This Appendix is relevant to:
- (1)
persons applying to become professional body supervisors; and
- (2)
professional body supervisors.
This Appendix is relevant to:
persons applying to become professional body supervisors; and
professional body supervisors.
The purpose of this Appendix is to set out the requirements for professional body supervisors to pay the application and periodic fees which, together, will provide the funding for the FCA’s functions under the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017 (“the OPBAS Regulations”).
Regulation 27 of the OPBAS Regulations, in summary, provides that the FCA may impose charges on:
a person applying to become a professional body supervisor; and
an existing professional body supervisor to recover its costs of supervision.
The application fee which will be payable by a person applying to become a professional body supervisor is set out in FEES Appendix 2 Annex 1.
The detail of the periodic fees which will be payable by professional body supervisors is set out in FEES Appendix 2 Annex 2.
In this Appendix:
a “note” (indicated by “Note:”) after a provision indicates, for the convenience of readers, that it is a provision made pursuant to Regulation 27 of the OPBAS Regulations; and
a “G” in the margin indicates that the provision is guidance, which is designed to throw light on a particular aspect of a direction or the provisions imposing charges, but is neither binding nor an exhaustive description of a professional body supervisor’s obligations.
In this Appendix and in FEES TP 19A, an expression in bold (other than in headings and titles) has the meaning given in FEES Appendix 2 Annex 3G.
A person making an application to the FCA to become a professional body supervisor must pay to the FCA, in full and without deduction, the fee specified in FEES Appendix 2 Annex 1.
[Note: Regulation 27 of the OPBAS Regulations]
Application fees must be paid by the method specified in FEES Appendix 2 Annex 1.
[Note: Regulation 27 of the OPBAS Regulations]
A person making an application to become a professional body supervisor must pay the application fee on, or before, making the application.
[Note: Regulation 27 of the OPBAS Regulations]
Application fees paid under this Appendix are not refundable.
Subject to FEES App 2.3.2, a professional body supervisor must pay to the FCA, in full and without deduction, the periodic fee applicable to it under FEES Appendix 2 Annex 2 for a fee year during which, or part of which, the relevant professional body is included in Schedule 1 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“the MLR”).
[Note: Regulation 27 of the OPBAS Regulations]
A professional body supervisor added to Schedule 1 to the MLR during the course of a fee year must pay the fee calculated in accordance with FEES App 2.3.3.
[Note: Regulation 27 of the OPBAS Regulations]
Apply the formula (A+B) x C, where:
A = the minimum fee set out in Part 3 of FEES Appendix 2 Annex 2;
B = the variable fee due for the full fee year, calculated in accordance with FEES Appendix 2 Annex 2; and
C = the number of complete months (inclusive) between the month during which the professional body supervisor was added to Schedule 1 to the MLR and the last month of that fee year ÷ 12.
[Note: Regulation 27 of the OPBAS Regulations]
A professional body supervisor which has not been required by FEES App 2.3.8 to submit the actual information set out in FEES Appendix 2 Annex 2 before the commencement of a given fee year must pay a fee based on information calculated in accordance with FEES Appendix 2 Annex 2 as at [tbc] preceding the relevant fee year.
The information referred to in (1) is the information provided by the professional body supervisor in the course of its application to be added to the list of professional bodies in Schedule 1 to the MLR.
[Note: Regulation 27 of the OPBAS Regulations]
If a professional body supervisor’s periodic fee for the previous fee year was at least £50,000, it must pay its periodic fee for the current fee year in two instalments as follows:
an amount equal to 50% of the periodic fee payable for the previous fee year by:
1 April; or
if later, within 30 days of the date of the invoice, in the fee year to which that sum relates; and
the balance of the periodic fee due for the current fee year by:
1 September; or
if later, within 30 days of the date of the invoice, in the fee year to which that sum relates.
[Note: Regulation 27 of the OPBAS Regulations]
If a professional body supervisor’s periodic fee for the previous fee year was less than £50,000, it must pay the periodic fee within 30 days of the date of the invoice for the fee year to which that sum relates.
[Note: Regulation 27 of the OPBAS Regulations]
FEES App 2.3.5 and FEES App 2.3.6 apply in relation to periodic fees payable by a professional body supervisor under this Appendix only. It does not relate to periodic fees payable in a professional body’s capacity as a professional body designated by the Treasury under section 326 of the Financial Services and Markets Act 2000 (Designation of professional bodies) for the purposes of Part XX of that Act (Provision of Financial Services by Members of the Professions).
