 10.3.5RRP
When calculating its prudential resources, the firm must exclude any amount by which the aggregate amount of its subordinated loans/debts exceeds the amount calculated as follows:a - bwhere:a=Items 1 - 5 in the Table of items which are eligible to contribute to a firm's prudential resources (see CONC 10.3.2 R)b=Items 1 - 5 in the Table of items which must be deducted in arriving at a firm's prudential resources (see CONC 10.3.3 R)[Note: Until 31 March 2017, transitional provisions
CONC 10.3.6GRP
CONC 10.3.5 R can be illustrated by the examples set out below:(1) Share Capital£20,000Reserves£30,000Subordinated loans/debts£10,000Intangible assets£10,000As subordinated loans/debts (£10,000) are less than the total of share capital + reserves - intangible assets (£40,000) the firm need not exclude any of its subordinated loans/debts pursuant to CONC 10.3.5 R. Therefore total prudential resources will be £50,000.(2) Share Capital£20,000Reserves£30,000Subordinated loans/debts£60,000Intangible
This table forms part of rule 13.1A.14 IPRU-INV 13.1A.14R2.(1) Investments in own shares at book value B (2) Intangible assets (3) Material current year losses(4) Excess of current year drawings over current year profits (1) Revaluation reserves C(2) Perpetual cumulative preference share capital and debt capital(3) Long-term subordinated loans (in accordance with IPRU-INV 13.1A.18R2) (4) Fixed term preference share capital (if not redeemable by shareholders within
(1) In calculating own funds:(i) the total amount of revaluation reserves, perpetual cumulative preference share capital, long-term subordinated loans and fixed term preference share capital must not exceed 100% of initial capital minus the sum of the items set out against B; and (ii) the total amount of fixed term preference share capital and long-term subordinated loans must not exceed 50% of initial capital minus the sum of the items set out against B.
2A firm may include a long-term subordinated loan as own funds (see item C(3) table 13.1A.15R) if all the conditions in IPRU-INV 13.1A.20R are satisfied.
2The conditions referred to in IPRU-INV 13.1A.19R are:(1) the subordinated loan must be fully paid up; (2) the subordinated loan must have an original maturity of at least five years or, where there is no fixed term, the subordinated loan must be subject to not less than five years' notice of repayment3;(3) the agreement governing the subordinated loan must only permit repayment3, prepayment or termination on:(a) maturity, or on expiration of the period of notice, if a firm has at
A firm must calculate its capital resources in accordance with table 13.15.3(1). Table 13.15.3(1)This table forms part of IPRU-INV 13.15.3R.Capital resourcesCompaniesSole traders: PartnershipsPaid-up share capital (excluding preference shares2 redeemable by shareholders2 within two years)Eligible LLP members’ capitalShare premium accountRetained profits (see IPRU-INV 13.15.4R) and interim net profits (Note 1)Revaluation reservesSubordinated loans (see IPRU-INV 13.15.7R)Debt capitalBalances
A category B firm may include a short-term subordinated loan as capital resources (see table in IPRU-INV 13.15.3R), if all the conditions in IPRU-INV 13.15.8R are satisfied.
The conditions referred to in IPRU-INV 13.15.7R are:(1) the subordinated loan must have an original maturity of at least two years or, if it has no fixed term, it is subject to not less than two years' notice of repayment;(2) the agreement governing the subordinated loan must not permit payment of interest unless a firm has at least 120% of its capital resources requirement after that payment2;(3) the agreement governing the subordinated loan must only permit repayment, prepayment
A Category B firm must calculate:(1) the aggregate amount of its short-term subordinated loans and its preference shares which are not redeemable within two years; (2) the amount of the firm's total capital and reserves excluding preference share capital, less the amount of its intangible assets, multiplied by 400%.
