SYSC 1 Annex 1 Detailed application of SYSC
SYSC 1 Annex 1 Detailed application of SYSC
| Part 1 | Application of SYSC 2 and SYSC 3 to an insurer, a UK ISPV, a managing agent and the Society | ||||
|---|---|---|---|---|---|
| Who? | |||||
| 1.1 | R | SYSC 2 and SYSC 3 only apply to an insurer , a UK ISPV , a managing agent and the Society except that: | |||
| (1) | [deleted] | ||||
| (2) | [deleted] | ||||
| (3) | [deleted] | ||||
| (4) | for a sole trader : | ||||
| (a) | SYSC 2 applies but only if he employs any person who is required to be approved under section 59 of the Act (Approval for particular arrangements); | ||||
| (b) | SYSC 3.2.6I R does not apply if he has no employees ; and | ||||
| (5) | [deleted] | ||||
| (6) | Except as provided for in (7), SYSC 2 and SYSC 3 do not apply to a firm in relation to benchmark activities . | ||||
| (7) | SYSC 2 and SYSC 3 continue to apply to a person with permission to carry on the regulated activity of administering a specified benchmark acting as such. | ||||
| 1.1A | G | (1) | As a consequence of the benchmarks regulation , the regulated activity referred to in SYSC 1 Annex 1 1.1R(7) 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 1.1R(7) is that SYSC 2 and SYSC 3 continue to apply to firms which still have permission to carry on the regulated activity in SYSC 1 Annex 1 1.1R(7) when carrying on that activity. | ||||
| 1.2 | G | [deleted] | |||
| What? | |||||
| 1.3 | R | SYSC 2 and SYSC 3 apply with respect to the carrying on of: | |||
| (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 in relation to designated investment business , home finance activity and insurance distribution activity ; and | ||||
| (4) | activities directly arising from insurance risk transformation ; | ||||
| except that SYSC 3.3 applies as described in SYSC 1 Annex 1 1.3AR and SYSC 3.2.6A R to SYSC 3.2.6J G do not apply as described in SYSC 1 Annex 1 .1.4R. | |||||
| 1.3A | R | SYSC 3.3 only applies in relation to the carrying on of insurance distribution activities . | |||
1.4
| R | SYSC 3.2.6A R to SYSC 3.2.6J G do not apply: | |||
| (1) | with respect to the activities described in SYSC 1 Annex 1 .1.3R(2) and SYSC 1 Annex 1 .1.3R(3); or | ||||
| (2) | in relation to the following regulated activities : | ||||
| (a) | general insurance business ; | ||||
| (aa) | insurance risk transformation ; | ||||
| (b) | insurance distribution activity in relation to a general insurance contract or pure protection contract ; | ||||
| (c) | long-term insurance business which is outside the scope of 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 ; and | ||||
| (g) | reversion activity ; or | ||||
| (3) | to a pure reinsurer ; or | ||||
| (4) | in relation to activities directly arising from insurance risk transformation . | ||||
| 1.5 | R | SYSC 2 and SYSC 3 , except SYSC 3.2.6A R to SYSC 3.2.6J G , 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). | ||||
| 1.6 | R | SYSC 2 and SYSC 3 , except SYSC 3.2.6A R to SYSC 3.2.6J G , 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. | ||||
| 1.7 | G | SYSC 1 Annex 1 .1.6R(2) does not mean that inadequacy of a group member's systems and controls will automatically lead to a firm contravening, for example, SYSC 3.1.1 R . 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. | |||
| Where? | |||||
| 1.8 | R | SYSC 2 and SYSC 3 apply with respect to activities carried on from an establishment maintained by the firm (or its appointed representative or, where applicable, its tied agent ) in the United Kingdom unless another applicable rule which is relevant to the activity has a wider territorial scope, in which case SYSC 2 and SYSC 3 apply with that wider scope in relation to the activity described in that rule . | |||
| 1.8A | R | (1) SYSC 3 , except SYSC 3.2.6AR to SYSC 3.2.6JG , and (2) for a UK domestic firm , SYSC 2 ; also apply in a prudential context with respect to activities wherever they are carried on. | |||
| 1.9 | R | SYSC 2 and SYSC 3 , except SYSC 3.2.6A R to SYSC 3.2.6J G , also apply in a prudential context to a UK domestic firm with respect to activities wherever they are carried on. | |||
| 1.10 | R | SYSC 3 , except SYSC 3.2.6A R to SYSC 3.2.6J G , also applies in a prudential context to an overseas firm with respect to activities wherever they are carried on. | |||
| 1.11 | G | (1) | In considering whether to take regulatory action under SYSC 2 or SYSC 3 in relation to activities carried on outside the United Kingdom , the appropriate regulator will take into account the standards expected in the market in which the firm is operating. | ||
| (2) | Most of the rules in SYSC 3 are linked to other requirements and standards under the regulatory system which have their own territorial limitations so that those SYSC rules are similarly limited in scope. | ||||
| Actions for damages | |||||