A professional body supervisor must send to the FCA the information required under Part 1 of FEES Appendix 2 Annex 2, on which the periodic fee payable by the professional body supervisor is to be calculated.
[Note: Regulation 27 of the OPBAS Regulations]
A professional body supervisor must send to the FCA in writing the information required under FEES App 2.3.8 on or before 31 October preceding the relevant fee year.
[Note: Regulation 27 of the OPBAS Regulations]
If a professional body supervisor fails to send to the FCA the information required under FEES App 2.3.8 by the date specified in FEES Appendix 2.3.9, the FCA may use the information provided by the professional body supervisor under Regulation 51 and Schedule 4 to the MLR or Regulation 27 of the OPBAS Regulations as the basis for calculating fees payable by the professional body supervisor.
[Note: Regulation 27 of the OPBAS Regulations]
The FCA will use the information referred to in FEES App 2.3.8 only for the purpose of calculating professional body supervisors’ fees. Therefore, the definition of ‘supervised individuals’ set out in FEES Appendix 2 Annex 2 applies for the purpose of calculating those fees only.
[Note: Regulation 27 of the OPBAS Regulations]
Part 1: Application fees payable to be included in Schedule 1 to the Money Laundering Regulations
| Transaction | Amount payable (£) |
|---|---|
| Application to be added to the list of professional bodies in Schedule 1 to the MLR | £5,000 |
Part 2: Method of payment of application fees
| Payment method | Additional amount or discount applicable |
|---|---|
| Electronic credit transfer | None |
[Note: Regulation 27 of the OPBAS Regulations]
Part 1
This table sets out the tariff base for the professional body supervisor fee-block. The tariff base in this Part is the means by which the FCA calculates the annual periodic fees payable by a professional body supervisor to the FCA.
| D.2 Professional body supervisors | Supervised individuals |
|---|---|
| Professional bodies listed in Schedule 1 to the Money Laundering Regulations. | The total of: (a) the number of all beneficial owners, officers and managers of all supervised firms that are relevant persons; plus (b) the number of all supervised sole practitioners who are relevant persons. Where a relevant person is supervised under the MLR by more than one professional body supervisor and the professional body supervisors concerned have agreed which one of them will include the number specified in (a) or (b) above in its count of ‘supervised individuals’, the remaining professional body supervisor(s) may exclude this information from their count of ‘supervised individuals’. |
Part 2
| This table sets out the review date for a professional body supervisor’s fees. A professional body supervisor is required to send to the FCA the information in Part 1 of this Annex as at the review date set out below, as soon as reasonably practicable, and in any event by the date shown in FEES App 2.3.9 and/or any relevant transitional provision. | |
| D.2 Professional body supervisors | The most recent number of supervised individuals (calculated in accordance with Part 1) during the twelve months ending 5 April before the relevant fee year. |
Part 3
This table sets out the tariff rates applicable to professional body supervisors.
| Fee payable in relation to 2025/26 | Amount payable (£) |
|---|---|
| Minimum fee, payable by all professional body supervisors subject to the OPBAS Regulations. | £5,919 |
| Variable fee, payable by professional body supervisors where the number of supervised individuals is 6,000 or more. | £40.52 multiplied by the total number of supervised individuals in excess of the threshold of 6,000. [See Note] |
| Note: reference to “the number of supervised individuals” is to those supervised individuals calculated in accordance with Part 1. | |
The following words or terms used in FEES Appendix 2 appearing in bold (other than headings and titles) have the meanings given to them below.
| Expression | Definition |
|---|---|
| beneficial owner | has the meaning given in Regulation 3 of the MLR. |
| day | a period of 24 hours beginning at midnight. |
| FCA | Financial Conduct Authority. |
| fee year | 1 April to 31 March inclusive. |
| firm | has the meaning given in Regulation 3 of the MLR. |
| manager | has the meaning given in Regulation 3 of the MLR. |
| MLR | the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/692). |
| month | (in accordance with the Interpretation Act 1978) a calendar month. |
| officer | has the meaning given in Regulation 3 of the MLR. |
| OPBAS Regulations | the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017 (SI 2017/1301). |
| person | (in accordance with the Interpretation Act 1978) any person, including a body of persons corporate or unincorporate (that is, a natural person, a legal person and, for example, a partnership). |
| professional body supervisor | a professional body listed in Schedule 1 to the MLR. |
| relevant person | has the meaning given in Regulation 3 of the MLR. |
| supervised | is subject to supervision by a professional body supervisor in its capacity as supervisory authority within the meaning of Regulation 7(1)(b) of the MLR. |
