Non-Solvency II Firms – Senior Managers Regime – Applications and Notifications

1.1

Unless otherwise stated, this Part applies to a small non-directive insurer.

1.2

In this Part, the following definitions shall apply:

commencement date

has the meaning given in Non-Solvency II Firms - Senior Managers Regime - Transitional Provisions.

current approved person approval

means

1. (1) an approval granted to a person under section 59 of FSMA (Approval for particular arrangements):
1. (a) by the PRA for the performance of a PRA senior management function; or
2. (b) by the FCA for the performance of an FCA-designated senior management function or a significant influence function;
2. (2) a deemed approval given by:
1. (a) the PRA following the submission of a conversion notification; or
2. (b) by the FCA under any relevant rules in the FCA Handbook; or
3. (3) for the purposes of 2.5(2) and 2.6(1), an approval granted to that person under section 59 of FSMA by either the PRA or the FCA to perform a controlled function prior to the commencement date but which ceased (i) on or before the commencement date; and (ii) during the six-month period specified in 2.5(2) and 2.6(1), as the case may be.

regulatory body

means any authority, body or person having, or who has had, responsibility for the supervision or regulation of any regulated activities or other financial services, whether within the United Kingdom or overseas.

significant influence function

has the meaning given in the FCA Handbook.

2.1

The PRA directs that a firm must make a PRA senior management approval application in accordance with 2.2, before the activities requiring approval commence.

2.2

The PRA directs that a firm must use Form A (long form) for a PRA senior management approval application unless:

1. (1) the firm must use Form E under 2.3; or
2. (2) the firm must use Form A (shortened form) under 2.6.

2.3

The PRA directs that, subject to 2.4 and 2.5, a firm must use Form E for a PRA senior management approval application if it is being made in respect of a person who has a current approved person approval and is either:

1. (1) ceasing to perform a PRA senior management function and taking up a new PRA senior management function for the same firm or another member of its group; or
2. (2) ceasing to perform an FCA-designated senior management function or a significant influence function and taking up a PRA senior management function for the firm or another member of its group.

2.4

The PRA directs that a firm must not use Form E for a PRA senior management approval application if:

1. (A1) a notification has been or should be made to the PRA or FCA under any of the following:
   1. (a) section 63(2A) of FSMA (Duty to notify regulator of grounds for withdrawal of approval);
   2. (b) section 64C of FSMA (Requirement for authorised person to notify regulator of disciplinary action);
2. (1) a notification has been made or should be made to the PRA under any of the rules in Notifications 11 or to the FCA under any equivalent provisions of the FCA Handbook;
3. (2) any of the circumstances in 4.2(2)(a) to (d) apply in relation to:
1. (a) any controlled function that that person is ceasing to perform; or
2. (b) any controlled function that that person is continuing to perform in relation to that firm or a firm in the same group.

2.5

The PRA directs that a firm must not use Form E if the person to whom the PRA senior management approval application relates:

1. (1) has never before been approved:
1. (a) by the PRA to perform a controlled function; or
2. (b) by the FCA to perform an FCA-designated senior management function or a significant influence function for any firm;
2. or
3. (2) has not been the subject of a current approved person approval in relation to any firm for more than six months prior to the date of application.

2.6

1. (1) The PRA directs that a firm must use Form A (shortened form) for a PRA senior management approval application if:
1. (a) the person to whom the application relates:
1. (i) has at the time of application a current approved person approval; or
2. (ii) has had a current approved person approval within the previous six months; and
2. (b) there have been no matters arising in relation to the fitness and propriety of the person to whom the PRA senior management approval application relates which mean that the information provided to the FCA or PRA regarding fitness and propriety in connection with a current approved person approval may have changed since the application for the current approved person approval was made.
2. (2) A firm must not use Form A (shortened form) if the circumstances set out in 2.3 apply.

2.7

The PRA directs that the form submitted for a PRA senior management approval application must be accompanied by a statement of responsibilities form.

3.1

The PRA directs that a firm withdrawing an outstanding PRA senior management approval application must do so using Form B.

4.1

1. (1) A firm must notify the PRA no later than seven business days after a person ceases to perform a PRA senior management function, using:
1. (a) Form E if a person ceases to perform a PRA senior management function and the firm is also making an application for the same person to perform a new PRA senior management function; and
2. (b) in all other cases, Form C.

4.2

1. (1) A firm must notify the PRA as soon as practicable after it becomes aware, or has information which reasonably suggests, that it will submit a qualified Form C in respect of a PRA senior management function holder.
2. (2) Form C is qualified if the information it contains:
1. (a) relates to the fact that the firm has dismissed, or suspended, the PRA senior management function holder from its employment;
2. (b) relates to the resignation by the PRA senior management function holder while under investigation by the firm, the PRA or any other regulatory body;
3. (c) includes a notification under any of the provisions set out in 2.4(A1) or (1); or
4. (d) otherwise reasonably suggests that it may affect the PRA’s assessment of the PRA senior management function holder’s fitness and propriety.

4A.1

The PRA directs that a firm making an application to the PRA under section 63ZA of FSMA (for the variation of a conditional approval) must do so by submitting:

1. (1) Form I; and
2. (2) a statement of responsibilities form for the PRA approved person concerned.

4A.2

A firm withdrawing an application made under section 63ZA of FSMA (Variation of senior manager’s approval at request of relevant authorised person) must do so using Form B.

5.1

If a PRA senior management function holder's title, name or national insurance number changes, the firm for which the person performs a PRA senior management function must notify the PRA of that change within seven business days of the firm becoming aware of the matter, using Form D.

5.2

If, in relation to a firm which has submitted an application on either Form A (long or shortened form) or Form E, as required by 2.2, any of the details relating to PRA senior management functions are to change, the firm must notify the PRA using Form D as soon as reasonably practicable after the firm becomes aware of the proposed change.

5.3

If a PRA senior management function holder ceases to perform a PRA senior management function for a firm but continues to perform one or more PRA senior management functions for the same firm, the firm must submit a revised statement of responsibilities form for the remaining PRA senior management function(s), along with Form J.

6.1

The PRA directs that, save as required by 6.2, a firm must make any applications, notifications or submissions required by this Part by submitting the form specified using the ONA system.

6.2

If, under any direction or rule in this Part:

1. (1) a firm is required to make an application, notification or submission online; and
2. (2) the information technology systems used by the PRA fail and online submission is unavailable for 24 hours or more,

until such time as facilities for online submission are restored, a firm must submit the specified form in the way set out in Notifications 7.

6.3

1. (1) The PRA directs that, if a firm is required to submit a revised statement of responsibilities under section 62A of FSMA, it must do so by submitting Form J with the revised statement of statement of responsibilities.
2. (2) A firm must not use Form J where the revisions are to be made as part of arrangements involving an application:
1. (a) for approval for the person performing the PRA senior management function concerned to perform another PRA senior management function or FCA-designated senior management function for the same firm; or
2. (b) to vary under section 63ZA of FSMA an approval for the person performing the PRA senior management function concerned to perform another PRA senior management function or FCA-designated senior management function for the same firm.

7.1

1. (1) Form A (long form) may be found here.
2. (2) Form A (shortened form) may be found here.
3. (3) Form B may be found here.
4. (4) Form C may be found here.
5. (5) Form D may be found here.
6. (6) Form E may be found here.
7. (7) The statement of responsibilities form may be found here.