MIPRU Prudential sourcebook for Mortgage and Home Finance Firms, and Insurance Intermediaries

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MIPRU 1

Application and general provisions

MIPRU 1.1

Application

  • 01/01/2007

Application

MIPRU 1.1.1

handbook-guidance

This sourcebook applies to a firm with Part 4A permission to carry on:

  1. (1) insurance mediation activity;
  2. (2) home finance mediation activity;
  3. (3) home financing;
  4. (4) home finance administration; and
  5. (5) insurance business;

as specified in the beginning of each of the remaining chapters.

Export chapter as

MIPRU 2

Insurance mediation activity: responsibility, knowledge, ability and good repute

MIPRU 2.1

Application and purpose

  • 01/01/2007

Application

MIPRU 2.1.1

handbook-rule
This chapter applies to a firm with Part 4A permission to carry on insurance mediation activity.

Purpose

MIPRU 2.1.2

handbook-guidance
The main purpose of this chapter is to implement in part the provisions of the Insurance Mediation Directive as these apply to firms regulated by the appropriate regulator.

MIPRU 2.2

Allocation of the responsibility for insurance mediation activity

  • 01/01/2007

Responsibility for insurance mediation activity

MIPRU 2.2.1

handbook-rule

A firm, other than a sole trader, must allocate the responsibility for the firm's insurance mediation activity to a director or senior manager.

[Note: Article 3(1), fourth paragraph, of the Insurance Mediation Directive]

MIPRU 2.2.2

handbook-rule

The firm may allocate the responsibility for its insurance mediation activity to an approved person (or persons) performing:

  1. (1) a governing function (other than the non-executive director function); or
  2. (2) the apportionment and oversight function; or
  3. (3) the significant management function in so far as it relates to dealing in investments as principal, disregarding article 15 of the Regulated Activities Order (Absence of holding out etc) (or agreeing to do so) or an activity which is not designated investment business.

MIPRU 2.2.3

handbook-guidance
  1. (1) Typically a firm will appoint a person performing a governing function (other than the non-executive director function) to direct its insurance mediation activity. Where this responsibility is allocated to a person performing another function, the person performing the apportionment and oversight function with responsibility for the apportionment of responsibilities must ensure that the firm's insurance mediation activity is appropriately allocated.
  2. (2) The descriptions of significant influence functions, other than the required functions, do not extend to activities carried on by an insurance intermediary with permission only to carry on insurance mediation activity and whose principal purpose is to carry on activities other than regulated activities (see SUP 10A.1.18 R ). In this case, the firm may allocate the responsibility for the firm's insurance mediation activity to one or more of the persons performing the apportionment and oversight function who will be required to be an approved person.
  3. (3) In the case of a sole trader, the sole trader will be responsible for the firm's insurance mediation activity.

MIPRU 2.3

Knowledge, ability and good repute

  • 01/01/2007

MIPRU 2.3.1

handbook-rule

A firm (other than a connected travel insurance intermediary) must establish on reasonable grounds that:

  1. (1) a reasonable proportion of the persons within its management structure who are responsible for insurance mediation activity; and
  2. (2) all other persons directly involved in its insurance mediation activity;
  3. demonstrate the knowledge and ability necessary for the performance of their duties; and
  4. (3) all the persons in its management structure and any staff directly involved in insurance mediation activity are of good repute.

[Note: Article 4(1) and (2) of the Insurance Mediation Directive]

MIPRU 2.3.2A

handbook-guidance
In determining a person's knowledge and ability, the firm should have regard to matters including, but not limited to, whether the person:
(1) has demonstrated by experience and training that he is able or will be able to perform his duties related to the firm's insurance mediation activity; and
(2) satisfies the relevant requirements in the Senior Management Arrangements, Systems and Controls sourcebook (SYSC).
  • 01/04/2013

MIPRU 2.3.3

handbook-rule

In considering a person's repute the firm must ensure that the person:

  1. (1) has not been convicted of any serious criminal offences linked to crimes against property or other crimes related to financial activities (other than spent convictions under the Rehabilitation of Offenders Act 1974 or any other national equivalent); and
  2. (2) has not been adjudged bankrupt (unless the bankruptcy has been discharged);

under the law of any part of the United Kingdom or under the law of a country or territory outside the United Kingdom.

[Note: Article 4(2) of the Insurance Mediation Directive]

MIPRU 2.3.4

handbook-guidance
The firm should give particular consideration to offences of dishonesty, fraud, financial crime or other offences under legislation relating to banking and financial services, companies, insurance and consumer protection.

MIPRU 2.3.5

handbook-guidance
Firms are reminded that Principle 3 requires firms to take reasonable care to organise and control their affairs responsibly and effectively. Principle 3 is amplified by the rule which requires firms to take reasonable care to establish and maintain such systems and controls as are appropriate to its business (SYSC 3.1.1 R and SYSC 4.1.1 R). A firm's systems and controls should enable it to satisfy itself of the suitability of anyone who acts for it (SYSC 3.2.13 G and SYSC 5.1.2 G). This includes the assessment of an individual's honesty and competence. In addition, the competent employees rule (SYSC 3.1.6 R and SYSC 5.1.1 R) sets out a high-level competence requirement which every firm should follow.

MIPRU 2.3.5A

handbook-guidance
Firms are reminded that Principle 3 requires firms to take reasonable care to organise and control their affairs responsibly and effectively. Principle 3 is amplified by the rule which requires firms to take reasonable care to establish and maintain such systems and controls as are appropriate to its business (SYSC 3.1.1 R, SYSC 4.1.1 R and, for CRR firms, General Organisational Requirement 2.1 of the PRA Rulebook). A firm's systems and controls should enable it to satisfy itself of the suitability of anyone who acts for it (SYSC 3.2.13 G). This includes the assessment of an individual's honesty and competence. In addition, the competent employees rule (SYSC 3.1.6 R, SYSC 5.1.1 R Skills, Knowledge and Expertise 2.1 of the PRA Rulebook) sets out a high-level competence requirement which every firm should follow.
  • 02/04/2015

Export chapter as

MIPRU 3

Professional indemnity insurance

MIPRU 3.1

Application and purpose

  • 01/01/2007

Application

MIPRU 3.1.1

handbook-rule

This chapter applies to a firm with Part 4A permission to carry on any of the activities:

  1. (1) insurance mediation activity;
  2. (2) home finance mediation activity; unless any of the following exemptions apply:
  3. (3) in relation to insurance mediation activity, this chapter does not apply to a firm if another authorised person which has net tangible assets of more than £10 million provides a comparable guarantee; for this purpose:
    1. (a) if the firm is a member of a group in which there is an authorised person with net tangible assets of more than £10 million, the comparable guarantee must be from that person;
    2. (b) A 'comparable guarantee' means a written agreement on terms at least equal to those in a contract of professional indemnity insurance (see MIPRU 3.2.4 R) to finance the claims that might arise as a result of a breach by the firm of its duties under the regulatory system or civil law.
  4. (4) in relation to home finance mediation activity, this chapter does not apply to a firm if:
    1. (a) it has net tangible assets of more than £1 million; or
    2. (b) the comparable guarantee provisions of (3) apply (as if the firm was carrying on insurance mediation activity) but substituting £1 million for £10 million in (3)(a) and (b);
  5. (5) This chapter does not apply to:
    1. (a) an insurer; or
    2. (b) a managing agent; or
    3. (c) a firm to which IPRU(INV)13.1.5R(1)(Financial resource requirements for personal investment firms: requirement to hold professional indemnity insurance) applies; or
    4. (d) an exempt CAD firm to which IPRU(INV) 9.2.5R (Initial capital and professional indemnity insurance requirements - exempt CAD firms that are also IMD insurance intermediaries) applies.
  6. (6) in relation to home finance mediation activity , this chapter does not apply to an authorised professional firm:
    1. (a) that is required by another rule to hold professional indemnity insurance (see IPRU(INV) 2.3.1R); and
    2. (b) whose home finance mediation activity, is incidental to its main business.

