Transitional Provisions and Schedules

Part

SUP Supervision manual

Chapter

Transitional Provisions and Schedules

Printed on: 06/11/2024

Rulebook at: 30/04/2011

Transitional Provisions and Schedules

SUP Sch 1

Record keeping requirements

31/12/2004

SUP Sch 1.1

The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record keeping requirements.

It is not a complete statement of those requirements and should not be relied on as if it were.

01/12/2004

SUP Sch 1.2

Handbook reference

Subject of record

Contents of record

When record must be made

Retention period

SUP 4.3.17 R (3)

Data for actuary (or actuaries appointed under SUP 4 (Actuaries)

Such data as the actuary (or actuaries) appointed under SUP 4 (Actuaries) reasonably require

Not specified

SUP 12.9.1 R, SUP 12.9.2 R,

Appointed representatives

(1) Appointed representative's name

On appointment, amendment of contract or termination of contract

3 years from termination or amendment of the contract, other than in respect of tied agents when period is five years.

SUP 12.9.5 R

EEA tied agents

If a UK MiFID investment firm appoints an EEA tied agent the record keeping requirements in SUP 12.9 applies to that firm as though the EEA tied agent were an appointed representative.

(2) Copy of the original contract with the appointed representative and any subsequent amendments to it (including details of any restrictions placed on the activities which the appointed representative may carry on)

(3) Date and reason for terminating or amending the contract

(4) arrangements agreed with other principals under SUP 12.4.5B R

SUP 13.11

UK firm exercising EEA right

(a) the services or activities it carries on from a branch in, or provide cross border services into, another EEA State under that EEA right; and the requisite details or relevant details relating to those services or activities (if applicable)

Not specified

Three years from the earlier of the date on which:(a) it was superseded by a more up-to-date record; or

(a) the UK firm ceased to have a branch in, or carry cross border services into, any EEA State under an EEA right

SUP 13.11.1 R

Exercise of passport rights by UK firms

(1) Services or activities carried on from a branch in, or providedcross-border into, another EEA State under an EEA right

Not specified

Five years (for firms passporting under MiFID) or three years (for other firms) from earlier of:(1) record being superseded;

(2) The details relating to those services or activities (as set out in SUP 13.6 and SUP 13.7).

(2) firm ceasing to have any EEA branches or cross- border services.

SUP 16.8.23 R

Persistency reports and data reports

Records to enable the firm to monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives and make the required reports to the FSA .

Not specified

01/11/2007

SUP Sch 2

Notification requirements

01/12/2004

SUP Sch 2.1

The aim of the guidance in the following table is to give the reader a quick overall view of the relevant requirements for notification and reporting.

It is not a complete statement of those requirements and should not be relied on as if it were.

01/01/2005

SUP Sch 2.2

Handbook reference

Matter to be notified

Contents of notification

Trigger event

Time allowed

SUP 3.3.2 R (2)

Vacancy in the office of auditor.

The fact of the vacancy and the reason for it.

Vacancy in the office of auditor will arise or has arisen.

Without delay.

SUP 3.3.2 R (5)

Appointment of auditor.

The fact of the appointment, name and business address of the auditor and the date the appointment takes effect.

Appointment of auditor.

Not specified.

SUP 3.3.5 R

Vacancy in the office of auditor to a Lloyd's underwriting agent or the auditor of the insurance business of a Lloyd's syndicate.

The fact of the vacancy and the reason for it

Vacancy in the office of auditor will arise or has arisen.

Without delay.

Appointment of auditor by Lloyd's underwriting agent.

The fact of the appointment, name and business address of the auditor and the date the appointment takes effect.

Appointment of auditor.

Not specified.

SUP 3.5.3 R

Auditor not independent of the firm.

The fact of the lack of independence.

Firm aware that its auditor not independent of the firm.

A reasonable time.

SUP 3.7.2 G (1)

Expectation that auditor will qualify his report on the audited annual financial statements or add an explanatory paragraph.

Fact of expectation.

Firm decides qualification or explanatory paragraph is probable and the matter justifies notifying the FSA.

Not specified.

SUP 3.7.2 G (2)

The firm receives a written communication from its auditor commenting on internal controls.

Content of written communication.

Firm receives written communication and decides that it is appropriate that the FSA should be informed.

Not specified.

SUP 3.8.10 G

Matters requiring reporting under sections 342(5) and 343(5) of the Act.

Information on or the auditor's opinion on the matters which have caused the auditor to believe the circumstances set out in Statutory Instrument 2001 No. 2587 apply.

Auditor believes that the circumstances set out in Statutory Instrument 2001 No.2587 paragraph 2 apply.

Not specified.

SUP 3.8.11 R

Auditor: termination of office.

The fact of the termination.

Auditor removed from office by the firm, resigns before his term of office expires or is not re-appointed by the firm.

Without delay.

SUP 3.8.12 R

Auditor: termination of office.

Any matter connected with ceasing which he thinks ought to be drawn to the FSA's attention; or the fact that there is no such matter.

Auditor ceasing to be (or being formally notified that he will cease to be) auditor of the firm.

Without delay.

SUP 3.10

Auditor: client assets.

Either: (1)
Whether firm has: maintained systems to comply with CASS (client assets), is in compliance with the client asset rules at the report date, and nominee company records are adequate; or
(2) if the firm claims not to hold client money or custody assets whether anything has come to the auditor's attention that causes him to believe that they were held.

Report period must end no more than 53 weeks after previous report.

A reasonable time

SUP 3.10.8 R

Failure by auditor to report under SUP 3.10.4 R.

Auditor to report the failure and the reasons why it has been unable to meet the requirements of SUP 3.10.7 R.

Failure by the auditor to deliver a report under SUP 3.10.4 R to the FSA so as to be received within four months of the end of each period covered by the report.

Not specified.

SUP 4.3.1 R (2)

Vacancy in the office of actuary.

The fact of the vacancy and the reason for it.

Vacancy in the office of actuary will arise or has arisen.

Without delay.

SUP 4.3.1 R (3) and SUP 4.3.2 G

Appointment of actuary .

Matters specified in SUP 10 (because the actuarial function and the with-profits actuary function are specified as controlled functions).

Appointment of actuary.

Before appointment.

SUP 4.5.9 R

Actuary: termination of office.

The fact of the termination.

Actuary removed from office by the firm, resigns before his term of office expires or is not re-appointed by the firm.

Without delay.

SUP 4.5.10 R

Actuary: ceasing to hold office.

Any matter connected with ceasing which he thinks ought to be drawn to the FSA's attention; or the fact that there is no such matter.

Actuary ceasing to be (or being formally notified that he will cease to be) actuary of the firm.

Without delay.

SUP 4.5.11 G

Actuary: ceasing to hold office.

Matters specified in SUP 10.13.6 R and SUP 10.13.7 R (because the actuarial function and the with-profits actuary function are specified as controlled functions)..

Actuary ceasing to hold office.

Seven business days; or, if approved persons Form C is qualified, as soon as reasonably practicable.

SUP 4.6.1 R

Vacancy in the office of Lloyd's actuary will arise or has arisen.

Fact of the vacancy and the reason for the vacancy.

The Society of Lloyd's becomes aware that a vacancy will arise or has arisen.

Without delay.

