Part 2 | Application of the common platform requirements (SYSC 4 to 10) |
| | Who? |
2.1 | R | The common platform requirements apply to every firm apart from an insurer , a UK ISPV , a managing agent and the Society unless provided otherwise in a specific rule . |
2.2 | R | [deleted] |
2.3 | R | For a sole trader : |
| | | (1) | SYSC 4.3 does not apply as long as they do not employ any person who is required to be approved under section 59 of the Act (Approval for particular arrangements); |
| | | (2) | SYSC 4.1.4 R and SYSC 6.3.9 R do not apply if he has no employees . |
2.4 | R | For a UCITS qualifier : |
| | | (1) | the rule on responsibility of senior personnel ( SYSC 4.3 ) does not apply; and |
| | | (2) | the common platform requirements apply in relation to the communication and approval of financial promotions only as set out in SYSC 1 Annex 1 .2.12R. |
| | | [ Note : section 266 of the Act .] |
2.4A | R | For an AIFM qualifier : |
| | | (1) | the rule on responsibility of senior personnel ( SYSC 4.3 ) does not apply; and |
| | | (2) | the common platform requirements apply in relation to the communication and approval of financial promotions only as set out in SYSC 1 Annex 1 , 2.12R. |
2.5 | R | For an authorised professional firm when carrying on non-mainstream regulated activities , the common platform requirements on financial crime , conflicts of interest and Chinese walls do not apply. |
2.5A | R | The common platform requirements on financial crime do not apply to a firm for which a professional body listed in Schedule 1 to the Money Laundering Regulations , and not the FCA , acts as the supervisory authority for the purposes of those regulations. |
2.6 | R | [deleted] |
2.6A | R | [deleted] |
2.6B | R | Subject to SYSC 1 Annex 1 2.6CR, the common platform requirements do not apply to a full-scope UK AIFM of an unauthorised AIF except for: |
| | | (1) | SYSC 4.1.1 R to SYSC 4.1.2 R and SYSC 4.1.2B R to SYSC 4.1.2D R ; |
| | | (2) | SYSC 4.2.1 R , SYSC 4.2.1B R , SYSC 4.2.2 R to SYSC 4.2.5 G , SYSC 4.2.7 R and SYSC 4.2.8 G ; |
| | | (3) | SYSC 6.1.1 R , which only applies to the extent that it relates to the obligation to establish, implement and maintain adequate policies and procedures for countering the risk that the firm (including its managers and employees ) might be used to further financial crime ; |
| | | (4) | SYSC 6.1.4-AAG |
| | | (5) | SYSC 6.3 ; |
| | | (6) | SYSC 7.1.7BA G |
| | | (7) | SYSC 10.1.1 R and SYSC 10.1.22 R to SYSC 10.1.26 R ; and |
| | | (8) | SYSC 10.2 . |
2.6C | R | The common platform requirements apply to an AIFM investment firm which is a full-scope UK AIFM in respect of its MiFID business in line with Column A in Table A of Part 3. |
2.6D | R | The common platform requirements apply to a full-scope UK AIFM of an authorised AIF in line with Column A++ in Table A of Part 3. |
2.6E | G | The common platform requirements apply to a small authorised UK AIFM in line with Column B in Table A of Part 3 (unless such a firm is also a common platform firm , in which case they must comply with Column A). |
2.6F | R | [deleted] |
2.6G | R | (1) | Except as provided for in (2), the common platform requirements do not apply to a firm in relation to benchmark activities . |
| | | (2) | The common platform requirements continue to apply to a person with permission to carry on the regulated activity of administering a specified benchmark acting as such. |
2.6H | G | (1) | As a consequence of the benchmarks regulation , the regulated activity referred to in SYSC 1 Annex 1 2.6GR(2) will cease to apply in certain circumstances (see SUP TP 10 for an explanation of those circumstances). |
| | | (2) | The effect of SYSC 1 Annex 1 2.6GR(2) is that the common platform requirements continue to apply to firms which still have permission to carry on the regulated activity in SYSC 1 Annex 1 2.6GR(2) when carrying on that activity. |
2.7 | G | [deleted] |
2.7A | G | [deleted] |
| 2.7B | R | (1) | Subject to SYSC 1 Annex 1 2.7BR(2), the common platform requirements do not apply to a Gibraltar-based investment firm. |
| | | (2) | A Gibraltar-based investment firm, when carrying on what would otherwise be MiFID business, must comply with the: |
| | | | (a) | common platform requirements on financial crime; and |
| | | | (b) | common platform record-keeping requirements in accordance with SYSC 1 Annex 1 2.17R. |
| | What? |