MIPRU 3.1.2

handbook-guidance
The definition of insurance mediation activity is any of several activities 'in relation to a contract of insurance' which includes a contract of reinsurance. This chapter, therefore, applies to a reinsurance intermediary in the same way as it applies to any other insurance intermediary.

Purpose

MIPRU 3.1.3A

handbook-guidance

The purposes of this chapter are to:

  1. (1) implement article 4.3 of the Insurance Mediation Directive in so far as it requires insurance intermediaries to hold professional indemnity insurance, or some other comparable guarantee, against any liability that might arise from professional negligence; and
  2. (2) meet the statutory objective of promoting the safety and soundness of PRA-authorised persons by ensuring that firms have adequate resources to protect themselves against losses arising from breaches in its duties under the regulatory system or civil law.
  • 01/04/2013

MIPRU 3.1.4

handbook-guidance
Any breach in the duty of a firm or of its agents under the regulatory system or civil law can give rise to claims being made against the firm. Professional indemnity insurance has an important role to play in helping to finance such claims. In so doing, this chapter amplifies threshold condition 4 (Adequate resources). This threshold condition provides that a firm must have, on a continuing basis, resources that are, in the opinion of the appropriate regulator, adequate in relation to the regulated activities that the firm carries on.

MIPRU 3.1.5A

handbook-guidance
Under Fundamental Rules 4, 5 and 6 a firm is required to have effective risk strategies and risk management systems, to organise and control its affairs responsibly and effectively and to maintain adequate financial resources at all times.

MIPRU 3.1.6

handbook-guidance
Although financial resources and appropriate systems and controls can generally mitigate operational risk, professional indemnity insurance has a role in mitigating the risks a firm faces in its day to day operations, including those arising from not meeting the legally required standard of care when advising on investments. The purpose of this chapter is to ensure that a firm has in place the type, and level, of professional indemnity insurance necessary to mitigate these risks.

MIPRU 3.2

Professional indemnity insurance requirements

  • 01/01/2007

MIPRU 3.2.1

handbook-rule

A firm must take out and maintain professional indemnity insurance that is at least equal to the requirements of this section from:

  1. (1) an insurance undertaking authorised to transact professional indemnity insurance in the EEA; or
  2. (2) a person of equivalent status in:
    1. (i) a Zone A country; or
    2. (ii) the Channel Islands, Gibraltar, Bermuda or the Isle of Man.

[Note: Article 4(3) of the Insurance Mediation Directive]

MIPRU 3.2.2

handbook-guidance
The minimum limits of indemnity for a firm whose Part 4A permission covers both insurance mediation activity and home finance mediation activity is the higher of the limits of indemnity for these activities. If the firm opts for a single comparable guarantee to finance the claims which might arise as a result of both activities, the requirements for insurance mediation activity apply.

MIPRU 3.2.3

handbook-guidance
A non-EEA firm (such as a captive insurance company outside the EEA) will be able to provide professional indemnity insurance only if it is authorised to do so in one of the specified countries or territories.. The purpose of this provision is to balance the level of protection required for the policyholder against a reasonable level of flexibility for the firm.

Terms to be incorporated in the insurance

MIPRU 3.2.4

handbook-rule

The contract of professional indemnity insurance must incorporate terms which make provision for:

  1. (1) cover in respect of claims for which a firm may be liable as a result of the conduct of itself, its employees and its appointed representatives (acting within the scope of their appointment);
  2. (2) the minimum limits of indemnity per year set out in this section;
  3. (3) an excess as set out in this section;
  4. (4) appropriate cover in respect of legal defence costs;
  5. (5) continuous cover in respect of claims arising from work carried out from the date on which the firm was given Part 4A permission for the insurance mediation activity or home finance mediation activity concerned; and
  6. (6) cover in respect of Ombudsman awards made against the firm.

MIPRU 3.2.5

handbook-guidance
A firm is responsible for the conduct of all of its employees. The firm's employees include, but are not limited to, its partners, directors, individuals that are self-employed or operating under a contract hire agreement and any other individual that is employed in connection with its business.

MIPRU 3.2.6

handbook-guidance
A firm is responsible for the conduct of all of its appointed representatives.

Minimum limits of indemnity: insurance intermediary

MIPRU 3.2.7

handbook-rule

If the firm is an insurance intermediary, then the minimum limits of indemnity are:

  1. (1) for a single claim, €1,120,200 ; and
  2. (2) in aggregate, €1,680,300 or, if higher, 10% of annual income up to £30 million.

[Note: Article 4(3) of the Insurance Mediation Directive]

MIPRU 3.2.7A

handbook-guidance
Article 4(7) of the Insurance Mediation Directive requires the limits of indemnity to be reviewed every five years to take into account movements in European consumer prices. These limits will therefore be subject to further adjustments on the basis of index movements advised by the European Commission.

MIPRU 3.2.8

handbook-rule
If a policy is denominated in any currency other than euros, a firm must take reasonable steps to ensure that the limits of indemnity are, when the policy is effected and at renewal, at least equivalent to those required.

Minimum limits of indemnity: home finance intermediary

MIPRU 3.2.9

handbook-rule

If the firm is a home finance intermediary, then the minimum limit of indemnity is the higher of 10% of annual income up to £1 million, and:

  1. (1) for a single claim, £100,000; or
  2. (2) in aggregate, £500,000.

Excess

MIPRU 3.2.10

handbook-rule
In this chapter, "client assets" includes a document only if it has value, or is capable of having value, in itself (such as a bearer instrument).

MIPRU 3.2.11

handbook-rule

For a firm which does not hold client money or other client assets, the excess must not be more than the higher of:

  1. (1) £2,500; and
  2. (2) 1.5% of annual income.

MIPRU 3.2.12

handbook-rule

For a firm which holds client money or other client assets, the excess must not be more than the higher of:

  1. (1) £5,000; and
  2. (2) 3% of annual income.

Policies covering more than one firm

MIPRU 3.2.13

handbook-rule

If a policy provides cover to more than one firm, then:

  1. (1) the limits of indemnity must be calculated on the combined annual income of all the firms named in the policy; and
  2. (2) each firm named in the policy must have the benefit of the relevant minimum limits of indemnity.

Additional capital

MIPRU 3.2.14

handbook-rule
If a firm seeks to have an excess which is higher than the relevant limit, it must hold additional capital as calculated in accordance with the appropriate table below:
Table: Calculation of additional capital for firm not holding client money or other client assets (£000's)
Table: Calculation of additional capital for firm holding client money or other client assets (£000's)

MIPRU 3.2.15

handbook-rule
The rule on the items which are eligible to contribute to the capital resources of a firm applies (see MIPRU 4.4.2 R.