SUP 4.6.17 R

Syndicate actuary of a general insurance business syndicate will or may be unable to produce an unqualified opinion under SUP 4.6.16 R.

Fact that the syndicate actuary will or may be unable to produce an unqualified opinion (to be notified by the managing agent to the FSA).

The managing agent becomes aware that the syndicate actuary will or may be unable to produce an unqualified opinion.

Notification to be made promptly.

SUP 5.4.12 G

Delay in producing a skilled person report.

Skilled person: inform the FSA and the person in SUP 5.2.1 G that the report may not be delivered on time.

The skilled person becomes aware that the report may not be delivered on time.

As soon as possible.

SUP 5.5.1 R

Matters which the skilled person is required and permitted to report to the FSA.

As set out in SUP 5.5.1 R.

Skilled person becomes aware of reportable matter.

Not specified.

SUP 5.5.8 G

Cost of skilled person report.

As set out in SUP 5.5.8 G.

On request.

Not specified.

SUP 6.2.6 G

Firm seeking to vary its Part IV permission substantially or cancel its Part IV permission.

The fact of seeking such applications to initiate discussion.

Firm seeking to vary its Part IV permission substantially or cancel its Part IV permission.

As early as possible before making the application.

SUP 6.2.7 G

Firm intending to cease carrying on one or more regulated activities permanently.

The fact of intending to cease carrying on one or more regulated activities permanently.

Firm intending to cease carrying on one or more regulated activities permanently.

Prompt notice.

SUP 6.2.10 G

Firm winding down (running off) its activities.

The fact of winding down (running off) its activities.

Firm winding down (running off) its activities.

Before making an application for variation of or cancellation of Part IV permission.

SUP 6.3.15 D

Variation of permission.

The desired variation and the regulated activity or regulated activities which the firm proposes to carry on. The FSA will advise the firm of any additional information required (see SUP 6.3.15 D to SUP 6.3.27 G).

Firm wishes to vary its Part IV permission.

Before variation is required; the FSA has six months to consider a completed application.

SUP 6.3.15 D (3)

Variation of permission- any significant change in information provided.

Any significant change in the information given in the application.

Until the application has been determined, a change in information provided on the application for variation of Part IV permission.

Immediately.

SUP 6.4.5 D

Cancellation of Part IV permission.

Reasons for the application, the date on which the firm has ceased, or expects to cease, to carry on regulated activities and an explanation of the full circumstances of its application.

Firm wishes to cancel its Part IV permission.

Before cancellation is required; the FSA has six months to consider a completed application. See SUP 6.4.3 G.

The FSA will advise the firm of any additional information required (see SUP 6.4.8 G to SUP 6.4.17 G).

SUP 6.4.5 D (4)

Cancellation of Part IV permission- any significant change in information provided.

Any significant change in the information given in the application.

Until the application has been determined, a change in information provided on the application for a cancellation of Part IV permission.

Immediately.

SUP 8.3.3 D

Application for a waiver.

The form in SUP 8 Annex 2(Application form for a waiver or modification).

Firm seeks a waiver.

Before the waiver is required; the FSA will aim to give a waiver decision within 20 business days of receiving the application.

SUP 8.5.1 R

Waiver: altered circumstances.

The matter that affects the continuing relevance or appropriateness of the application or waiver.

Firm that has applied for or has been granted a waiver becoming aware of any matter which could affect the continuing relevance or appropriateness of the application or waiver.

Immediately.

SUP 9.2.6 G

Guidance request.

Sufficient information to enable the FSA to properly evaluate the situation and respond. In particular, identification of the rule, general guidance or other matter on which the individual guidance is sought and a description of the circumstances relating to the request.

A firm seeks individual guidance.

Before individual guidance required (the FSA will aim to respond quickly and fully to reasonable request).

SUP 10.12.2 D

Approved persons- application.

Approved persons the relevant Form A Application to perform controlled functions under the approved persons regime (see SUP 10 Annex 4).

Firm wishes to appoint a person to a controlled function.

Before appointment takes effect (the FSA has three months to consider a properly completed application but will deal with cases more quickly whenever circumstances allow).

SUP 10.12.13 R

Approved persons- withdrawal of an application.

Approved persons Form B Notice to withdraw an application to perform controlled functions under the approved persons regime (see SUP 10 Annex 5).

Firm wishes to withdraw an application for approved person status.

Not specified.

SUP 10.13.1 G

Approved persons- moving within a firm.

Approved persons Form E Internal transfer of an approved person (see SUP 10 Annex 8).

An approved person is both ceasing to perform one or more controlled functions and needs to be approved in relation to one or more new controlled functions within the same firm.

Before appointment takes effect (the FSA has three months to consider a properly completed application but will deal with cases more quickly whenever circumstances allow).

SUP 10.13.6 R

Approved persons- ceasing to perform a controlled function.

Approved persons Form C Notice of ceasing to perform controlled functions (see SUP 10 Annex 6).

An approved person ceasing to perform a controlled function.

Seven business days after an approved person ceases to perform a controlled function.

SUP 10.13.7 R

Approved persons- ceasing to perform a controlled function- qualified withdrawal.

The fact of the qualified withdrawal.

An approved person ceasing to perform a controlled function and the firm becoming aware, or has information which reasonably suggests, that it will submit a qualified Form C in respect of that approved person(qualified defined in SUP 10.13.7 R (2): approved person dismissed; approved person under investigation; approved person's fitness and propriety affected).

As soon as practicable (guidance in SUP 10.13.8 Gstates, where possible, within one business day).

SUP 10.13.14 R

Approved persons- change to personal details - title, name or national insurance number.

Approved persons Form D Notification of changes in personal information or application details (see SUP 10 Annex 7).

An approved person's title, name or national insurance number changes.

Seven business days of the firm becoming aware.

SUP 10.13.16 R

Approved persons- change to personal details - information reasonably material to fitness and propriety.

Approved persons Form D Notification of changes in personal information or application details (see SUP 10 Annex 7).

Firm becomes aware of information which would reasonably be material to the assessment of an approved person's, or a candidate's, fitness and propriety.

As soon as practicable.

SUP 11.3.7 D

Controllers - person proposing to acquire or increase control- notification from controller or proposed controller.

If the controller or proposed controller is an authorised person: those sections of Controllers Form A which deal with details of the proposed change in control, joint notifications and supplementary information (see SUP 11 Annex 4D)
If the controller or proposed controller is an authorised person and a fund manager which satisfies SUP 11.3.5 G: notification in accordance with SUP 11.3.5 G.

Proposing to take a step which would result in acquiring the specified control.

Before acquiring control (the FSA has up to three months to consider whether to approve control).

In other cases: all of Controllers Form A (see SUP 11 Annex 4) and one or more of Controllers Form B (see SUP 11 Annex 5) for relevant individuals (see SUP 11.3.8 D).

SUP 11.3.10 D

Controllers- correction to previously submitted information by controller.

Details of the information which may be false, misleading, incomplete or inaccurate, or has or may have changed.

A person who submitted a notification under SUP 11.3.7 D becoming aware, or has information which reasonably suggests, that he has or may have provided the FSA with information which was or may have been false, misleading, incomplete or inaccurate or has or may have changed, in a material particular.

Immediately.

SUP 11.3.15 G

Controllers- proposing to reduce control- notification from controller.