| 1.12 | R | A contravention of the rules in SYSC 2 and SYSC 3 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). | |||
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) | |||||||
(5) | SYSC 6.3 ; | ||||||
(6) | |||||||
(7) | SYSC 10.1.1 R and SYSC 10.1.22 R to SYSC 10.1.26 R ; and | ||||||
(8) | |||||||
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) | ||||||
| (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) | |||||||
(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) | |||||||
(4) | in relation to MiFID business , ancillary services ; and | ||||||
(5) | |||||||
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) | |||||||
(2) | |||||||
(3) | |||||||
(4) | |||||||
(5) | |||||||
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) | |||||||
(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) | |||||||
(h) | meeting of repayment claims and managing dormant asset funds (including the investment of such funds) ; and | ||||||
(i) | |||||||
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) | |||||||
(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). | |||||
Part 3 | Tables summarising the application of the common platform requirements to different types of firm | |||
3.1 | G | The common platform requirements apply as described in the following table (subject to the provisions in Part 2 of this Annex (Application of the common platform requirements)). | ||
Type of firm | Common platform requirements | |||
SYSC 1 Annex 1 3.2G | ||||
SYSC 1 Annex 1 3.2AG | ||||
SYSC 1 Annex 1 3.2BR | ||||
SYSC 1 Annex 1 3.2CR | ||||
SYSC 1 Annex 1 3.2CR | ||||
All other firms (apart from insurers , managing agents , the Society , full-scope UK AIFMs of unauthorised AIFs , MiFID optional exemption firms and third country firms ) | SYSC 1 Annex 1 .3.3R | |||
3.1A | G | [deleted] | ||
Common platform firm | ||||
3.2 | G | For a common platform firm: | ||
(1) | SYSC 4 to SYSC 10 apply in accordance with Column A in Table A below. | |||
(2) | [deleted] | |||
3.2-ZA | G | A common platform firm that is a MIFIDPRU investment firm should read SYSC 4 to SYSC 10 together with MIFIDPRU 7 . While MIFIDPRU investment firms are not in scope of the requirements in SYSC 4.3A.8R and SYSC 7.1.18R regarding nomination and risk committees, certain MIFIDPRU investment firms are required by MIFIDPRU 7.3.1R and MIFIDPRU 7.3.5R to establish nomination and risk committees. | ||
3.2-A | R | [deleted] | ||
3.2-B | R | [deleted] | ||
Management company | ||||
3.2A | G | For a management company , the common platform requirements in SYSC 4 to SYSC 10 apply in accordance with Column A+ in Table A below. | ||
Full-scope UK AIFM of an authorised AIF | ||||
3.2B | R | For a full-scope UK AIFM of an authorised AIF , the common platform requirements in SYSC 4 to SYSC 10 apply in accordance with Column A++ in Table A below. | ||
MiFID optional exemption firm and a third country firm | ||||
3.2C | R | For a MiFID optional exemption firm and a third country firm : | ||
(1) | SYSC 4 to SYSC 10 apply as rules or as guidance in accordance with Table B below in the following way: | |||
(a) | where a rule is shown modified as 'Guidance', it should be read as guidance (as if "should" appeared in that rule instead of "must"); and | |||
(b) | the provision should be applied in a proportionate manner, taking into account the nature, scale and complexity of the firm’s business. | |||
(2) | [deleted] | |||
3.2D | R | (1) | Subject to (2), SYSC 4.3A.6R , SYSC 4.3A.8R and SYSC 7.1.18R apply to a MiFID optional exemption firm that is ‘significant’ as a rule or as guidance in accordance with SYSC 1 Annex 1 3.2CR. | |
(2) | In (1), ‘significant’ means a MiFID optional exemption firm that is a significant SYSC firm . | |||
Other firms | ||||
3.2E | R | SYSC 1 Annex 1 3.3R does not apply to the following: | ||
(1) | ||||
(2) | ||||
(3) | the Society ; | |||
(4) | ||||
(5) | ||||
(6) | ||||
3.3 | R | For all other firms : | ||
(1) | SYSC 4 to SYSC 10 apply as rules or as guidance in accordance with Column B in Table A below in the following way: | |||
(a) | where a rule is shown modified in Column B as 'Guidance', it should be read as guidance (as if "should" appeared in that rule instead of "must"); and | |||
(b) | the provision should be applied in a proportionate manner, taking into account the nature, scale and complexity of the firm’s business. | |||
(2) | [deleted] | |||
3.3A | R | [deleted] | ||
Table A: Application of the common platform requirements in SYSC 4 to SYSC 10
Provision SYSC 4 | COLUMN A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Rule | Rule | Rule | Rule | |
| SYSC 4.1.1-AR | Rule | Rule for a UCITS investment firm; otherwise not applicable | Not applicable | Not applicable |
Not applicable | Not applicable | Rule | Not applicable | |
Not applicable | Not applicable | Rule | Not applicable | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Guidance | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Rule | Guidance | |