Export chapter as

MIPRU 4

Capital resources

MIPRU 4.1

Application and purpose

  • 01/01/2007

Application

MIPRU 4.1.1

handbook-rule

This chapter applies to a firm with Part 4A permission to carry on any of the following activities, unless an exemption in this section applies:

  1. (1) insurance mediation activity;
  2. (2) home finance mediation activity;
  3. (3) home financing;
  4. (4) home finance administration.

MIPRU 4.1.2

handbook-guidance
As this chapter applies only to a firm with Part 4A permission, it does not apply to an incoming EEA firm (unless it has a top-up permission). An incoming EEA firm includes a firm which is passporting into the United Kingdom under the Insurance Mediation Directive.

MIPRU 4.1.3

handbook-guidance
The definition of insurance mediation activity refers to several activities 'in relation to a contract of insurance' which includes a contract of reinsurance. This chapter, therefore, applies to a reinsurance intermediary in the same way as it applies to any other insurance intermediary.

Application: banks, building societies, insurers and friendly societies

MIPRU 4.1.4

handbook-rule

This chapter does not apply to:

  1. (1) a bank; or
  2. (2) a building society; or
  3. (3) a solo consolidated subsidiary of a bank or a building society; or
  4. (4) an insurer; or
  5. (5) a friendly society.

MIPRU 4.1.5

handbook-guidance
The capital resources of the firms above are calculated in accordance with the appropriate prudential sourcebook.

Application: firms carrying on designated investment business only

MIPRU 4.1.6

handbook-rule
This chapter does not apply to a firm whose Part 4A permission is limited to regulated activities which are designated investment business.

MIPRU 4.1.7

handbook-guidance
A firm which carries on designated investment business, and no other regulated activity, may disregard this chapter. For example, a firm with permission limited to dealing in investments as agent in relation to securities is only carrying on designated investment business and the Interim Prudential sourcebook for investment businesses or the Prudential sourcebook for Banks, Building Societies and Investment Firms, as appropriate, will apply. However, if its permission is varied to enable it to arrange motor insurance as well, this activity is not designated investment business so the firm will be subject to the higher of the requirements in this chapter and those sourcebooks (see MIPRU 4.2.5 R).

Application: credit unions

MIPRU 4.1.8

handbook-rule

This chapter does not apply to:

  1. (1) a 'small credit union', that is one with:
    1. (a) assets of £5 million or less; and
    2. (b) a total number of members of 5,000 or less (see CREDS 5.3.13 R); or
  2. (2) a credit union whose Part 4A permission includes mortgage lending or mortgage administration (or both) but not insurance mediation activity or mortgage mediation activity.

MIPRU 4.1.9

handbook-guidance
  1. (1) For credit unions to which this chapter applies and which are not CTF providers, the capital requirements will be the higher of the requirements in this chapter and in the Credit Unions sourcebook (see MIPRU 4.2.6 R).
  2. (2) For credit unions to which this chapter applies and which are CTF providers with permission to carry on designated investment business, the capital requirements will be the highest of the requirements in this chapter, those in the Credit Unions sourcebook and in the Interim Prudential sourcebook for investment businesses (see MIPRU 4.2.6 R).
  3. (3) A credit union cannot carry on home purchase activities or reversion activities because the Credit Unions Act 1979 (in relation to Great Britain credit unions) and the Credit Unions (Northern Ireland) Order 1985 (in relation to Northern Ireland credit unions) restricts the circumstances whereby credit unions can hold land.

Application: Lloyd's managing agents

MIPRU 4.1.11

handbook-rule
This chapter does not apply to a managing agent.

MIPRU 4.1.12

handbook-guidance
The reason for excluding managing agents from the provisions of this chapter is twofold: first, a member will have accepted full responsibility for those activities under the Society's managing agent agreement. Secondly, the member is itself subject to capital requirements which are equivalent to those applying to an insurer (to which this chapter is also disapplied).

Purpose

MIPRU 4.1.14

handbook-guidance
This chapter amplifies threshold condition 4 (Adequate resources) by providing that a firm must meet, on a continuing basis, a basic solvency requirement and a minimum capital resources requirement. This chapter also amplifies Principle 4 which requires a firm to maintain adequate financial resources by setting out capital requirements for a firm according to the regulated activity or activities it carries on.

MIPRU 4.1.15

handbook-guidance
Capital has an important role to play in protecting consumers and complements the roles played by professional indemnity insurance and client money protection (see the client money rules). Capital provides a form of protection for situations not covered by a firm's professional indemnity insurance and it provides the funds for the firm's PII excess, which it has to pay out of its own finances (see MIPRU 3.2.11 R and MIPRU 3.2.12 R for the relationship between the firm's capital and its excess).

MIPRU 4.1.16

handbook-guidance
More generally, having adequate capital gives the firm a degree of resilience and some indication to consumers of creditworthiness, substance and the commitment of its owners. It reduces the possibility of a shortfall of funds and provides a cushion against disruption if the firm ceases to trade.

MIPRU 4.1.17

handbook-guidance
There is a greater risk to consumers, and a greater adverse impact on market confidence, if a firm holding client money or other client assets fails. For this reason, the capital resources rules in this chapter clearly distinguish between firms holding client assets and those that do not.

MIPRU 4.2

Capital resources requirements

  • 01/01/2007

Applicable guidance within BIPRU

MIPRU 4.2.-1

handbook-guidance
Unless otherwise specified, where MIPRU 4.2 to MIPRU 4.2D refers to a guidance provision contained in BIPRU, a firm should regard that guidance provision as applying to it in the same way that that provision applies to a BIPRU firm.
  • 26/04/2014

General solvency requirement

MIPRU 4.2.1

handbook-rule
A firm must at all times ensure that it is able to meet its liabilities as they fall due.

MIPRU 4.2.1A

handbook-guidance
Specific liquidity requirements for a firm carrying on any home financing or home finance administration connected to regulated mortgage contracts are set out in MIPRU 4.2D.
  • 26/04/2014

General capital resource requirement

MIPRU 4.2.2

handbook-rule
A firm must at all times maintain capital resources equal to or in excess of its relevant capital resources requirement.

Capital resources: relevant accounting principles

MIPRU 4.2.3

handbook-rule
A firm must recognise an asset or liability, and measure its amount, in accordance with the relevant accounting principles applicable to it for the purpose of preparing its annual financial statements unless a rule requires otherwise.

Capital resorces: client assets

MIPRU 4.2.4

handbook-rule
In this chapter, "client assets" includes a document only if it has value, or is capable of having value, in itself (such as a bearer instrument)

Capital resources requirement: firms carrying on regulated activities including designated investment business

MIPRU 4.2.5

handbook-rule

The capital resources requirement for a firm (other than a credit union) carrying on regulated activities, including designated investment business, is the higher of:

  1. (1) the requirement which is applied by this chapter according to the activity or activities of the firm (treating the relevant rules as applying to the firm by disregarding its designated investment business); and
  2. (2) the financial resource requirement which is applied by the Interim Prudential sourcebook for investment businesses, the Prudential sourcebook for Investment Firms and the EUCRR or the General Prudential sourcebook and the Prudential sourcebook for Banks, Building Societies and Investment Firms.