Extent of control (if any) which the controller will have following the change in control
If the controller is a fund manager which satisfies SUP 11.3.5 G: notification in accordance with SUP 11.3.5 G.

Reduction in control.

Before reducing control.

SUP 11.3.16 G

Controllers- change in control occurs - notification from controller.

Date relevant change of control occurred. If a person has reduced control, details of the extent of control retained (if any).

Change in control has occurred.

Not specified.

SUP 11.4.2 R

Controllers- proposed change of control- notification from a UK domestic firm.

When acquiring or increasing control:
(1) the name of the firm;
(2) the name of the controller or proposed controller and, if it is a body corporate and is not an authorised person, the names of its directors and its controllers;
(3) a description of the proposed event including the shareholding and voting power of the person concerned, both before and after the proposed event; and
(4) any other information of which the FSA would reasonably expect notice, including information which could have a material impact on any of the approval requirements in section 186(2) of the Act and any relevant supporting documentation.
The notification need only contain as much of the information the firm is able to provide, having made reasonable enquiries from persons and other sources as appropriate.
When reducing control:
(1) the name of the controller; and
(2) details of the extent of control (if any) which the controller will have following the change in control.

(1) a person acquiring control or ceasing to have control;
(2) an existing controller acquiring an additional kind of control or ceasing to have a kind of control;
(3) an existing controller increasing or decreasing a kind of control which he already has so that the percentage of shares or voting power concerned becomes or ceases to be equal to or greater than 20, 33 or 50
(4) an existing controller becoming or ceasing to be a parent undertaking.

As soon as the firm becomes aware that a person is proposing to take a step that would result in the event concerned; or if the event takes place without the knowledge of the firm, within 14 days of the firm becoming aware of the event concerned.

SUP 11.4.2A R

Controllers - proposed change of control notification from a UK insurance intermediary.

When acquiring control:
(1) the name of the firm;
(2) the name of the controller or proposed controller and, if it is a body corporate and is not an authorised person, the names of its directors and its controllers;
(3) a description of the proposed event including the shareholding and voting power of the person concerned, both before and after the proposed event; and
(4) any other information of which the FSA would reasonably expect notice, including information which could have a material impact on any of the approval requirements in section 186(2) of the Act and any relevant supporting documentation.
The notification need only contain as much of the information the firm is able to provide, having made reasonable enquiries from persons and other sources as appropriate.
When reducing control:
(1) name of the controller; and
(2) details of the extent of control (if any) which the controller will have following the change in control.

(1) a person acquiring control or ceasing to have control;
(2) a person becoming or ceasing to be a parent undertaking.

As soon as the firm becomes aware that a person is proposing to take such a step that would result in the event concerned; or if the event takes place without the knowledge of the firm, 14 days of the firm becoming aware of the event concerned.

SUP 11.4.4 R

Controllers- proposed change of control- notification from an overseas firm.

When acquiring or increasing control:(1) the name of the firm;
(2) the name of the controller or proposed controller and, if it is a body corporate and is not an authorised person the names of its directors and its controllers;
(3) a description of the proposed event including the shareholding and voting power of the person concerned, both before and after the proposed event; and
(4) any other information of which the FSA would reasonably expect notice, including information which could have a material impact on any of the approval requirements in section 186(2) of the Act and any relevant supporting documentation.
The notification need only contain as much of the information the firm is able to provide, having made reasonable enquiries from firm and other sources as appropriate.
When reducing control:
(1) the name of the controller; details of the extent of control (if any) which the controller will have following the change in control.

(1) a person acquiring control or ceasing to have control;
(2) an existing controller becoming or ceasing to be a parent undertaking.

SUP 11.4.8 G

Controllers- notification under Principle 11 by firms.

Proposed change of control.

Any prospective changes of which the firm is aware, in controllers' or proposed controllers' shareholdings or voting power (if the change is material).

The earliest opportunity and before the formal notifications . As a minimum, the FSA considers such discussions should take place before a person:
(1) enters into any formal agreement in respect of the purchase of shares or a proposed acquisition or merger which would result in a change in control (whether or not the agreement is conditional upon any matter, including the FSA's approval) or
(2) purchases any share options, warrants or other financial instruments, the exercise of which would result in the person acquiring control or any other changes in control.

SUP 11.6.2 R to SUP 11.6.5 R

Controllers- change in information provided by a UK domestic firm.

(1) Details of the information which is or may be false, misleading, incomplete or inaccurate, or has or may have changed
(2) An explanation why such information was or may have been provided; and
(3) The correct information.

After submitting a notification under SUP 11.4.2 Ror SUP 11.4.2A R and until the change in control occurs, the firm becomes aware, or has information that reasonably suggests, that information provided by the controller or proposed controller is false, misleading, incomplete or inaccurate, or has or may have changed in a material particular.

Immediately.

SUP 11.6.4 R

Controllers- change in notification has taken place - notification by firm.

The fact that the change in control has taken place or that there are grounds for reasonably believing that the event will not now take place.

A change in control previously notified under SUP 11.4.2 R, SUP 11.4.2A R, SUP 11.4.4 Ror taking place; or the firm having grounds for reasonably believing that the event will not now take place.

14 days of the change in control or having grounds for reasonably believing that the event will not now take place.

SUP 11.8.1 R

Controllers- changes in the circumstances of existing controllers.

The fact of:
(1) a controller, or any entity subject to his control, being the subject of any legal action or investigation which might put into question the integrity of the controller;

The firm becoming aware of:
(1) a controller, or any entity subject to his control, is or has been the subject of any legal action or investigation which might put into question the integrity of the controller;

Immediately.

(2) a significant deterioration in the financial position of a controller;

(3) a corporate controller undergoing a substantial change or series of changes in its governing body;

(4) a controller, who is authorised in another EEA State as an MiFID investment firm or BCD credit institution or under the Insurance Directives or the Insurance Mediation Directive, ceasing to be so authorised (registered in the case of an IMD insurance intermediary).

SUP 11.9.1 R

Close links.

(a) the name of the person;
(b) the nature of the close links;
(c) if the close link is with a body corporate, its country of incorporation, address and registered number;
(d) if the close link is with an individual, his date and place of birth; and
(e) group organisation chart (required only quarterly if the firm has elected to report monthly).

The firm becoming aware that it has become or ceased to be closely linked with any person.

As soon as reasonably practicable and no later than one month after the firm becomes aware that it has become or ceased to be closely linked or if the firm has elected to report monthly, within 15 business days of the end of each month (see SUP 11.9.4 R).

SUP 12.7.1 R

Appointed representatives.

The notification should give details of the appointed representative and the regulated activities which the firm is, or intends to, carry on through the appointed representative, including:
(1) the name of the firm's new appointed representative (if the appointed representative is a body corporate, this is its registered name)
(2) any trading name under which the firm's new appointed representative carries on a regulated activity in that capacity;
(3) a description of the regulated activities which the appointed representative is permitted or required to carry on and for which the firm has accepted responsibility.

A firm appointing an appointed representative.

(1) (if the appointment covers insurance mediation activities and the appointed representative is not included on the Register as carrying on such activities in another capacity) before; or
(2) if the firm appoints a tied agent and the tied agent is not included in the Register (see SUP 12.4.11 R), before; or
(3) (otherwise) ten business days after;
the appointed representative begins to carry on regulated activities under the contract.

SUP 12.7.7 R (1)

Appointed representative - extension of scope of appointment to cover insurance mediation activities for the first time.