Not applicable | Guidance for a UCITS firm ; not applicable to a UCITS investment firm | Not applicable | Guidance | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Rule | Rule | Not applicable | |
Not applicable | Rule | Not applicable | ||
Not applicable | Not applicable | Rule | Not applicable | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Rule | Not applicable | (1) and (3): Guidance; (2): Rule | |
Not applicable | Not applicable | Not applicable | Guidance | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Applies as a rule only to a firm carrying on regulated pensions dashboard activity | |
Not applicable | Not applicable | Not applicable | Applies as a rule only to a firm carrying on regulated pensions dashboard activity | |
Not applicable | Not applicable | Not applicable | Applies as a rule only to a firm carrying on regulated pensions dashboard activity | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Rule CRR firm for a only | Rule | Not applicable | Guidance | |
Not applicable | Not applicable | Not applicable | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Applies as a rule only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as a rule only to an operator of an electronic system in relation to lending | |
Applies as guidance only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as guidance only to an operator of an electronic system in relation to lending | |
Applies as guidance only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as guidance only to an operator of an electronic system in relation to lending | |
Applies as guidance only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as guidance only to an operator of an electronic system in relation to lending | |
Applies as a rule only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as a rule only to an operator of an electronic system in relation to lending | |
Applies as a rule only to an Applies as a rule only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as a rule only to an operator of an electronic system in relation to lending | |
Applies as a rule only to an operator of an electronic system in relation to lending | Not applicable | Not applicable | Applies as a rule only to an operator of an electronic system in relation to lending | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Rule | Not applicable | Guidance - except reference to SYSC 4.1.9 R which does not apply to these firms | |
Not applicable | Not applicable | Not applicable | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Rule | Rule | Rule | Guidance | |
Not applicable | Not applicable | Not applicable | Guidance | |
Rule | Rule | Rule | Not applicable | |
Guidance | Guidance | Guidance | Not applicable | |
Rule | Rule for a UCITS investment firm ; otherwise not applicable | Not applicable | Not applicable | |
Not applicable | Not applicable | Rule | Not applicable | |
Not applicable | Not applicable | Rule | Not applicable | |
SYSC 4.2.9G | [deleted] | [deleted] | [deleted] | [deleted] |
Not applicable | Rule | Not applicable | Rule | |
Not applicable | Rule | Not applicable | Guidance but applies as a rule to an operator of an electronic system in relation to lending | |
| SYSC 4.3.2-AR | Rule | Rule for a UCITS investment firm in relation to its MiFID business; otherwise not applicable | Not applicable | Not applicable |
Not applicable | Not applicable | Not applicable | Guidance (but not applicable to an operator of an electronic system in relation to lending ) | |
Guidance | Guidance | Not applicable | Guidance | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Guidance | Guidance for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Guidance | Guidance for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule (except for a MIFIDPRU investment firm ) | Not applicable | Not applicable | Not applicable | |
Guidance for a MIFIDPRU investment firm | Guidance for a UCITS investment firm | Not applicable | Not applicable | |
Rule (except for a MIFIDPRU investment firm ) | Not applicable | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | ||
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Not applicable | Not applicable | As specified in SYSC 4.4.1AR | |
Not applicable | Not applicable | Not applicable | Guidance only applying to the firms specified in SYSC 4.4.1A R | |
Not applicable | Not applicable | Not applicable | Rule only applying to the firms specified in SYSC 4.4.1A R | |
Not applicable | Not applicable | Not applicable | Guidance only applying to the firms specified in SYSC 4.4.1A R | |
Not applicable | Not applicable | Not applicable | Rule only applying to the firms specified in SYSC 4.4.1A R | |
Not applicable | Not applicable | Not applicable | Guidance only applying to the firms specified in SYSC 4.4.1A R |