MIPRU 4.4.2RRP
Table: Items which are eligible to contribute to the capital resources of a firmItemAdditional explanation1.Share capitalThis must be fully paid and may include:(1)ordinary share capital; or(2)preference share capital (excluding preference shares redeemable by shareholders within two years).2.Capital other than share capital (for example, the capital of a sole trader, partnership or limited liability partnership)The capital of a sole trader is the net balance on the firm's capital
MIPRU 4.4.7RRP
A subordinated debt must not form part of the capital resources of the firm unless it meets the following conditions: (1) (for a firm which carries on insurance distribution activity7 , home finance mediation activity1 (or both) but not home financing1or home finance administration1) it has an original maturity of:1111(a) at least two years; or(b) it is subject to two years' notice of repayment;(2) (for all other firms) it has an original maturity of:(a) at least five years; or(b)
MIPRU 4.4.8RRP
(1) This rule applies to a firm which:(a) carries on:(i) insurance distribution activity7 ; or(ii) home finance mediation activity1(or both); and1in relation to those activities, holds client money or other client assets; or5(b) carries on home financing or home finance administration connected to regulated mortgage contracts (or both) unless as at 26 April 2014 its Part IV permission was and continues to remain subject to a restriction preventing it from undertaking new home
IPRU-INV 5.8.1RRP
1A firm must calculate its own funds and liquid capital as shown below, subject to the detailed requirements set out in IPRU-INV 5.8.2R.Financial resourcesCategoryIPRU-INV 5.8.2R paragraphTier 1(1)Paid-up share capital (excluding preference shares) A(1A)Eligible LLP members' capital (2) Share premium account (3) Reserves 2A(4) Non-cumulative preference shares Less: (5) Investments in own sharesB(6) Intangible assets (7) Material current year losses 4(8)Material holdings in
IPRU-INV 5.8.2RRP
1 Deductions and Ratios (Items 10, 11 and 15)(a)Notwithstanding IPRU-INV 5.8.1R and 5.8.2R for an exempt CAD firm, in calculating own funds, all of Item 8 must be deducted after the total of Tier 1 and Tier 2 capital and the following restrictions apply:(i)the total of fixed term cumulative preference shares (item 10) and long-term qualifying subordinated loans (item 11) that may be included in Tier 2 capital is limited to 50 per cent of Tier 1 capital;(ii)Tier 2 capital must
IPRU-INV 12.3.5R can be illustrated as follows: 1 Share Capital £20,000 Reserves £30,000 Subordinated loans/debts £10,000 Intangible Assets £10,000 As subordinated loans/debts (£10,000) are less than the total of share capital + reserves – intangible assets (£40,000) the firm need not exclude any of its subordinated loans/debts pursuant to IPRU-INV 12.3.5R. Therefore, total financial resources1 will be £50,000.
IPRU-INV 1.2.7RRP
(1) If a firm was, immediately before commencement permitted to treat "relevant funds" as part of its capital resources under the financial resource rules of a previous regulator applicable to the firm, it may treat those funds in an equivalent manner under the corresponding provisions of IPRU-INV, provided that the conditions in (3) are met.(2) For the purposes of this rule "relevant funds" are funds provided to the firm under the terms of(a) a subordinated loan agreement;
COBS 20.1A.14GRP
(1) A firm, other than a non-directive friendly society,2 is expected to manage its with-profits fund so that amounts (whether interest, principal, or other outgoings) payable by the firm under a capital instrument included in that insurer's own funds2 (as determined in accordance with the PRA Rulebook: Solvency II Firms: Own Funds or Non-Solvency II firms: Insurance Company – Capital Resources2) do not impact on the with-profits fund's assets or on the firm's ability to declare
1The following words or terms throughout IPRU-INV 5 appearing in bold (other than headings and titles) are to have the meanings given to them below if not inconsistent with the subject or context. If a defined term is italicised the definition appearing in the main Handbook Glossary applies.TermMeaningaccounting reference datemeans:(a)the date to which a firm's accounts are prepared in order to comply with the relevant Companies Act legislation. In the case of a firm not subject
SUP 15.3.8GRP
Compliance with Principle 11 includes, but is not limited to, giving the FCA11 notice of:2929(1) any proposed restructuring, reorganisation or business expansion which could have a significant impact on the firm's risk profile or resources, including, but not limited to:(a) setting up a new undertaking within a firm'sgroup, or a new branch (whether in the United Kingdom or overseas); or (b) commencing the provision of cross border services into a new territory; or(c) commencing