That fact.

Extension of scope of appointment to cover insurance mediation activities for the first time and the appointed representative is not included on the Register as carrying on insurance mediation activities in another capacity.

Before the appointed representative begins to carry on insurance mediation activities under the contract.

SUP 12.7.7 R (1A)

Appointed representatives - commencing as tied agent.

That fact.

Change of scope of tied agent's appointment.

Notification must be made prior to tied agent acting.

SUP 12.7.7 R (2)

Appointed representatives- change in other information.

The information that has changed.

A change being made to other information provided under SUP 12.7.1 R or the firm becoming aware of the change.

Ten business days of a change being made, or if later, as soon as it becomes aware of the change.

SUP 12.7.8 R

Appointed representatives- belief that appointment conditions not met.

The fact that the firm has reasonable grounds for believing that the appointment conditions are not being met; and:
(a) the steps the firm proposes to take to rectify the matter; and
(b) the date of the termination of the contract with the appointed representative.

The firm having reasonable grounds for believing that the conditions in SUP 12.4.2 R, SUP 12.4.6 R or SUP 12.4.8A R are not being satisfied.
The SUP 12.4.2 R conditions are that:

As soon as the firm has reasonable grounds for believing that the approval conditions have not been met.

(1) the appointment does not prevent the firm from satisfying and continuing to satisfy the threshold conditions;

(2) the threshold conditions representative: (a) is solvent;
(b) is suitable to act for the firm in that capacity;
(c) has no close links which would be likely to prevent the effective supervision of the appointed representative by the firm; and

(3) the firm has adequate:
(a) controls over the appointed representative's regulated activities for which the firm has responsibility (see SYSC 3.1); and
(b) resources to monitor and enforce compliance by the appointed representative with the relevant requirements applying to the regulated activities for which the firm is responsible and with which the appointed representative is required to comply under its contract with the firm (see SUP 12.5.3 G (2)).

The SUP 12.4.6 Rconditions are that: On a continuing basis the firm must take reasonable care to ensure that the appointed representative is suitable to act for the firm in that capacity (having regard, in particular, to other persons connected with the appointed representative who will be, or who are, directly responsible for its activities).

SUP 12.7.9 R

EEA tied agents.

If a UK MiFID investment firm appoints an EEA tied agent the notification requirements in SUP 12.7 apply to that firm as though the EEA tied agent were an appointed representative.

SUP 12.8.6 R

EEA tied agents.

If a UK MiFID investment firm appoints an EEA tied agent the notification requirements in SUP 12.8 apply to that firm as though the EEA tied agent were an appointed representative.

SUP 12.8.1 R

Appointed representatives- termination of appointment.

(1) Written notice of the notification by the firm or the appointed representative
(2) The reason for the termination or amendment, if the termination or amendment is due to misconduct or the appointed representative is resigning while under investigation by the firm, the FSA, another regulator, a clearing house, an exchange, a designated professional body, or a government body or agency
(3) If relevant, details of action taken by the firm and, if applicable, its outcome.

Either the firm or the appointed representative notifying the other that it proposes to terminate the contract of appointment or to amend it so that it no longer meets the requirements contained in or referred to in SUP 12.5.

Ten business days after the date of the decision to terminate or so amend the contract or, if later, as soon as the firm becomes aware that the contract is to be or has been terminated or amended.

SUP 12.8.1 R

Appointed representatives- termination of appointment.

(1) Written notice of the notification by the firm or theappointed representative
(2) The reason for the termination or amendment, if the termination or amendment is due to misconduct or the appointed representative is resigning while under investigation by the firm, the FSA, another regulator, a clearing house, an exchange, a designated professional body, or a government body or agency
(3) If relevant, details of action taken by the firm and, if applicable, its outcome.

Ten business days after the date of the decision to terminate or so amend the contract or, if later, as soon as the firm becomes aware that the contract is to be or has been terminated or amended.

SUP 12.8.4 G

Appointed representatives- termination of appointment -approved persons.

Approved persons Form C Notice of ceasing to perform controlled functions (see SUP 10 Annex 6).

An approved person ceasing to perform a controlled function under an arrangement entered into by a firm or its appointed representative.

Seven business days after an approved person ceases to perform a controlled function.

SUP 12.8.4 G

Appointed representatives- termination of appointment -approved persons (qualified withdrawal).

The fact of the qualified withdrawal.

An approved person ceasing to perform a controlled function under an arrangement entered into by a firm or its appointed representative and the firm becoming aware, or has information which reasonably suggest, that it will submit a qualified Form C in respect of that approved person
(qualified defined in SUP 10.13.7 R (2); approved person dismissed, approved person under investigation, approved person's fitness and propriety affected).

As soon as practicable guidance (in SUP 10.13.8 Gstates, where possible, within one business day).

SUP 13.3.2 G (1)

Intention to establish a branch in another EEA State.

(a) activities which it seeks to carry on through branch (b) other information as specified in SUP 13.5.1 R.

Decision to establish a branch in other EEA State.

Before establishing a branch.

SUP 13.4.2 G (1)

Intention to provide cross border services into another EEA State.

(a) identifies activities which it seeks to carry on by way of provision of cross border services
(b) other information as specified in SUP 13.5.2 R.

Decision to provide cross border services into another EEA State.

Before providing cross border services.

SUP 13.5.1A R

UK pure reinsurer establishing a branch in another EEA State.

(a) the address of the branch
(b) the name of the firm's authorised agent
(c) whether the firm will be, or is, carrying on life or non-life reinsurance business, or both
(d) confirmation that the firm fulfils the solvency requirements of the Reinsurance Directive.

Decision to establish a branch in other EEA State.

Whenever possible, as soon as the information specified in SUP 13 Annex 1 R is known by the firm.

SUP 13.6.5 G (1)

Changes to branches (Firms passporting under the UCITS Directive and Banking Consolidation Directive).

Details of proposed change.

Change in circumstances within control of UK firm.

Before making change.

SUP 13.6.5B G

Changes to branches (Firms passporting under MiFID).

Details of proposed change.

Change in circumstances, including using for the first time or ceasing to use a tied agent established in the EEA State in which the branch is established.

Before making change.

SUP 13.6.7 G (1)

Changes to relevant EEA details of branches (Firms passporting under the Insurance Directives).

Details of proposed change.

Change in circumstances within control of UK firm.

Before making change.

SUP 13.6.8 G

Changes to relevant UK details of branches (Firms passporting under the Insurance Directives).

Details of proposed change.

Change arising from circumstances within control of UK firm.

At least one month before change is effected.

SUP 13.6.10 G

Changes to branches(not firms passporting under MiFID).

Details of change.

Changes to branch arising from circumstances beyond control of a UK firm.

As soon as reasonably practicable.

SUP 13.7.3 G

Firms passporting under the UCITS Directive: Change in program of operations, or activities to be carried on under its EEA right.

Details of proposed change.

Change in programme of operations, or activities to be carried on under its EEA right.

(a) change arises from circumstances within control of firm: before making change.
(b) change arises from circumstances beyond UK firm's control: as soon as practicable (whether before or after change).

SUP 13.7.3B G

Firms passporting under MiFID (cross-border services): Change in program of operations, or activities to be carried on under its EEA right.

Details of proposed change.