Provision SYSC 5 | COLUMN A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Rule | Rule | Not applicable | Rule | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Not applicable | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Rule | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Rule | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
[deleted] | ||||
[deleted] | ||||
Rule | Rule | Rule | Rule | |
Rule | Rule | Guidance | Guidance | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Guidance | Guidance | |
Not applicable | Not applicable to a UCITS investment firm ; otherwise guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance, but not applicable for the segregation of risk management functions | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
Rule | Rule | Not applicable | Guidance | |
Not applicable | Not applicable | Not applicable | Guidance | |
Rule | Rule | Not applicable | Rule | |
Rule | Rule | Not applicable | Guidance | |
Not applicable | Not applicable | Not applicable | Guidance |
Provision SYSC 6 | COLUMN A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Rule | Rule | Rule but only regarding 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 | Rule | |
Guidance | Guidance | Guidance | Guidance | |
Not applicable | Rule | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
| SYSC 6.1.2-AR | Rule | Rule for a UCITS investment firm in relation to its MiFID business; otherwise not applicable | Not applicable | Not applicable |
Not applicable | Not applicable | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
Not applicable | Rule | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending . For firms other than an operator of an electronic system in relation to lending , this provision shall be read with the following additional sentence at the start. "Depending on the nature, scale and complexity of its business, it may be appropriate for a firm to have a separate compliance function. Where a firm has a separate compliance function, the firm should also take into account SYSC 6.1.3R and SYSC 6.1.4R as guidance." | |
| SYSC 6.1.3-AR | Rule | Rule for a UCITS investment firm in relation to its MiFID business; otherwise not applicable | Not applicable | Not applicable |
| SYSC 6.1.3-BR | Rule | Rule for a UCITS investment firm in relation to its MiFID business; otherwise not applicable | Not applicable | Not applicable |
| SYSC 6.1.3-CR | Rule | Rule for a UCITS investment firm; otherwise not applicable | Not applicable | Not applicable |
Not applicable | Not applicable | Not applicable | Guidance, but does not apply to an operator of an electronic system in relation to lending | |
Not applicable | Rule | Not applicable | (1), (3) and (4): Guidance; (2): - Rule for firms which carry on designated investment business with or for retail clients or professional clients . - Guidance for all other firms . Applies as a rule to an operator of an electronic system in relation to lending . | |
Guidance | Not applicable | Rule | Guidance | |
Not applicable | Not applicable | Guidance | Not applicable | |
Guidance applies to relevant authorised persons only | Not applicable | Guidance | Not applicable | |
Not applicable | Not applicable | Not applicable | Rule for firms which carry on designated investment business with or for retail clients or professional clients . | |
Not applicable | Not applicable | Not applicable | As specified in SYSC 6.1.4CR . | |
Not applicable | Rule | Not applicable | - Guidance, but applies as a rule to an operator of an electronic system in relation to lending - " investment services and activities " shall be read as "financial services and activities" | |
| SYSC 6.1.5AR | Rule | Rule for a UCITS investment firm; otherwise not applicable | Not applicable | Not applicable |
Not applicable | Not applicable | Not applicable | Guidance, but does not apply to an operator of an electronic system in relation to lending | |
Rule | Rule for a UCITS investment firm ; otherwise not applicable | Not applicable | Guidance | |
Not applicable | Not applicable | Not applicable | Only applies to an operator of an electronic system in relation to lending | |
Rule | Rule | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
Not applicable | Not applicable | Not applicable | Guidance, but does not apply to an operator of an electronic system in relation to lending | |
Guidance applies to relevant authorised persons only | Not applicable | Not applicable | Not applicable | |
Guidance | Guidance | Not applicable | Guidance | |
Rule | Rule | Rule | Rule For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Rule does 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.(FCA Handbook only) | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Guidance does 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.(FCA Handbook only) | |
