This chapter applies to every firm within a category listed in column (2) of the table in SUP 16.1.3 R and in accordance with column (3) of that table.
SUP 16.1 Application
SUP 16.1 Application
The directions and guidance in SUP 16.13 apply to a payment service provider as set out in that section.
Credit institutions and electronic money institutions should note that some of the directions in SUP 16.13 apply to them as well as to payment institutions and registered account information service providers.
The directions and guidance in SUP 16.15 apply to electronic money issuers that are not credit institutions.
The directions and guidance in SUP 16.18 apply for the following types of AIFM:
- (1)
- (2)
an above-threshold non-EEA AIFM marketing in the UK; and
- (3)
a small non-EEA AIFM marketing in the UK.
The rules, directions and guidance in SUP 16.22 apply to a payment service provider located in the UK other than:
- (1)
a credit union;
- (2)
National Savings and Investments; and
- (3)
the Bank of England.
- (1)
Subject to (2) and (3), the only category of firm to which no section of this chapter applies is an ICVC.
- (2)
SUP 16.26 (Reporting of information about Directory persons) applies to a firm which is an SMCR firm (see SUP 16.1.1FR).
- (3)
SUP 16.27 (General insurance value measures reporting) applies to the type of firms listed in SUP 16.1.3R.
In SUP 16.1 a reference to Gibraltar-based firm in relation to SUP 16.27 (General insurance value measures reporting) has the same meaning as in the Gibraltar Order.
| (1) Section(s) | (2) Categories of firm to which section applies | (3) Applicable rules and guidance | |||
|---|---|---|---|---|---|
| SUP 16.1, SUP 16.2 and SUP 16.3 | All categories of firm except: | Entire sections | |||
| (a) | an ICVC; | ||||
| (b) | [deleted] | ||||
| (c) | [deleted] | ||||
| SUP 16.4 and SUP 16.5 | All categories of firm except: | Entire sections | |||
| (-a) | a credit union; | ||||
| (a) | an ICVC; | ||||
| (b) | [deleted] | ||||
| (c) | [deleted] | ||||
| (d) | a non-directive friendly society; | ||||
| (e) | [deleted] | ||||
| (f) | a sole trader; | ||||
| (g) | a service company; | ||||
| (h) | [deleted] | ||||
| (i) | a firm with permission to carry on only retail investment activities; | ||||
| (ia) | a firm with permission only to advise on P2P agreements (unless that activity is carried on exclusively with or for professional clients); | ||||
| (ib) | a firm with permission to carry on only providing targeted support; | ||||
| (j) | a firm with permission to carry on only insurance distribution activity, home finance mediation activity, or both; | ||||
| (ja) | an FCA-authorised person with permission to carry on only credit-related regulated activity; | ||||
| (jb) | a firm with permission to carry on only regulated claims management activities; | ||||
| (jc) | a firm with permission to carry on only funeral plan distribution; | ||||
| (k) | a firm falling within a combination of (i), (ia), (ib), (j), (ja), (jb) and (jc); | ||||
| (l) | a firm with permission to carry on only the regulated activity of administering a benchmark; | ||||
| SUP 16.6 | Bank | SUP 16.6.4 R to SUP 16.6.5 R | |||
| Depositary of an authorised fund | SUP 16.6.6R to SUP 16.6.11R | ||||
| SUP 16.7A | A firm subject to the requirement in SUP 16.7A.3 R or SUP 16.7A.5 R | Sections as relevant | |||
| SUP 16.8 | Insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society | Entire section | |||
| Firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme | Entire section | ||||
| SUP 16.10 | All categories of firm except: | Entire section | |||
| (a) | an ICVC; and | ||||
| (b) | [deleted] | ||||
| (c) | [deleted] | ||||
| (d) | a dormant asset fund operator. | ||||
| SUP 16.11 | (1) | A firm, other than a managing agent, which is: | |||
| (a) | a home finance provider; or | Entire section | |||
| (b) | an insurer; or | Entire section | |||
| (c) | the operator of a regulated collective investment scheme or an investment trust savings scheme; or | Entire section | |||
| (d) | a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product; or | Entire section | |||
| (e) | one of the following: | ||||
| (i) | a non-threshold short-term loan firm; | SUP 16.11.1R(1), SUP 16.11.3R(1), SUP 16.11.5R, SUP 16 Annex 20R and SUP 16 Annex 21R. | |||
| (ii) | a threshold 1 category A firm; | Entire section | |||
| (iii) | a threshold 1 category B firm; | Entire section | |||
| (iv) | a threshold 2 category A firm; or | Entire section | |||