Change in activities to be carried on, using for the first time or ceasing to use a tied agent.

Before making change.

SUP 13.7.4 G

Firms passporting under Insurance Directive (providing cross border services) - change in relevant details.

Details of proposed change.

Change in relevant details.

(a) change arises from circumstances within control of firm: at least one month before proposed change
(b) change arises from circumstances beyond UK firm's control: as soon as reasonably practicable.

SUP 13A.3.6 G - SUP 13A.3.8 G

Intention of incoming Treaty firm to carry on a regulated activity in the United Kingdom.

Matters relevant to the notice as indicated in SUP 13A.3.6 G.

Intention to carry on a regulated activity.

At least seven days in advance.

SUP 14.2.3 G

Change to branch details in circumstances within control of the firm (firms passporting under the UCITS Directive and Banking Consolidation Directive).

Details of proposed change.

Change to branch details.

Before making the change.

SUP 14.2.6 G

Change to branch details in circumstances within control of the firm (firms passporting under the Insurance Directives).

Details of proposed change.

Change to branch details.

Before making the change.

SUP 14.2.8 G

Changes to branch details arising from circumstances beyond control of incoming EEA firm.

Change to branch details.

Details of the change.

As soon as reasonably practicable.

SUP 14.2.11 G

Changes to UK branch details for EEA MiFID investment firms.

Details of proposed change.

Changes to branch details.

Before making the change.

SUP 14.3.3 G

Changes to cross border services (firms passporting under the UCITS Directive).

Details of proposed change.

Changes to cross border services.

(a) change arises from circumstances within control of firm: before making change
(b) change arises from circumstances beyond UK firm's control: as soon as reasonably practicable.

SUP 14.3.3A G

Incoming EEA firm passporting under MiFID.

Details of the proposed change to cross-border services.

Change in details.

Before the change.

SUP 14.6.3 G

Incoming EEA firm - cancelling qualification for authorisation.

Incoming firm ceased, or intends to cease, to carry on regulated activity in the United Kingdom.

SUP 15.3.1 R

Notifications - matters having a serious regulatory impact.

The fact of any of the trigger events occurring.

Becoming aware or having information which reasonably suggests, that any of the following has occurred, may have occurred or may occur in the foreseeable future:

Immediately.

(1) the firm failing to satisfy one or more of the threshold conditions;

(2) any matter which could have a significant adverse impact on the firm's reputation;

(3) any matter which could affect the firm's ability to continue to provide adequate services to its customers and which could result in serious detriment to a customer of the firm; or

(4) any matter in respect of the firm which could result in serious financial consequences to the UK financial system or to other firms.

SUP 15.3.7 G and SUP 15.3.8 G

Notifications - anything relating to the firm of which the FSA would expect notice.

The matters specified in 'trigger events' which must be disclosed appropriately.

A firm must deal with its regulators in an open and co-operative way, and must disclose to the FSA appropriately anything relating to the firm of which the FSA would reasonably expect notice. (Principle 11 and SUP 15.3.7 G ) Compliance with Principle 11 includes, but is not limited to, giving the FSA notice of:

A firm should have regard to the urgency and significance of a matter. (SUP 15.7.2 G ) The period of notice will depend on the event, although the FSA expects a firm to discuss relevant matters with it at an early stage, before making any internal or external commitments. (SUP 15.3.9 G).

(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's group, or a new branch (whether in the UK or overseas); or
(b) commencing the provision of cross border services into a new territory;
(c) commencing the provision of a new type of product or service (whether in the UK or overseas);
(d) ceasing to undertake a regulated activity or ancillary activity, or significantly reducing the scope of such activities;
or
(e) entering into, or significantly changing, a material outsourcing arrangement; or
(f) a substantial change or a series of changes in the governing body of an overseas firm (other than an incoming firm); or
(g) any change to the firm's prudential category or sub-category, as used in the Interim Prudential sourcebooks and the Supervision manual and on which guidance is given in SUP App 1;

(2) any significant failure in the firm's systems or controls, including those reported to the firm by the firm's auditor;

(3) any action which a firm proposes to take which would result in a material change in its capital adequacy or solvency, including, but not limited to:

(a) any action which would result in a material change in the firm's financial resources or financial resources requirement; or

(b) a material change resulting from the payment of a special or unusual dividend or the repayment of share capital or a subordinated loan; or

(c) for firms which are subject to the rules on consolidated financial supervision, any proposal under which another group company may be considering such an action; or

(d) significant trading or non-trading losses (whether recognised or unrecognised).

SUP 15.3.11 R

Notifications - breaches of rules and other requirements in or under the Act.

(1) information about any circumstances relevant to the breach or offence;
(2) identification of the rule or requirement or offence; and
(3) information about any steps which a firm or other person has taken or intends to take to rectify or remedy the breach or prevent any future potential occurrence.

Becoming aware, or having information which reasonably suggests, that any of the following matters has occurred, may have occurred or may occur in the foreseeable future as regards the firm, any of its directors, officers, employees, approved persons, appointed representatives: , or tied agents
(a) a significant breach of a rule (which includes a Principle) or Statement of Principle; or
(b) a breach of any requirement imposed by the Act or by regulations or an order made under the Act by the Treasury (except if the breach is an offence, in which case (c) applies);
(c) the bringing of a prosecution for, or a conviction of, any offence under the Act.

Immediately.

SUP 15.3.15 R

Notifications - civil, criminal or disciplinary proceedings against a firm.

Details of the matter and an estimate of the likely financial consequences, if any.

(1) Civil proceedings being brought against the firm and the amount of the claim being significant in relation to the firm's financial resources or its reputation; or

Immediately.

(2) any action being brought against the firm under section 71 of the Act (Actions for damages) or section 150 (Actions for damages); or

(3) disciplinary measures or sanctions being imposed on the firm by any statutory or regulatory authority, professional organisation or trade body (other than the FSA) or the firm becoming aware that one of those bodies has started an investigation into its affairs: or

(4) the firm being prosecuted for, or convicted of, any offence involving fraud or dishonesty, or any penalties being imposed on it for tax evasion; or

(5) if it is an OPS firm, which is a trustee, being removed as trustee by a court order.

SUP 15.3.17 R

Notifications - Fraud, errors and other irregularities.

All relevant and significant details of the incident or suspected incident of which the firm is aware.

The following events arising, if significant:
(1) the firm becoming aware that an employee may have committed a fraud against one of its customers; or

Immediately.

(2) the firm becoming aware that a person, whether or not employed by it, may have committed a fraud against it; or

(3) the firm considering that any person, whether or not employed by it, acting with intent to commit a fraud against it; or

(4) the firm identifying irregularities in its accounting or other records, whether or not there is evidence of fraud; or

(5) the firm suspecting that one of its employees may be guilty of serious misconduct concerning his honesty or integrity and which is committed with the firm's regulated activities or ancillary activites.

SUP 15.3.21 R

Notifications - insolvency, bankruptcy and winding up.

The fact of the event.

(1) the calling of a meeting to consider a resolution for winding up the firm;

Immediately.

