You are viewing MIPRU 2 Responsibility for insurance distribution and MCD credit intermediation activity as of . MIPRU 2 Responsibility for insurance distribution and MCD credit intermediation activity was last updated on 01/01/2021.

MIPRU 2.1 Application and purpose

Application

01/10/2018R

Purpose

01/01/2021G

The original purpose of this chapter was to implement in part the provisions of the IDD and the MCD.

MIPRU 2.2 Allocation of the responsibility for insurance distribution activity or MCD credit intermediation activity

Responsibility for insurance distribution activity or MCD credit intermediation activity

01/10/2018R

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

[Note: article 3(1), eighth paragraph of the IDD and article 29(4)(a), first sentence, of the MCD.]

01/10/2020G
  1. (1)

    Where a firm allocates responsibility under MIPRU 2.2.1R it should ensure that the person to whom the allocation is made is of sufficient seniority and authority within the firm to take on that role.

  2. (2)

    The person could, for example, be:

    1. (a)

      a SMF manager who holds the executive director function (SMF 3) or the other overall responsibility function (SMF 18); or

    2. (b)

      a person who holds a significant management FCA certification function,

in relation to, as relevant, insurance distribution business or MCD credit intermediation business.

01/10/2020R
  1. (1)

    The firm must notify the FCA in a timely manner of the allocation in MIPRU 2.2.1R in accordance with (2).

  2. (2)

    Where the person allocated responsibility under MIPRU 2.2.1R, is:

    1. (a)

      a SMF manager, then notification must be made in the following way:

      1. (i)

        in Form A (Application to perform controlled functions) (see SUP 10C Annex 3D ), Form D (Notification: Changes to personal information/application details and conduct breaches/disciplinary action related to conduct) (see SUP 10C Annex 6R) or Form E (Internal transfer of a person performing a controlled function) (see SUP 10C Annex 7D ); and

      2. (ii)

        included in (as relevant):

        1. (A)

          a statement of responsibilities; or

        2. (B)

          revised statement of responsibilities sent to the FCA as described in SUP 10C.11.7D (Revised statements of responsibilities: Procedure); or

    2. (b)

      a Directory person, the notification is included in the Directory person report (see SUP 16 Annex 47AR (Directory persons report)); or

    3. (c)

      a person other than a person in (a) and (b), then notification may be emailed to ‘firm.queries@fca.org.uk’ or made using a method as set out in SUP 15.7.4R (Method of notification).

01/09/2020G

The FCA will specify in the Financial Services Register the name of the persons to whom the responsibility for the firm's insurance distribution activity or MCD credit intermediation activity has been allocated. by inserting after the relevant controlled function the words "(insurance distribution)" or “(MCD intermediation)”. In the case of a sole trader, the FCA will specify in the Financial Services Register the name of the sole trader as the 'contact person' in the firm.

MIPRU 2.3 Knowledge, ability and good repute [deleted]

01/10/2018