Rule | Rule | Rule | Rule For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Rule does 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.(FCA Handbook only) | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Guidance does 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. (FCA Handbook only) | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Guidance does 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. (FCA Handbook only) | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Guidance does 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. (FCA Handbook only) | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Guidance does 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. (FCA Handbook only) | |
Rule | Rule | Rule | Rule For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Rule does not apply to a firm with a limited permission for entering into a regulated credit agreement as lender . Rule does 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. (FCA Handbook only) | |
Rule | Rule | Rule | Rule For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Rule does not apply to a firm with a limited permission for entering into a regulated credit agreement as lender . Rule does 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 (FCA Handbook only). Rule does not apply to a firm carrying on regulated pensions dashboard activity . | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm . Guidance does 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. (FCA Handbook only) | |
Guidance | Guidance | Guidance | Guidance For firms carrying on a credit-related regulated activity or regulated claims management activity , or operating an electronic system in relation to lending , applies only where the Money Laundering Regulations apply to the firm .Guidance does 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. (FCA Handbook only) |
Provision SYSC 7 | COLUMN A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Guidance | Guidance | Not applicable | Guidance | |
Not applicable | Rule for a UCITS investment firm | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
| SYSC 7.1.2-AR | Rule | Not applicable | Not applicable | Not applicable |
Not applicable | Not applicable to a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but does not apply to an operator of an electronic system in relation to lending | |
Not applicable | Guidance | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but applies as a rule for an operator of an electronic system in relation to lending | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
Guidance for a MIFIDPRU investment firm | Guidance for a UCITS investment firm | Not applicable | Guidance | |
Not applicable | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but applies as a rule to an operator of an electronic system in relation to lending | |
Not applicable | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance, but does not apply to an operator of an electronic system in relation to lending | |
Guidance applicable to a CRR firm | Not applicable | Guidance | Guidance | |
Not applicable | Not applicable | Guidance | Not applicable | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Guidance applies only to a MIFIDPRU investment firm | Guidance applies only to a UCITS investment firm | Not applicable | Not applicable | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Not applicable | Not applicable | Not applicable | ||
Guidance applies to UK relevant authorised persons and third country relevant authorised persons only | Not applicable | Not applicable | Not applicable |
Provision SYSC 8 | COLUMN A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Not applicable | Not applicable to a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Guidance | Guidance | Not applicable | Guidance | |
Guidance | Guidance | Not applicable | Guidance | |
Not applicable | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
| SYSC 8.1.4AR | Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Not applicable |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Not applicable | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Not applicable | Rule for a UCITS investment firm in relation to its non- MiFID business ; otherwise guidance | Not applicable | Rule | |
| SYSC 8.1.6-AR | Rule | Rule for a UCITS investment firm ; otherwise not applicable | Not applicable | Not applicable |
Guidance for a UCITS investment firm in relation to its MiFID business | Not applicable | Not applicable | Not applicable | |
Rule | Rule for a UCITS investment firm; otherwise guidance | Not applicable | Guidance | |
Rule | Rule for a UCITS investment firm; otherwise guidance | Not applicable | Guidance | |
Rule | Rule for a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Rule | Rule for a UCITS investment firm; otherwise guidance | Not applicable | Guidance | |