(2) an application to dissolve the firm or to strike it off the Register of Companies;

(3) the presentation of a petition for the winding up of the firm;

(4) the making of, or any proposals for the making of, a composition or arrangement with any one or more of its creditors;

(5) an application for the appointment of an administrator or trustee in bankruptcy to the firm;

(6) the appointment of a receiver to the firm (whether an administrative receiver or receiver appointed over particular property): or

(7) an application for an interim order against the firm under section 252 of the Insolvency Act 1986 (or, in Northern Ireland, section 227 of the Insolvency (Northern Ireland) Order 1989); or

(8) if the firm is a sole trader:
(a) an application for a sequestration order; or
(b) the presentation of a petition for bankruptcy; or

(9) anything equivalent to (1) to (8) above in respect of the firm in a jurisdiction outside the UK.

SUP 15.3.23 D

Any matter likely to be of material concern in relation to the FSA which may have arisen in relation to:

Details of the matters arisen.

The Society becomes aware.

Immediately.

(1) the regulated activities for which the Society has permission; or

(2) underwriting agents; or

(3) approved persons or individuals acting for or on behalf of underwriting agents.

SUP 15.3

Commencement, continuation and cessation of relevant investigations and disciplinary proceedings

Commencement, continuation and cessation of relevant investigations and disciplinary proceedings listed in SUP 15.3.24 D and SUP 15.3.25 D.

Commencement of proceedings.

Not specified.

SUP 15.4.1 R

Notifications - notified person - overseas firm which is not an incoming firm.

Form F Changes in notified person (see SUP 15 Ann 2 R) However, if the person is an approved person, notification giving details of his name, the approved person's FSA individual reference number and the position to which the notification relates, is sufficient.

Any person taking up or ceasing to hold the following positions:
(a) the firm's worldwide chief executive (that is, the person who, alone or jointly with one or more others, is responsible under the immediate authority of the person for the whole of its business) if the person is based outside the UK;
(b) the person within the overseas firm with a purely strategic responsibility for UK operations;
(c) for a bank: the two or more persons who effectively direct its business in accordance with SYSC 4.2.2 R ;
(d) for an insurer: the authorised UK representative.

30 business days.

SUP 15.5.1 R

Notifications - change in name.

Details of the proposed new name and the date on which the firm intends to implement the change of name.

A change in:(1) the firm's name (which is the registered name if the firm is a body corporate);

Reasonable advance notice.

(2) any business name under which the firm carries on a regulated activity or ancillary activity either from an establishment in the UK or with or for clients in the UK.

SUP 15.5.4 R

Notifications - change in address.

Details of the new address and the date of the change.

A change in any of the following addresses:
(1) the firm's principal place of business in the UK;
(2) in the case of an overseas firm, its registered office (or head office) address.

Reasonable advance notice.

SUP 15.5.5 R

Notifications - change in legal status.

The fact of the proposed change in liability.

A proposed change in a firm's legal status which limits the liability of any of its members or partners.
This includes:

Reasonable advance notice.

(1) re-registration as a limited liability company of a company incorporated with unlimited liability; and

(2) a general partner in a firm becoming a limited partner.

SUP 15.5.7 R

Notifications - other regulators.

The fact of becoming subject to or ceasing to be subject to the supervision of any overseas regulator (including a Home State regulator).

A firm becoming subject to or ceasing to be subject to the supervision of any overseas regulator (including a Home State regulator).

Immediately.

SUP 15.6.4 R

Notification - inaccurate, false or misleading information.

(1) details of the information which is or may be false, misleading, incomplete or inaccurate, or has or may have changed;
(2) an explanation why such information was or may have been provided; and
(3) the correct information.

A firm becoming aware, or having information that reasonably suggests that it has or may have provided the FSA with information which was or may have been false, misleading, incomplete or inaccurate, or has or may have changed in a material particular.

Immediately If the information required cannot be submitted with the notification (because it is not immediately available), it must instead be submitted as soon as possible afterwards.

SUP 15.8.1 R

Notification - management of occupational pension scheme assets.

The fact of receiving the request or instruction.

A firm which manages the assets of an occupational pension scheme receiving a request or instruction from a trustee which it knows or on substantial grounds suspects or has cause reasonably to suspect is at material variance with the trustee's duties.

As soon as reasonably practical .

SUP 15.8.2 R

Administration of individual pension accounts.

If a firm begins or ceases to administer individual pension accounts, notify the FSA.

Event of beginning or ceasing to administer individual pension accounts.

As soon as reasonably practicable.

SUP 15.8.3 R

Insurers' commission clawback.

As set out in SUP 15.8.3 R.

Any amount of commission due from an intermediary remaining outstanding for four months after date when insurer gave notice to the intermediary that
(a) relevant premium had not been paid or
(b) that cancellation or overpayment has occurred.

As soon as reasonably practicable.

SUP 15.8.4 G

Operating a bureau de change .

That the firm intends to operate a bureau de change.

Intending to operate a bureau de change.

Before the firm begins to operate a bureau de change.

SUP 15.8.4 G

Operating a bureau de change.

That the firm has ceased to operate a bureau de change.

Ceasing to operate a bureau de change.

As soon as reasonably practicable.

SUP 15.8.6 R

Delegation by UCITS management company.

The fact that a function of the UCITS management company has been delegated together with (a) the identity of the party to whom the function has been delegated and (b) the period during which the delegation will apply.

The delegation of a function by a UCITS management company.

As soon as reasonably practicable.

SUP 15.8.8 R

CTF provider status.

The fact of the firm beginning or ceasing to hold itself out as a CTF provider.

Firm beginning or ceasing to hold itself out as a CTF provider.

As soon as reasonably practicable.

CTF third party administrator.

Engagement of third party administrator.

Third party administrator engaged.

As soon as reasonably practicable.

Intention to offer HMRC allocated CTFs.

Whether it intends to offer HMRC allocated CTFs.

Becoming a CTF provider.

As soon as reasonably practicable.

Intention to provide stakeholder CTF.

Whether it intends to provide its own stakeholder CTFs.

Becoming a CTF provider.

As soon as reasonably practicable.

SUP 15.8.9 R

Default by counterparty on its obligations in a transaction of a type specified in SUP 15.8.9 R.

The fact of the default.

Default by counterparty on its obligations in a repurchase agreement or reverse repurchase agreement or securities or commodities lending or borrowing transaction.

Immediately.

SUP 15.9.1 R

Being or ceasing to be a financial conglomerate.

The fact of being or ceasing to be a financial conglomerate.

Being or ceasing to be a financial conglomerate.

Immediately.

SUP 15.9.2 R

Reasonable likelihood of becoming or ceasing to be a financial conglomerate.

Immediately.

SUP 16.3.17 R

Reporting - change of accounting reference date.

The fact of a change in accounting reference date.

A change in accounting reference date.

If extending its accounting reference period, before the previous accounting reference date
If shortening its accounting period, it must make the notification in (1) before the new accounting reference date.

SUP 16.4.5 R

Reporting - annual controller report - every firm except:
(1) an ICVC;
(2) an incoming EEA firm;
(3) an incoming Treaty firm;
(4) a non-directive friendly Society;
(5) a partnership;
(6) a sole trader;
(7) a service company;
(8) a UCITS qualifier.

If the firm is not aware:
(a) that it has any controllers; or
(b) of any changes in the identity of its controllers since the submission of its previous report; or
If the above does not apply, the report must contain a list of all the controllers as at the firm's accounting reference date of which the firm is aware and, for each such controller, state:
(a) its name;
(b) the percentage of voting power in the firm, or in the firm's parent undertaking, which it is entitled to exercise or control the exercise of, whether alone or with any associate;
(c) the percentage of shares in the firm, or in the firm's parent undertaking, which it holds, whether alone or with any associate;
(d) if the controller is a body corporate, its country of incorporation, address and registered number; and
(e) if the controller is an individual, his date and place of birth.
This information may be provided in the form of a group organisation chart.