Capital resources requirement: credit unions

MIPRU 4.2.6

handbook-rule

The capital resources requirement for a credit union to which this chapter applies is the highest of:

  1. (1) the requirement which is applied to firms carrying on mediation activities only (see MIPRU 4.2.11 R) treating that rule as applying to the credit union by disregarding activities which are not insurance mediation activity or mortgage mediation activity;
  2. (2) the amount which is applied by the Credit Unions sourcebook; and
  3. (3) if the credit union is a CTF provider that has a permission to carry on designated investment business, the amount which is applied by Chapter 8 of the Interim Prudential sourcebook for investment businesses.

Capital resources requirement: application according to regulated activities

MIPRU 4.2.9

handbook-rule
Unless any of the rules on capital resources for firms carrying on designated investment business, for credit unions or for social housing firms apply, the capital resources requirement for a firm varies according to the regulated activity or activities it carries on.

MIPRU 4.2.10

handbook-rule
Table: Application of capital resources requirements

MIPRU 4.2.10A

handbook-guidance
MIPRU 4.2.12 R to MIPRU 4.2.23 R have the effect that a firm carrying on any home financing or home finance administration which is connected to regulated mortgage contracts will be subject to different capital requirements to a firm that carries on those activities without connection to regulated mortgage contracts. To identify which of the rules in MIPRU 4.2.12 R to MIPRU 4.2.23 R is applicable, a firm should consider which regulated activities it performs as part of its home financing and home finance administration activities and determine whether any of those regulated activities (no matter what proportion) are connected to regulated mortgage contracts.
  • 26/04/2014

Capital resources requirement: mediation activity only

MIPRU 4.2.11

handbook-rule
  1. (1) If a firm carrying on insurance mediation activity or home finance mediation activity (and no other regulated activity) does not hold client money or other client assets in relation to these activities, its capital resources requirement is the higher of:
    1. (a) £5,000; and
    2. (b) 2.5% of the annual income from its insurance mediation activity or home finance mediation activity (or both).
  2. (2) If a firm carrying on insurance mediation activity or home finance mediation activity (and no other regulated activity) holds client money or other client assets in relation to these activities, its capital resources requirement is the higher of:
    1. (a) £10,000; and
    2. (b) 5% of the annual income from its insurance mediation activity or home finance mediation activity (or both).

Capital resources requirement: home financing and home finance administration not connected to regulated mortgage contracts

MIPRU 4.2.12

handbook-rule
  1. (1) The capital resources requirement for a firm carrying on only home financing, which is not connected to regulated mortgage contracts, or home financing and home finance administration which is not connected to regulated mortgage contracts (and no other regulated activity) is the higher of:
    1. (a) £100,000; and
    2. (b) 1% of:
      1. (i) its total assets plus total undrawn commitments and unreleased amounts under the home reversion plan; less:
      2. (ii) excluded loans or amounts plus intangible assets (see Note 1 in the table in MIPRU 4.4.4 R).
  2. (2) Undrawn commitments and unreleased amounts means the total of those amounts which a customer has the right to draw down or to receive from the firm but which have not yet been drawn down or received, excluding those under an agreement:
    1. (a) which has an original maturity of up to one year; or
    2. (b) which can be unconditionally cancelled at any time by the lender or provider.

MIPRU 4.2.13

handbook-guidance
When considering what is an undrawn commitment or unreleased amount, the appropriate regulator takes into account an amount which a customer has the right to draw down or to receive under a home finance transaction, but which has not yet been drawn down or received, whether the commitment or obligation is revocable or irrevocable, conditional or unconditional.

MIPRU 4.2.14

handbook-rule

When calculating total assets, the firm may exclude a loan or plan which has been transferred to a third party only if it meets the following conditions:

  1. (1) the first condition is that the loan or the plan has been transferred in a legally effective manner by:
    1. (a) novation; or
    2. (b) legal or equitable assignment; or
    3. (c) sub-participation; or
    4. (d) declaration of trust; and
  2. (2) the second condition is that the home finance provider:
    1. (a) retains no material economic interest in the loan or the plan; and
    2. (b) has no material exposure to losses arising from it.

MIPRU 4.2.15

handbook-evidential-provisions
  1. (1) When seeking to rely on the second condition, a firm should ensure that the loan or plan qualifies for the 'linked presentation' accounting treatment under Financial Reporting Standard 5 (Reporting the substance of transactions) issued in April 1994, and amended in December 1994 and September 1998 (if applicable to the firm).
  2. (2) Compliance with (1) may be relied upon as tending to establish compliance with the second condition.

MIPRU 4.2.16

handbook-guidance
The requirement that the loan qualifies for the 'linked presentation' accounting treatment under FRS 5 is aimed at those firms which report according to FRS 5. Other firms which report under other standards, including International Accounting Standards, need not adopt FRS 5 in order to meet the second condition.

MIPRU 4.2.17

handbook-evidential-provisions
  1. (1) When seeking to rely on the second condition, a firm should not provide material credit enhancement in respect of the loan or plan unless it deducts the amount of the credit enhancement from its capital resources before meeting its capital resources requirement.
  2. (2) Credit enhancement includes:
    1. (a) any holding of subordinated loans or notes in a transferee that is a special purpose vehicle; or
    2. (b) over collateralisation by transferring loans or plans to a larger aggregate value than the securities to be issued; or
    3. (c) any other arrangement with the transferee to cover a part of any subsequent losses arising from the transferred loan or plan.
  3. (3) Contravention of (1) may be relied upon as tending to establish contravention the second condition.

Capital resources requirement: home finance administration only

MIPRU 4.2.18

handbook-rule

The capital resources requirement for a firm carrying on home finance administration only, which has all or part of the home finance transactions that it administers on its balance sheet, is:

  1. (1) in the case of a firm carrying on only home finance administration which is not connected to regulated mortgage contracts, the amount which is applied to a firm under MIPRU 4.2.12 R; or
  2. (2) in the case of a firm carrying on any home finance administration which is connected to regulated mortgage contracts, the amount which is applied to a firm under MIPRU 4.2.23 R.

MIPRU 4.2.19

handbook-rule

The capital resources requirement for a firm carrying on home finance administration only, which has all the home finance transactions that it administers off its balance sheet, is the higher of:

  1. (1) £100,000; and
  2. (2) 10% of its annual income.

Capital resources requirement: insurance mediation activity and home financing or home finance administration

MIPRU 4.2.20

handbook-rule

The capital resources requirement for a firm carrying on insurance mediation activity and home financing or home finance administration is the sum of :

  1. (1) the capital resources requirement for a firm carrying on insurance mediation activity or home finance mediation activity (and no other regulated activity) (see MIPRU 4.2.11 R); and
  2. (2)
    1. (a) in the case of a firm carrying on home financing which is not connected to regulated mortgage contracts, or home finance administration which is not connected to regulated mortgage contracts, the amount which is applied to a firm under MIPRU 4.2.12 R; or
      1. (aa) in the case of a firm carrying on any home financing which is connected to regulated mortgage contracts or any home finance administration that it administers on its balance sheet which is connected to regulated mortgage contracts, the amount which is applied to a firm under MIPRU 4.2.23 R; or
    2. (b) in the case of a firm carrying on home finance administration with all the home finance transactions that it administers off balance sheet, the amount which is applied to a firm under MIPRU 4.2.19 R.