2.8 | R | The common platform organisational requirements apply with respect to the carrying on of the following (unless provided otherwise within a specific rule ): |
| | | (1) | regulated activities ; |
| | | (2) | activities that constitute dealing in investments as principal , disregarding the exclusion in article 15 of the Regulated Activities Order (Absence of holding out etc); |
| | | (3) | ancillary activities ; |
| | | (4) | in relation to MiFID business , ancillary services ; and |
| | | (5) | collective portfolio management . |
2.8A | R | (1) | [deleted] |
| | | (1A) | [deleted] |
| | | (2) | [deleted] |
| | | (3) | [deleted] |
| | | (4) | [deleted] |
| | | (5) | The requirements in SYSC 9.1.1B and SYSC 9.1.2-AR do not apply to a firm to the extent that SYSC 9.1.2CR applies to the firm. |
| | | (6) | [deleted] |
2.8B | G | [deleted] |
2.8C | G | [deleted] |
2.8D | G | [deleted] |
2.9 | G | The application of the provisions on the conflicts of interest in SYSC 10 is set out in SYSC 10.1.-4G to SYSC 10.1.1AR and SYSC 10.2.1 R |
2.10 | R | The provisions on record-keeping in SYSC 9, SYSC 4.1.1-AR, SYSC 5.1.1R, SYSC 5.1.6R, SYSC 5.1.12R, SYSC 5.1.13R and SYSC 5.1.14R, apply as set out in SYSC 1 Annex 1 .2.8R, except that they only apply to the carrying on of ancillary activities that are performed in relation to: |
| | | (1) | designated investment business ; |
| | | (2) | home finance activity ; |
| | | (3) | insurance distribution activity ; |
| | | (4) | credit-related regulated activity ; and |
| | | (5) | regulated pensions dashboard activity . |
2.11 | R | The common platform requirements on financial crime apply as set out in SYSC 1 Annex 1 2.8R, except that they do not apply: |
| | | (1) | with respect to: |
| | | | (a) | activities that constitute dealing in investments as principal , disregarding the exclusion in article 15 of the Regulated Activities Order (Absence of holding out etc); and |
| | | | (b) | ancillary activities ; or |
| | | (2) | in relation to the following regulated activities : |
| | | | (a) | general insurance business ; |
| | | | (b) | insurance distribution activity in relation to a general insurance contract or pure protection contract ; |
| | | | (c) | long-term insurance business which is outside the Solvency II Directive (unless it is otherwise one of the regulated activities specified in this rule ); |
| | | | (d) | business relating to contracts which are within the Regulated Activities Order only because they fall within paragraph (e) of the definition of "contract of insurance" in article 3 of that Order; |
| | | | (e) | (i) | arranging by the Society of deals in general insurance contracts written at Lloyd's; and |
| | | | | (ii) | managing the underwriting capacity of a Lloyd's syndicate as a managing agent at Lloyd's ; |
| | | | (f) | home finance mediation activity and administering a home finance transaction ; |
| | | | (g) | reversion activity ; |
| | | | (h) | meeting of repayment claims and managing dormant asset funds (including the investment of such funds) ; and |
| | | | (i) | regulated funeral plan activities . |
2.12 | R | The common platform organisational requirements , except the common platform requirements on financial crime , also apply with respect to the communication and approval of financial promotions which: |
| | | (1) | if communicated by an unauthorised person without approval would contravene section 21(1) of the Act (Restrictions on financial promotion); and |
| | | (2) | may be communicated by a firm without contravening section 238(1) of the Act (Restrictions on promotion of collective investment schemes). |
2.13 | R | The common platform organisational requirements , except the common platform requirements on financial crime , also: |
| | | (1) | apply with respect to the carrying on of unregulated activities in a prudential context ; and |
| | | (2) | take into account any activity of other members of a group of which the firm is a member. |
2.13A | R | SYSC 6.3 only applies to a firm in relation to carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , to which the Money Laundering Regulations also apply. |
2.13B | R | SYSC 6.3.8 R and SYSC 6.3.9 R do not apply to a firm with a limited permission for entering into a regulated credit agreement as lender . |