Annually from the accounting reference date
If a firm is a friendly society or a building society, then it is required to submit a report only if it is aware that it has a controller.

Four months.

SUP 16.5.4 R

Reporting - annual close links report - every firm except:
(1) an ICVC;
(2) an incoming EEA firm;
(3) an incoming Treaty firm;
(4) a non-directive friendly society;
(5) a partnership;
(6) a sole trader;
(7) a service company;
(8) a UCITS qualifier.

If a firm is not aware:
(a) that it has close links; or
(b) of any material changes to the details since the last report;then confirmation of this.
If the above does not apply, the report must contain a list of all persons with whom the firm has close links as at the firm's accounting reference date of which it is aware, and for each such person state:
(a) its name;
(b) the nature of the close links;
(c) if the close link is with a body corporate, its country of incorporation, address and registered number;
(d) if the close link is with an individual, his date and place of birth; and
(e) a group organisation chart.

Annually from the accounting reference date
If a firm is an unincorporated friendly society, then it is only required to submit a report if it is aware that it has close links.

Four months.

SUP 16.6.5 R

Reporting - compliance reports -bank- list of overseas regulators.

List of all overseas regulators for each legal entity in the firm's group.

Annually from the accounting reference date.

Six months.

SUP 16.6.5 R

Reporting - compliance reports -bank-authorised entities in the firm's group.

Organogram showing the authorised entities in the firm's group.

Annually from the accounting reference date.

Six months.

SUP 16.6.6 R

Reporting - compliance reports - trustee of an AUT

In relation to the manager of each AUT for which it is a trustee, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared, or might have appeared, that the manager had failed (materially or otherwise) to:

Quarterly (the quarter ends are 31 March, 30 June, 30 September, 31 December).

One month.

(a) give correct instructions to the trustee to create or cancel units in the AUT when the manager should have done so, and the error:
(i) resulted in the creation of too few units or in the cancellation of too many units; and
(ii) was not corrected in accordance with the FSA's guidance as set out in COLL 6.2.12 G ;

(b) price units in the AUT in accordance with COLL 6, where the pricing error was:

(i) greater than 0.5% of the price of a unit; or

(ii) less than 0.5% of the price of a unit, and the trustee did not consider the manager's controls to be adequate; unless the failure was an isolated incident.

SUP 16.6.6 R

Reporting - compliance reports -depositary of an ICVC.

In relation to the authorised corporate director of each ICVC for which it is a depositary, the number of times during the quarter in which facts came to the firm's knowledge from which it appeared, that the authorised corporate director had failed (materially or otherwise) to:

Quarterly (the quarter ends are 31 March, 30 June, 30 September, 31 December).

One month.

(a) arrange for the issue or cancellation of shares in the ICVC when the authorised corporate director should have done so, and the error:
(i) resulted in the creation of too few shares or in the cancellation of too many shares; and
(ii) was not corrected in accordance with the FSA's guidance as set out in COLL 6.2.12 G

(b) price shares in the ICVC in accordance with COLL 6, where the pricing error was:
(i) greater than 0.5% of the price of a share; or
(ii) less than 0.5% of the price of a share, and the depositary did not consider the authorised corporate director's controls to be adequate;
unless the failure was an isolated incident.

SUP 16.6.6 R

Reporting - compliance reports -OPS firms.

Annual accounts of each occupational pension scheme in respect of which the firm is acting.

Annually.

Seven months after the end of the scheme year.

SUP 16.6.6 R

Reporting - compliance reports -OPS firms.

Audited annual accounts of each OPS collective investment scheme in respect of which the firm is acting.

Annually.

Seven months after the end of the scheme year.

SUP 16.6.8 R (3)

Reporting - compliance reports -OPS firms.

Any change in the date of commencement of the scheme year of an OPS or OPS collective investment scheme, in respect of which the firm is acting, not less than 15 business days before the date on which such a change is to become effective.

15 business days before the date on which such a change is to become effective.

SUP 16.8

Reporting - persistency reports from insurers

Persistency report. The report must report on every life policy which was promoted subject to rules in COB or COBS, is not a life policy of a type listed in SUP 16.8.13 R or SUP 16.8.14 R, and which:

Annually

By 30 April each year

(1) was effected by the firm submitting the report; or

(2) was effected by a member of the firm's group, which is not an authorised person, and in circumstances in which the firm submitting the report was responsible for promoting that life policy; or

(3) was effected by another firm, but is carried out by the firm submitting the report.

The report must be in the format of Forms 1R(1), (2) and (3) in SUP 16 Annex 6 R.

SUP 16.9.3 R

Details of appointed representatives. Every firm with a Part IV permission to advise on investments, arrange (bring about) deals in investments, make arrangements with a view to transactions in investments, or arrange safeguarding and administration of assets.

A list of all the current appointed representatives of the firm as at the firm's accounting reference date. A report is not required if a firm has no appointed representatives as at the firm's accounting reference date and this is reflected in the relevant extract from the FSA Register.

Annually

Four months

SUP 16.10.4 R

Verification of standing data items

Correction of inaccuracies in standing data

Accounting reference date

30 business days after accounting reference date

SUP 16.13.3 D to SUP 16.13.4 D

Reporting - authorised payment institution

FSA056 Capital Adequacy Return

Annually

30 business days

SUP 16.13.3 D to SUP 16.13.4 D

Reporting - small payment institution

FSA057 Payment Services Directive Transactions

Annually

1 month

SUP 17

Transaction reporting This applies to (a) a MiFID investment firm; (b) a third country investment firm; (c) a person who is the operator of an approved reporting mechanism or of a regulated market or MTF that is used by a firm to report transactions to the FSA; or (d) a firm acting in its capacity as a manager or operator of a collective investment undertaking, pension scheme, occupational pension scheme, a personal pension scheme or a stakeholder pension scheme.

A transaction report as specified in SUP 17.1.4 R, SUP 17.4.1 EU and SUP 17.4.2 R.

Executing a transaction, subject to the exceptions in SUP 17.2.1 R and SUP 17.2.3 R.

As quickly as possible and by not later than the close of the working day following the day upon which that transaction took place.

SUP 18.2.12 G

Possible proposal for insurance business transfer scheme

The broad outline of the scheme and its purpose

When an insurance business transfer scheme is being considered

As soon as reasonably practical

SUP 18.2.26 G

The FSA has to be informed to enable it to consult the transferee's Home State regulator

As set out in 18.2.26 G

If the transferee is (or will be) an EEA firm (authorised in its Home State to carry on insurance business under the Insurance Directives) or a Swiss general insurance company

Not specified

SUP 18.2.28 G

The FSA has to be informed to enable it to consult the Host State regulator

As set out in 18.2.28 G

If the transferor is an UK insurer and the business to be transferred includes business carried on from a branch in another EEA State,

Not specified

SUP 18.2.29 G

The FSA has to be informed to enable it to consult the Host State regulator

Should identify the parties to the transfer and include the transfer agreement or draft transfer agreement or a summary containing relevant information. It would be helpful if a draft of the scheme report was also available.