Capital resources requirement: home finance mediation activity and home financing or home finance administration

MIPRU 4.2.21

handbook-rule
  1. (1) If a firm carrying on home finance mediation activity and home financing or home finance administration does not hold client money or other client assets in relation to its home finance mediation activity, the capital resources requirement is:
    1. (a) in the case of a firm carrying on home financing which is not connected to regulated mortgage contracts or home finance administration which is not connected to regulated mortgage contracts, the amount applied to a firm under MIPRU 4.2.12 R; or
    2. (aa) in the case of a firm carrying on any home financing which is connected to regulated mortgage contracts or any home finance administration that it administers on its balance sheet which is connected to regulated mortgage contracts, the amount applied to a firm under MIPRU 4.2.23 R; or
    3. (b) in the case of a firm carrying on home finance administration with all the home finance transactions that it administers off balance sheet, the amount applied to a firm under MIPRU 4.2.19 R
  2. (2) If the firm holds client money or other client assets in relation to its home finance mediation activity , the capital resources requirement is:
    1. (a) the amount calculated under (1); plus
    2. (b) the amount which is applied to a firm carrying on insurance mediation activity or home finance mediation activity (and no other regulated activity) that holds client money or other client assets in relation to these activities (see MIPRU 4.2.11R (2)).

Capital resources requirement: other combinations of activities

MIPRU 4.2.22

handbook-rule

The capital resources requirement for a firm carrying on any combination of regulated activities which is not set out in MIPRU 4.2.10 R to MIPRU 4.2.21 R and MIPRU 4.2.23 R is:

  1. (1) if the combination of regulated activities includes carrying on any home financing connected to regulated mortgage contracts or home finance administration connected to regulated mortgage contracts, the sum of the amounts which are applied to a firm under:
    1. (a) MIPRU 4.2.20R (1); and
    2. (b) MIPRU 4.2.23 R; or
  2. (2) in all other cases, the sum of the amounts which are applied to a firm under:
    1. (a) MIPRU 4.2.20R (1); and
    2. (b) MIPRU 4.2.12 R.

Capital resources requirement: home financing and home finance administration connected to regulated mortgage contracts

MIPRU 4.2.23

handbook-rule

The capital resources requirement for a firm carrying on any home financing which is connected to regulated mortgage contracts, or home financing and home finance administration which is connected to regulated mortgage contracts (and no other regulated activity), is the higher of:

  1. (1) £100,000; and
  2. (2) the sum of:
    1. (a) the credit risk capital requirement calculated in accordance with MIPRU 4.2A; and
    2. (b) 1% of:
      1. (i) its total assets plus total undrawn commitments and unreleased amounts under the home reversion plan; less
      2. (ii) intangible assets (see Note 1 in the table in MIPRU 4.4.4 R) plus loans, securitisation positions and CIU positions subject to MIPRU 4.2A.4 R.

MIPRU 4.2A

Credit risk capital requirement

  • 26/04/2014

Application

MIPRU 4.2A.1

handbook-rule
This section applies to a firm to which MIPRU 4.2.23 R applies.

Purpose

MIPRU 4.2A.2

handbook-guidance

The purpose of MIPRU 4.2A is to:

  1. (1) set out how a firm should calculate its credit risk capital requirement;
  2. (2) set out how a firm should calculate its risk weighted exposure amounts for exposures on its balance sheet; and
  3. (3) identify which provisions of BIPRU 3 will apply to a firm, in addition to the provisions of MIPRU 4.2A, to enable it to make those calculations.

MIPRU 4.2A.3

handbook-guidance
A firm should refer to BIPRU 5 (as amended by MIPRU 4.2C.3 R) with regard to the effect of credit risk mitigation on the calculation of risk weighted exposure amounts.

Calculation of credit risk

MIPRU 4.2A.4

handbook-rule

The credit risk capital requirement of a firm is 8% of the total of its risk weighted exposure amounts for exposures that:

  1. (1) are on its balance sheet; and
  2. (2) derive from:
    1. (a) a loan entered into; or
    2. (b) a securitisation position originated; or
    3. (c) a CIU position entered into;
  3. on or after 26 April 2014; and
  4. (3) have not been deducted from the firm's capital resources under MIPRU 4.4.4 R or MIPRU 4.2BA;
calculated in accordance with MIPRU 4.2A.

MIPRU 4.2A.5

handbook-rule
Any arrangements entered into on or after 26 April 2014 which increase the amount of a loan already advanced or change the security to a loan already advanced or change the contractual terms (other than if the firm is exercising forbearance) of a loan already advanced will be subject to the credit risk capital requirement under MIPRU 4.2A.4R (2)(a) provided that, where the arrangements only increase the amount of a loan already advanced, such requirement shall only apply to the amount of such increase.
  • 26/04/2014

MIPRU 4.2A.5A

handbook-guidance

The arrangements excluded from the credit risk capital requirement include:

  1. (1) a loan acquired by a firm after 26 April 2014 if that loan was made before 26 April 2014;
  2. (2) arrangements made as a result of forbearance procedures, including:
    1. (a) a change in the basis of interest payments from variable to fixed rate; or
    2. (b) a change from a repayment mortgage to interest only; or
    3. (c) the capitalisation of interest which increases the principal outstanding, where there is no element of new borrowing.

MIPRU 4.2A.6

handbook-rule
The exposure value of an asset item must be its balance sheet value.

MIPRU 4.2A.7

handbook-rule
When calculating risk weighted exposure amounts, a firm must comply with BIPRU 3.2.3 R, BIPRU 3.2.9 R to BIPRU 3.2.19 G, and BIPRU 3.2.38 R in the same way that these provisions apply to a BIPRU firm, except to the extent that a provision is modified or excluded in the table in MIPRU 4.2A.8 R.
  • 26/04/2014

MIPRU 4.2A.8

handbook-rule
This table belongs to MIPRU 4.2A.7 R
  • 26/04/2014

MIPRU 4.2A.9

handbook-rule
For the purposes of applying a risk weight, the exposure value must be multiplied by the risk weight determined in accordance with MIPRU 4.2A.10 R, MIPRU 4.2A.11 R, MIPRU 4.2A.12 R or MIPRU 4.2A.13 R.

MIPRU 4.2A.10

handbook-rule
To calculate risk weighted exposure amounts on exposures secured by mortgages on residential property, risk weights must be applied to all such exposures, unless deducted from capital resources calculated under MIPRU 4.4, in accordance with BIPRU 3.4.56 R to BIPRU 3.4.88 G.

MIPRU 4.2A.11

handbook-rule
To calculate risk weighted exposure amounts on exposures in CIUs, risk weights must be applied to all such exposures, unless deducted from capital resources under MIPRU 4.4, in accordance with BIPRU 3.4.114 R to BIPRU 3.4.125 R.

MIPRU 4.2A.12

handbook-rule
Risk weighted exposure amounts for securitised exposures must be calculated in accordance with MIPRU 4.2B.

MIPRU 4.2A.13

handbook-rule
To calculate risk weighted exposure amounts on exposures other than those provided for in MIPRU 4.2A.10 R to MIPRU 4.2A.12 R, risk weights must be applied to all such exposures, unless deducted from capital resources calculated under MIPRU 4.4, in accordance with BIPRU 3.5.5 G as though that provision were a rule.
  • 26/04/2014

MIPRU 4.2A.14

handbook-guidance
Rather than risk weighting exposures individually under MIPRU 4.2A.13 R, a firm should apply a single risk weight to all exposures in each exposure class.
  • 26/04/2014

MIPRU 4.2A.15

handbook-rule
If a firm calculates risk weighted exposure amounts under MIPRU 4.2A.13 R and is directed by BIPRU 3.5.5 G to the "normal rules", it must, in the calculation of those risk weighted exposure amounts, comply with BIPRU 3.4 in the same way that that section applies to a BIPRU firm.
  • 26/04/2014

MIPRU 4.2A.16

handbook-rule
Exposures must be assigned a risk weight of 100% if MIPRU 4.2A.10 R to MIPRU 4.2A.13 R do not set out a calculation for risk weighted exposure amounts applicable to that exposure.
  • 26/04/2014

MIPRU 4.2A.17

handbook-rule
A firm must apply BIPRU 3.4.96 R to BIPRU 3.4.102 R to all past items due.