2.13C | G | The persons to whom the Money Laundering Regulations apply are set out in regulation 10 of the Money Laundering Regulations . The persons include credit institutions (for example, banks) and financial institutions (for example, persons who carry on regulated activities which consist of or include entering into regulated credit agreements as lender ). These expressions are defined in regulation 10 of those Regulations. |
2.14 | G | SYSC 1 Annex 1 .2.13R(2) does not mean that inadequacy of a group member's systems and controls will automatically lead to a firm contravening any of the common platform organisational requirements . Rather, the potential impact of a group member's activities, including its systems and controls, and any systems and controls that operate on a group basis, will be relevant in determining the appropriateness of the firm's own systems and controls. |
2.14A | G | The systems and control requirements in article 17 of MiFID for the following are in chapter 7A of the Market Conduct sourcebook ( MAR ): |
| | | (1) | algorithmic trading ; |
| | | (2) | direct electronic access to a trading venue ; and |
| | | (3) | acting as a general clearing member of a trading venue . |
2.14B | G | Firms should refer to COBS 11A.1 (Underwriting and placing) for additional organisational requirements for underwriting and placing. |
| 2.14C | R | References to designated investment business include selling, or advising clients in relation to structured deposits. |
| | Where? |
2.15 | R | The common platform requirements , except the common platform record-keeping requirements , apply to a firm in relation to activities which: |
| | | (1) | (except for regulated claims management activities and ancillary activities) are carried on by it from an establishment in the United Kingdom ; or |
| | | (2) | are, or are ancillary to, regulated claims management activities . |
2.16 | R | [deleted] |
2.16A | R | | [deleted] |
2.16B | G | [deleted] |
2.16C | R | The common platform requirements apply to a full-scope UK AIFM in respect of its management of an AIF where carried on from an establishment in the UK . |
2.16D | R | [deleted] |
2.16E | R | The common platform requirements apply to an AIFM investment firm which is a full-scope UK AIFM in respect of its MiFID business where carried on from an establishment in the UK . |
2.16F | R | [deleted] |
2.17 | R | The common platform record-keeping requirements apply to activities which: |
| | | (1) | (except for regulated claims management activities and ancillary activities) are carried on by it from an establishment in the United Kingdom ; or |
| | | (2) | are, or are ancillary to, regulated claims management activities . |
| | | If, however, another applicable rule which is relevant to the activity has a wider territorial scope, the common platform record-keeping requirements apply with that wider scope in relation to the activity described in that rule . |
| | | [ Note : article16(11) first paragraph of MiFID ] |
2.17A | G | For an activity to amount to a regulated claims management activity it must be carried on in Great Britain (see PERG 2.4A ). Subject to the exception for common platform record-keeping requirements in paragraph 2.17R of this Annex, the application of the common platform requirements to firms which carry on regulated claims management activities (and ancillary activities) depends on whether the activity is carried on in Great Britain rather than whether it is carried on from an establishment maintained in the United Kingdom . |
| | | The common platform organisational requirements , except the common platform requirements on financial crime , also apply in a prudential context to a UK domestic firm and to an overseas firm with respect to activities wherever they are carried on. |
2.18A | G | SYSC 6.1.1R on systems and controls for countering the risk that a firm might be used to further financial crime is: |
| | | (1) | a common platform organisational requirement , not a common platform requirement on financial crime ; and |
| | | (2) | subject to the application, amongst other provisions, of SYSC 1 Annex 1 2.13R, SYSC 1 Annex 1 2.16R and SYSC 1 Annex 1 2.18R. |
| | Actions for damages |
2.19 | R | A contravention of a rule in the common platform requirements and in SYSC 10A (Recording telephone conversations and electronic communications) does not give rise to a right of action by a private person under section 138D of the Act (and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action). |