If the transferor is an UK insurer and the business to be transferred includes a long-term insurance contract (other than reinsurance) for which the state of the commitment is an EEA state other than the United Kingdom,

Not specified

If the transferor is an UK insurer and the business to be transferred includes a general insurance contract (other than reinsurance) for which the state of the risk is an EEA state other than the United Kingdom,

Not specified

SUP 18.2.31 G

Scheme report in a form approved by the FSA

As set out in SUP 18.2.33 G

Decision to apply to the court to approve an insurance business transfer scheme

SUP 18.2.32 G

Fact of the independent expert producing a scheme report

Independent expert appointed to produce a scheme report

At an early stage

SUP 18.2.42 G

Notice of the application to be sent to all policyholders of the parties. It may also be appropriate to give notice to others affected, in particular to: (1) reinsurers of the transferor where it is proposed that benefits or liabilities under their contracts should pass to the transferee (2) anyone with an interest in the policies being transferred who has notified the transferor of their interest.

In addition to the notice it would normally be appropriate to include a statement setting out the terms of the scheme and containing a summary of the scheme report.

Decision to apply to the court for approval of an insurance business transfer scheme (unless the court directs otherwise)

At least six weeks before court hearing

SUP App 2.3.1 R

Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm - Margin of solvency below required level

A plan for the restoration of a sound financial position including: (1) a scheme of operations (see SUP App 2.9); and (2) an explanation of how, if at all, and by when it expects its margin of solvency to be adequately restored to the required margin of solvency

The firm becoming aware that its margin of solvency has fallen below its required margin of solvency

28 days

SUP App 2.4.1 R

Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm - Margin of solvency below guarantee fund

A short term financial plan including:
(1) a scheme of operations (see SUP App 2.9 and
(2) an explanation of how, if at all, and by when it expects its margin of solvency to be adequately restored to the guarantee fund

The firm becoming aware that its margin of solvency has fallen below its guarantee fund

14 days

SUP App 2.5.1 R

Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- ceasing to effect contracts of insurance

A run-off plan including:
(1) a scheme of operations (see SUP App 2.9); and
(2) an explanation of how, or to what extent, all liabilities to policyholders (including where relevant, reasonable bonus expectations) will be met in full as they fall due

The firm deciding to cease to effect new contracts of insurance

28 days

[deleted]

SUP App 2.10.1 R (2) and SUP App 2.10.2 R

Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- obligations on insurers which have previously submitted a scheme of operations

Quarterly financial return: (a) a summary profit and loss account prepared in accordance with SUP App 2.9.7 R; (b) a summary balance sheet prepared in accordance with SUP App 2.9.8 R; and (c) a statement of solvency prepared in accordance with SUP App 2.9.9 R;
and which must identify and explain differences between the actual results and the forecasts submitted in the scheme of operations

The end of each quarter

Not specified

SUP App 2.10.1 R (3)

Insurers: scheme of operations- an insurer which is not an incoming EEA firm or an incoming Treaty firm- obligations on insurers which have previously submitted a scheme of operations

(a) Explanation of the nature of the departure and the reasons for it and provide revised forecast financial information in the scheme of operations for its remaining term; or (b) an amended scheme of operations and explanation of the amendments and the reasons for them

Any matter which has either happened or is likely to happen and which represents a significant departure from the scheme of operations

Promptly

06/08/2010

SUP Sch 4

Powers exercised

01/12/2004

SUP Sch 4.1

The following powers and related provisions in or under the Act have been exercised by the FSA to make the rules in SUP:

Section 59 (Approval for particular arrangements)

Section 118(8) (Market abuse)

Section 138 (General rule-making power)

Section 139(1) and (4) (Miscellaneous ancillary matters)

Section 141 (Insurance business rules)

Section 144 (Price stabilising rules)

Section 145 (Financial promotion rules)

Section 146 (Money laundering rules)

Section 147 (Control of information rules)

Section 149 (Evidential provisions)

Section 150(2) (Actions for damages)

Section 156 (General supplementary powers)

Section 178 (Obligation to notify the Authority: acquisitions of control)

Section 191D (Obligation to notify the Authority: dispositions of control)

Section 238(5) (Restrictions on promotion)

Section 247 (Trust scheme rules)

Section 293 (Notification requirements)

Section 318(1) (Exercise of powers through Council)

Section 340 (Appointment)

Section 341 (Access to books etc.)

Paragraph 17(1) (Fees) of Schedule 1 (The Financial Services Authority)

Paragraphs 19 (Establishment) and 20 (Services) of Schedule 3 (EEA Passport Rights)

Regulations 6(1) (FSA rules) and 12 (applications for authorisation) of the OEIC Regulations

Article 4(1) of the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Rules) Order 2001 (SI 2001/1534)

04/10/2010

SUP Sch 4.2

The following powers and related provisions in or under the Act have been exercised by the FSA to give the guidance in SUP:

Section 157(1) (Guidance)

Article 11(1) of the Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001 (SI 2001/1534)

06/10/2009

SUP Sch 4.3

The following powers and related provisions in or under the Act have been exercised by the FSA in SUP to direct or require:

Section 51 (Applications under this Part)

Section 60 (Applications for approval)

Section 148(3) (Modification or waiver of rules)

Section 182 (Notification)

Section 250(4) and (5) (Modification or waiver of rules)

Section 294 (Modification or waiver of rules)

Section 316 (Direction by Authority)

Paragraph 5(4) (Notice of Authority) of Schedule 4 (Treaty Rights)

Regulation 7(3) and (4) (Modification or waiver of FSA rules) of the OEIC Regulations

04/10/2010

SUP Sch 4.4

The following additional powers and related provisions have been exercised by the FSA to give the directions and make the guidance in SUP:

Regulation 82 (Reporting requirements) of the Payment Services Regulations

Regulation 93 (Guidance) of the Payment Services Regulations

Regulation 49 (Reporting requirements) of the Electronic Money Regulations

Regulation 60 (Guidance) of the Electronic Money Regulations

30/04/2011

SUP Sch 5

Rights of actions for damages

01/12/2004

SUP Sch 5.1

The table below sets out the rules in SUP contravention of which by an authorised person may be actionable under section 150of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150(or, in certain circumstances, his fiduciary or representative). A "Yes" in the column headed "Removed" indicates that the FSA has removed the right of action under section 150(2)of the Act. If so, a reference to the rule in which it is removed is also given.

The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person (or his fiduciary or representative). If so, an indication of the type of person by whom the rule is actionable is given.

01/12/2004

SUP Sch 5.2

Right of action under section 150

Chapter/Appendix

Section/Annex

Paragraph

For private person?

Removed?

For other person?

All rules in SUP with the status letter "E"

All rules in the section

All rules in sections SUP 10.1 to SUP 10.10

All other rules in SUP

Yes

01/12/2004

SUP Sch 6

Rules that can be waived

01/12/2004

SUP Sch 6.1

As a result of regulation 10 of the Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (SI 2007/1973) the FSA has power to waive all its rules, other than rules made under section 247 (Trust scheme rules) or section 248 (Scheme particulars rules) of the Act. However, if the rules incorporate requirements laid down in European directives, it will not be possible for the FSA to grant a waiver that would be incompatible with the United Kingdom's responsibilities under those directives.

06/01/2011