| (v) | a threshold 2 category B firm. | Entire section | |||
| (2) | a firm in whom the rights and obligations of the lender under a regulated mortgage contract are vested. | The provisions governing performance data reports in SUP 16.11 and SUP 16 Annex 21 | |||
| SUP 16.12 | A firm undertaking the regulated activities as listed in SUP 16.12.4 R, unless exempted in SUP 16.12.1 G | Sections as relevant to regulated activities as listed in SUP 16.12.4 R | |||
| SUP 16.14 | A CASS large firm and a CASS medium firm | Entire section | |||
| SUP 16.18 | A full-scope UK AIFM and a small authorised UK AIFM | SUP 16.8.3 R | |||
| [deleted] | |||||
| SUP 16.23 | A firm subject to the Money Laundering Regulations and within the scope of SUP 16.23.1R | Entire Section | |||
| SUP 16.24 | A firm with permission to effect or carry out contracts of insurance in relation to life and annuity contracts of insurance to the extent that the firm and its business falls within the scope of SUP 16.24.1R. | Entire Section | |||
| SUP 16.25 | A firm with permission to carry on regulated claims management activities. | Entire section | |||
| SUP 16.27 | A firm which, in respect of general insurance contracts, is: | Entire section | |||
| (a) | an insurer; | ||||
| (b) | a (i) TP firm which has temporary permission; or (ii) a Gibraltar-based firm, treated as having permission, to effect contract of insurance including those providing services from an establishment outside the UK with a customer in the UK; | ||||
| (c) | a managing agent; or | ||||
| (d) | an insurance intermediary, | ||||
| to the extent that the firm and its business falls within the scope of SUP 16.27.7R. | |||||
| SUP 16.28 | A firm which, in respect of general insurance contracts, is: | Entire section | |||
| (1) | an insurer; | ||||
| (2) | a managing agent; | ||||
| (3) | an insurance intermediary; | ||||
| (4) | a TP firm; or | ||||
| (5) | a Gibraltar-based firm that is not a TP firm. | ||||
| to the extent that the firm and its business falls within the scope of SUP 16.28.8R. | |||||
| SUP 16.29 | A MIFIDPRU investment firm other than in the circumstances specified in SUP 16.29.1R. | Entire section | |||
| SUP 16.30 | A person who is: | Entire section | |||
| (1) | a firm except as specified in SUP 16.30.1R; | ||||
| (2) | an authorised electronic money institution; | ||||
| (3) | an authorised payment institution; | ||||
| (4) | a registered account information service provider; | ||||
| (5) | a small electronic money institution; | ||||
| (6) | a small payment institution; | ||||
| (7) | a UK RIE. | ||||
| SUP 16.31 | A firm with approver permission. | Entire section | |||
| SUP 16.32 | A designated firm | Entire section | |||
| Note 1[deleted] | |||||
| Note 2 The application of SUP 16.13 is set out under SUP 16.13.1 G; the application of SUP 16.15 is set out under SUP 16.15.1 G; the application of SUP 16.16 is set out SUP 16.16.1 R and SUP 16.16.2 R the application of SUP 16.17 is set out in SUP 16.17.3 R and SUP 16.17.4 R; and the application of SUP 16.26 is set out in SUP 16.26.1R. | |||||
| Note 3 The application of SUP 16.18 for the types of AIFMs specified in SUP 16.1.1C G is set out in SUP 16.18.2 G. | |||||
- (1)
This chapter contains requirements to report to the FCA on a regular basis. These requirements include reports relating to a firm's financial condition, and to its compliance with other rules and requirements which apply to the firm. Where the relevant requirements are set out in another section of the Handbook, this chapter contains cross references. An example of this is financial reporting for insurers and friendly societies.
- (2)
Where such requirements already apply to a firm under legislation other than the Act, they are not referred to in this chapter. An example of this is reporting to the FCA by building societies under those parts of the Building Societies Act 1986 which have not been repealed.
- (3)
Requirements for individual firms reflect:
- (a)
the category of firm;
- (b)
the nature of business carried on;
- (c)
whether a firm has its registered office (or if it does not have a registered office, its head office) in the United Kingdom; and
- (d)
[deleted]
- (e)
the regulated activities the firm undertakes.
- (a)
Where a PRA-authorised person is required to notify or provide any information to (a) the FCA by a PRA Handbook provision and (b) the FCA by the equivalent provision in the FCA Handbook, the PRA-authorised person is expected to comply with both provisions.