MIPRU 4.2A.18

handbook-guidance
A firm may apply BIPRU 3.5.6 G and BIPRU 3.5.7 G to exposures. MIPRU 4.2C sets out the amendments to the BIPRU 5rules referenced within these provisions.
  • 26/04/2014

MIPRU 4.2B

Securitisation

  • 26/04/2014

Application

MIPRU 4.2B.1

handbook-rule
This section applies to a firm to which MIPRU 4.2.23 R applies.
  • 26/04/2014

Purpose

MIPRU 4.2B.2

handbook-guidance

The purpose of MIPRU 4.2B is to set out:

  1. (1) how a firm that is required to calculate the credit risk capital requirement under MIPRU 4.2.23 R should calculate the risk weighted exposure amounts for securitisation positions; and
  2. (2) the requirements that investors, originators and sponsors of securitisations on the balance sheet will have to meet (BIPRU 9.3.1A R and BIPRU 9.3.15 R to BIPRU 9.3.20 R).
  • 26/04/2014

Calculation of risk weighted exposure amount for securitisation positions

MIPRU 4.2B.3

handbook-rule
To calculate the risk weighted exposure amount for securitisation positions, a firm must comply with BIPRU 9 in the same way that that section applies to a BIPRU firm, except to the extent that a provision of BIPRU 9 is modified or excluded in the table in MIPRU 4.2B.4 R.
  • 26/04/2014

MIPRU 4.2B.4

handbook-rule
This table belongs to MIPRU 4.2B.3 R
  • 26/04/2014

MIPRU 4.2B.5

handbook-guidance
Subject to BIPRU 9.3.6 G, for the purposes of BIPRU 9.4.1 R and BIPRU 9.5.1 R the transfer of credit risk to third parties should only be considered significant if the proportion of risk transferred is broadly commensurate with, or exceeds, the proportion by which risk weighted exposure amounts are reduced.
  • 26/04/2014

MIPRU 4.2B.6

handbook-guidance
For measuring the reduction in risk and risk weighted exposure amounts, an originator should assess the securitisation positions it holds against the underlying exposures as if they had never been securitised.
  • 26/04/2014

MIPRU 4.2B.7

handbook-guidance
An originator should use an appropriate method, consistent with its own internal processes, to assess whether the risk transferred is significant.
  • 26/04/2014

MIPRU 4.2B.8

handbook-guidance

If the result of:

  1. (1) applying a risk weight of 1250% to all positions that an originator holds in the securitisation; or
  2. (2) deducting all those positions from capital resources;

is a reduction in the originator's capital requirement compared to the capital requirements that would apply had it not transferred the securitised exposures, then the originator may treat the risk transferred as significant for the purposes of BIPRU 9.4.1 R and BIPRU 9.5.1 R.

  • 26/04/2014

MIPRU 4.2C

Credit risk mitigation

  • 26/04/2014

Application

MIPRU 4.2C.1

handbook-rule
This section applies to a firm to which MIPRU 4.2.23 R applies where that firm wishes to apply credit risk mitigation to the calculation of its risk weighted exposure amounts under MIPRU 4.2A.

Purpose

MIPRU 4.2C.2

handbook-guidance
The purpose of MIPRU 4.2C is to set out which provisions of BIPRU 5 a firm should comply with in the recognition of credit risk mitigation in the calculation of risk weighted exposure amounts for the purposes of the calculation of the credit risk capital requirement under MIPRU 4.2.23 R.

General

MIPRU 4.2C.3

handbook-rule
A firm that wishes to recognise credit risk mitigation in the calculation of risk weighted exposure amounts, must comply with BIPRU 5 in the same way that that section applies to a BIPRU firm, except to the extent that a provision of BIPRU 5 is modified or excluded in the table in MIPRU 4.2C.4 R.
  • 26/04/2014

MIPRU 4.2C.4

handbook-rule
This table belongs to MIPRU 4.2C.3 R
  • 26/04/2014

MIPRU 4.2D

Liquidity resources requirements

  • 26/04/2014

Application

MIPRU 4.2D.1

handbook-rule
This section applies to a firm carrying on any home financing or home finance administration connected to regulated mortgage contracts, unless as at 26 April 2014 its Part 4A permission was and continues to remain subject to a restriction preventing it from undertaking new home financing or home finance administration connected to regulated mortgage contracts.
  • 26/04/2014

Adequacy of liquidity resources

MIPRU 4.2D.2

handbook-rule
A firm must at all times maintain liquidity resources which are adequate, both as to amount and quality, to ensure that there is no significant risk that its liabilities cannot be met as they fall due.
  • 26/04/2014

MIPRU 4.2D.3

handbook-guidance

In assessing the adequacy of liquidity resources, a firm should have regard to the overall character of the resources available to it, which enable it to meet its liabilities as they fall due. A firm should ensure that:

  1. (1) it holds sufficient assets which are marketable, or otherwise realisable;
  2. (2) it is able to generate funds from those assets in a timely manner; and
  3. (3) it maintains a prudent funding profile in which its assets are of appropriate maturities, taking into account the expected timing of its liabilities.
  • 26/04/2014

Systems and controls requirements

MIPRU 4.2D.4

handbook-rule
A firm must have in place robust strategies, policies, processes and systems that enable it to identify, measure, manage and monitor liquidity risk over the appropriate set of time horizons for its business activities, to ensure that it maintains adequate levels of liquidity resources. These strategies, policies, processes, and systems must be appropriate to the firm's business lines, currencies in which it operates, and its group companies and must include adequate allocation mechanisms of liquidity costs, benefits and risks.
  • 26/04/2014

MIPRU 4.2D.5

handbook-rule
The strategies, policies, processes and systems referred to in MIPRU 4.2D.4 R must be proportionate to the nature, scale and complexity of the firm's activities and the risk profile of the firm.
  • 26/04/2014

MIPRU 4.2D.6

handbook-rule
A firm must have in place reliable management information systems to provide its governing body, senior managers and other appropriate personnel with timely and forward-looking information on the liquidity position of the firm.
  • 26/04/2014

MIPRU 4.2D.7

handbook-rule
A firm must ensure that its governing body reviews regularly (and not less frequently than annually) the continued adequacy of any strategies, policies, processes and systems in place in accordance with MIPRU 4.2D.4 R
  • 26/04/2014

Stress testing and contingency funding plans

MIPRU 4.2D.8

handbook-rule
A firm must consider alternative scenarios in which its liquidity position could be impacted. The consideration of alternative scenarios must include and deal with off-balance sheet items and other contingent liabilities, including those of securitisation special purpose entities (SSPEs) or other special purpose entities, in relation to which the firm acts as sponsor or provides material liquidity support. These scenarios must be incorporated into the stress testing under MIPRU 4.2D.9 R.
  • 26/04/2014

MIPRU 4.2D.9

handbook-rule

In order to ensure compliance with MIPRU 4.2D.2 R, a firm must:

  1. (1) conduct on a regular basis appropriate stress tests so as to:
    1. (a) identify sources of potential liquidity strain; and
    2. (b) ensure that the risks of current liquidity exposures can be adequately managed; and
  2. (2) analyse the separate and combined impact of possible future liquidity stresses on its:
    1. (a) cash flows;
    2. (b) liquidity position; and
    3. (c) solvency; and
  3. (3) make, as soon as is practicable after a test has been performed, and maintain a written record of all stress tests and their results
  • 26/04/2014

MIPRU 4.2D.10

handbook-rule
A firm must ensure that its governing body reviews regularly the stresses and scenarios tested and the assumptions underlying the funding position of the firm to ensure that their nature and severity remain appropriate and relevant to it.
  • 26/04/2014

MIPRU 4.2D.11

handbook-guidance

For the purpose of MIPRU 4.2D.10 R a review should take into account:

  1. (1) changes in market conditions;
  2. (2) changes in funding sources and inflows;
  3. (3) changes in the nature, scale or complexity of the firm's business model and activities; and
  4. (4) the firm's practical experience in periods of stress.
  • 26/04/2014

MIPRU 4.2D.12

handbook-rule
A firm must adjust its strategies, internal policies and limits on liquidity risk, taking into account the outcome of the alternative scenarios referred to in MIPRU 4.2D.8 R.
  • 26/04/2014

MIPRU 4.2D.13

handbook-rule
  1. (1) A firm must have in place contingency funding plans setting out adequate strategies and proper implementation measures in order to address potential liquidity shortfalls.
  2. (2) The contingency funding plans must be:
    1. (a) in writing;
    2. (b) approved by the firm's governing body;
    3. (c) regularly tested; and
    4. (d) updated on the basis of the outcome of the stress tests, testing alternative scenarios set out in MIPRU 4.2D.8 R.
  • 26/04/2014

MIPRU 4.2D.14

handbook-guidance
A contingency funding plan sets out a firm's strategies for managing liquidity shortfalls in emergency situations. Its aim should be to ensure that, in each of the stresses set out in MIPRU 4.2D.11 G, it would have sufficient liquidity resources to ensure that it can meet its liabilities as they fall due.
  • 26/04/2014

MIPRU 4.3

Calculation of annual income

  • 01/01/2007

Annual income

MIPRU 4.3.1

handbook-rule

This section contains provisions relating to the calculation of annual income for the purposes of:

  1. (1) the limits of indemnity for professional indemnity insurance; and
  2. (2) the capital resources requirements.

MIPRU 4.3.2

handbook-rule
'Annual income' is the annual income given in the firm's most recent annual financial statement from the relevant regulated activity or activities.

MIPRU 4.3.3

handbook-rule
For a firm which carries on insurance mediation activity or home finance mediation activity , annual income is the amount of all brokerage, fees, commissions and other related income (for example, administration charges, overriders, profit shares) due to the firm in respect of or in relation to those activities.

MIPRU 4.3.4

handbook-guidance
  1. (1) The purpose of the rule on annual income that applies to insurance intermediaries and mortgage intermediaries is to ensure that the capital resources requirement is calculated on the basis only of brokerage and other amounts earned by a firm which are its own income.
  2. (2) Annual income includes commissions and other amounts the firm may have agreed to pay to other persons involved in a transaction, such as sub-agents or other intermediaries.
  3. (3) A firm's annual income does not, however, include any amounts due to another person (for example, the product provider) which the firm has collected on behalf of that other person.

MIPRU 4.3.5

handbook-rule
If a firm is a principal, its annual income includes amounts due to its appointed representative in respect of activities for which the firm has accepted responsibility.

MIPRU 4.3.6

handbook-guidance
If a firm is a network, it should include the relevant income due to all of its appointed representatives in its annual income.

Annual income for home finance administration

MIPRU 4.3.7

handbook-rule

For the purposes of the calculation of the capital resources of a firm carrying on home finance administration only with all the assets it administers off balance sheet, annual income is the sum of:

  1. (1) revenue (that is, commissions, fees, net interest income, dividends, royalties and rent); and
  2. (2) gains;
  3. (3) arising in the course of the ordinary activities of the firm, less profit:
    1. (a) on the sale or termination of an operation;
    2. (b) arising from a fundamental reorganisation or restructuring having a material effect on the nature and focus of the firm's operation; and
    3. (c) on the disposal of fixed assets, including investments held in a long-term portfolio.

Annual income: periods of less than 12 months

MIPRU 4.3.8

handbook-rule
If the firm's most recent annual financial statement does not cover a 12 month period, the annual income is taken to be the amount in the statement converted, proportionally, to a 12 month period.

Annual income: no financial statements

MIPRU 4.3.9

handbook-rule
If the firm does not have annual financial statements, the annual income is to be taken from the forecast or other appropriate accounts which the firm has submitted to the appropriate regulator.

MIPRU 4.4

Calculation of capital resources

  • 01/01/2007

The calculation of a firm's capital resources

MIPRU 4.4.1

handbook-rule
  1. (1) A firm must calculate its capital resources only from the items which are eligible to contribute to a firm's capital resources from which it must deduct certain items (see MIPRU 4.4.4 R).
  2. (2) If the firm is subject to the Interim Prudential sourcebook for investment businesses, the Prudential sourcebook for Investment Firms and the EU CRR, the General Prudential sourcebook, the Prudential sourcebook for Banks, Building Societies and Investment Firms or the Credit Unions sourcebook, the capital resources are the higher of:
    1. (a) the amount calculated under (1); and
    2. (b) the financial resources calculated under those sourcebooks and regulations.

MIPRU 4.4.2

handbook-rule
Table: Items which are eligible to contribute to the capital resources of a firm

MIPRU 4.4.3

handbook-guidance
A firm should keep a record of and be ready to explain to its supervisory contacts in the appropriate regulator the reasons for any difference between the deficit reduction amount and any commitment the firm has made in any public document to provide funding in respect of a defined benefit occupational pension scheme.

MIPRU 4.4.4

handbook-rule
Table: Items which must be deducted from capital resources

Personal assets

MIPRU 4.4.5

handbook-rule

In relation to a sole trader's firm or a firm which is a partnership, the sole trader or a partner in the firm may use personal assets to meet the general solvency requirement and the general capital resource requirement, to the extent necessary to make up any shortfall in meeting those requirements, unless:

  1. (1) those assets are needed to meet other liabilities arising from:
    1. (a) personal activities; or
    2. (b) another business activity not regulated by the appropriate regulator; or
  2. (2) the firm holds client money or other client assets.

MIPRU 4.4.6

handbook-guidance
A sole trader or a partner may use any personal assets, including property, to meet the capital requirements of this chapter, but only to the extent necessary to make up a shortfall.

Subordinated loans

MIPRU 4.4.7

handbook-rule

A subordinated debt must not form part of the capital resources of the firm unless it meets the following conditions:

  1. (1) (for a firm which carries on insurance mediation activity, home finance mediation activity (or both) but not home financing or home finance administration ) it has an original maturity of:
    1. (a) at least two years; or
    2. (b) it is subject to two years' notice of repayment;
  2. (2) (for all other firms) it has an original maturity of:
    1. (a) at least five years; or
    2. (b) it is subject to five years' notice of repayment;
  3. (3) the claims of the subordinated creditors must rank behind those of all unsubordinated creditors;
  4. (4) 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;
  5. (5) the remedies available to the subordinated creditor in the event of non-payment or other default in respect of the subordinated debt must be limited to petitioning for the winding up of the firm or proving the debt and claiming in the liquidation of the firm;
  6. (6) the subordinated debt must not become due and payable before its stated final maturity date except on an event of default complying with (4);
  7. (7) the agreement and the debt are governed by the law of England and Wales, or of Scotland or of Northern Ireland;
  8. (8) to the fullest extent permitted under the rules of the relevant jurisdiction, creditors must waive their right to set off amounts they owe the firm against subordinated amounts owed to them by the firm;
  9. (9) the terms of the subordinated debt must be set out in a written agreement or instrument that contains terms that provide for the conditions set out in this rule; and
  10. (10) the debt must be unsecured and fully paid up.

MIPRU 4.4.8

handbook-rule
  1. (1) This rule applies to a firm which:
    1. (a) carries on:
      1. (i) insurance mediation activity; or
      2. (ii) home finance mediation activity (or both); and
    2. in relation to those activities, holds client money or other client assets; or
    3. (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 financing or home finance administration connected to regulated mortgage contracts.
  2. (2) In calculating its capital resources, the firm must exclude any amount by which the aggregate amount of its subordinated loans and its redeemable preference shares exceeds the amount calculated as follows:

MIPRU 4.4.9

handbook-guidance
If a firm wishes to see an example of a subordinated loan agreement which would meet the required conditions, it should refer to the Forms page.

Reversion providers: additional requirement for instalment reversions

MIPRU 4.4.10

handbook-rule
  1. (1) If the reversion provider agrees under the terms of an instalment reversion plan to pay the reversion occupier for the qualifying interest in land over a period of time, then the provider must:
    1. (a) take out and maintain adequate insurance from an insurance undertaking authorised in the EEA or a person of equivalent status in:
      1. (i) a Zone A country; or
      2. (ii) the Channel Islands, Gibraltar, Bermuda or the Isle of Man; or
    2. (b) enter into a written agreement with a credit institution;
  2. to meet these obligations in the event that the reversion provider is unable to do so.
  3. (2) This rule does not apply if:
    1. (a) the instalment reversion plan is linked to an investment and it is reasonably anticipated that the amounts due to the reversion occupier under the plan will be paid out of the proceeds of the investment to the occupier by a product provider other than the reversion provider; or
    2. (b) the reversion provider acquires its interest in the property in steps proportionate to the instalments paid.

MIPRU 4.4.11

handbook-guidance
The additional requirement for reversion providers aims to protect the reversion occupier against the insolvency of the reversion provider where the reversion occupier has agreed to receive the price for the part of the qualifying interest in land sold in instalments rather than in a lump sum. The requirement does not arise, for example, in relation to reversions linked to annuities as the reversion occupier has no credit risk on the reversion provider. Also, the requirement does not arise in relation to 'mini-reversions' (or 'staged reversions') as under these plans the reversion occupier continues to own the qualifying interest in land.

Regulated sale and rent back agreements: additional requirement

MIPRU 4.4.12

handbook-rule

If a SRB agreement provider agrees, under the terms of a regulated sale and rent back agreement, to account to the SRB agreement seller for any monetary sum, whether after a qualifying period, over a period of time, on the occurrence of a contingent event or otherwise, the provider must:

  1. (1) take out and maintain adequate insurance from an insurance undertaking authorised in the EEA or a person of equivalent status in:
    1. (a) a Zone A country; or
    2. (b) the Channel Islands, Gibraltar, Bermuda, or the Isle of Man; or
  2. (2) enter into a written agreement with a credit institution;

to meet these obligations in the event that the SRB agreement provider is unable to do so.

MIPRU 4.4.13

handbook-guidance
An example of where this additional requirement would apply would be a term of a regulated sale and rent back agreement under which the SRB agreement seller was to receive from the SRB agreement provider a refund of an agreed percentage of the discount on the sale price of the property to which the agreement relates after an agreed qualifying period.

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MIPRU 5

Insurance undertakings and home
finance providers using insurance or home finance mediation services

MIPRU 5.2

Use of intermediaries

  • 01/01/2007

MIPRU 5.2.1

handbook-rule

A firm must not use, or propose to use, the services of another person consisting of:

  1. (1) insurance mediation; or
  2. (2) insurance mediation activity; or
  3. (3) home finance mediation activity;

unless MIPRU 5.2.2 R is satisfied.

[Note: Article 3(6) of the Insurance Mediation Directive]

MIPRU 5.2.1A

handbook-guidance
The appropriate regulator regards a firm as 'using' the services of, in particular, its immediate counterparty (typically the intermediary that passed the business to the firm) and of all other persons who have been granted the right or authority directly by the firm to effect a contract of insurance or enter into a home finance transaction.

MIPRU 5.2.2

handbook-rule

For the purposes of MIPRU 5.2.1 R, the person, in relation to the activity must:

  1. (1) have permission; or
  2. (2) be an exempt person; or
  3. (3) be an exempt professional firm; or
  4. (4) be registered in another EEA State for the purposes of the Insurance Mediation Directive; or
  5. (5) in relation to insurance mediation activity, not be carrying this activity on in the EEA; or
  6. (6) in relation to home finance mediation activity, not be carrying this activity on in the United Kingdom.

[Note: Article 3(6) of the Insurance Mediation Directive]

MIPRU 5.2.3

handbook-evidential-provisions
  1. (1) A firm should:
    1. (a) before using the services of the intermediary, check:
      1. (i) the Financial Services Register; or
      2. (ii) in relation to insurance mediation carried on by an EEA firm, the register of its Home State regulator;
    2. for the status of the person; and
    3. (b) use the services of that person only if the relevant register indicates that the person is registered for that purpose.
  2. (2)
    1. (a) Checking the Financial Services Register before using the services of the intermediary and using the services of that person only if the Financial Services Register indicates that the person is registered for that purpose may be relied on as tending to establish that:
      1. (i) the person, in relation to the activity, has permission; or
      2. (ii) the person, in relation to insurance mediation activity, also is an exempt person or an authorised professional firm.
    2. (b) In relation to insurance mediation carried on by an EEA firm, checking the register of the firm's Home State regulator and using the services of the EEA firm only if the register indicates that the firm is registered for that purpose may be relied on as tending to establish that the firm is registered for the purposes of the Insurance Mediation Directive.

MIPRU 5.2.6

handbook-guidance
The Financial Services Register can be accessed through the FCA website under the link www.fsa.gov.uk/register/home.do

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Transitional Provisions and Schedules

MIPRU TP 1

Transitional Provisions

MIPRU TP 1.1

MIPRU Sch 1

Record keeping requirements

  • 01/01/2007

MIPRU Sch 1.1

handbook-guidance

MIPRU Sch 2

Notification requirements

  • 01/01/2007

MIPRU Sch 2.1

handbook-guidance

MIPRU Sch 3

Fees and other required payments

  • 01/01/2007

MIPRU Sch 3.1

handbook-guidance

MIPRU Sch 6

Rules that can be waived

  • 01/01/2007

MIPRU Sch 6.1

handbook-guidance

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