Not applicable | Rule for a UCITS investment firm in relation to its non- MiFID business ; otherwise guidance | Not applicable | Guidance | |
| SYSC 8.1.11-AR | Rule | Rule for a UCITS investment firm in relation to its MiFID business ; otherwise not applicable | Not applicable | Not applicable |
| SYSC 8.1.11-BR | Rule | Rule for a UCITS investment firm in relation to its MiFID business ; otherwise not applicable | Not applicable | Not applicable |
| SYSC 8.1.11-CG | Guidance | Guidance for a UCITS investment firm in relation to its MiFID business ; otherwise not applicable | Not applicable | Not applicable |
Not applicable | Not applicable to a UCITS investment firm ; otherwise guidance | Not applicable | Guidance | |
Guidance | Guidance | Not applicable | Guidance | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Guidance | Not applicable | Not applicable | |
[deleted] | [deleted] | [deleted] | [deleted] | |
[deleted] | [deleted] | [deleted] | [deleted] |
Provision SYSC 9 | COLUMN A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Guidance | Not applicable save in relation to a UCITS investment firm and its MiFID business | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Not applicable | Rule | Rule but only for the requirement to arrange for orderly records to be kept of its business and internal organisation which do not relate to portfolio transactions and subscription and redemptions orders | Rule | |
Rule | Not applicable | Not applicable | Not applicable | |
| SYSC 9.1.1BR | Rule applies only in relation to MiFID business | Rule applies only in relation to MiFID business of a UCITS investment firm | Not applicable | Not applicable |
Rule applies only in relation to MiFID business | Rule applies only in relation to MiFID business of a UCITS investment firm | Rule but only for records specified by the modified application of SYSC 9.1.1 R | Not applicable | |
| SYSC 9.1.2-AR | Rule applies only in relation to MiFID business | Rule applies only in relation to MiFID business of a UCITS investment firm | Not applicable | Not applicable |
Rule | Rule | Rule | Rule | |
Guidance | Guidance | Guidance | Guidance | |
Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Guidance | Guidance | Guidance | Guidance | |
Guidance | Guidance | Not applicable | Guidance | |
Guidance | Guidance | Not applicable | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Not applicable | Not applicable | Applicable to credit institutions only |
Provision SYSC 10 | Column A Application to a common platform firm other than to a UCITS investment firm | COLUMN A+ Application to a UCITS management company | COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF | Column B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full-scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms |
Not applicable | Not applicable | Not applicable | Guidance in relation to funeral plan distribution | |
Guidance in relation to insurance distribution activities | Guidance in relation to insurance distribution activities | Guidance in relation to insurance distribution activities | Guidance in relation to insurance distribution activities | |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Guidance | Guidance in relation to relation to a UCITS investment firm in relation to its MiFID business ; otherwise not applicable | Not applicable | Not applicable | |
Not applicable | Not applicable | Not applicable | Not applicable | |
Rule | Rule | Not applicable | Rule | |
Not applicable | Not applicable | Rule | Not applicable | |
Guidance | Guidance | Guidance in relation to insurance distribution activities . Otherwise, not applicable | Guidance | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise not applicable | Rule | |
Rule | Rule, but not applicable in relation to insurance distribution activities | Not applicable | Guidance - but applies as a rule in relation to the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 Not applicable in relation to insurance distribution activities or funeral plan distribution | |
Not applicable | Not applicable | Not applicable | Guidance -but not applicable in relation to insurance distribution activities or funeral plan distribution | |
Not applicable | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities and funeral plan distribution | |
Not applicable | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities and funeral plan distribution | |
Guidance | Guidance | Not applicable | Guidance | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise, not applicable | Guidance - but applies as a rule: (a) in relation to the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 ; and (b) in relation to insurance distribution activities and funeral plan distribution | |
Not applicable | Not applicable | Guidance - but not applicable in relation to insurance distribution activities | Guidance - but not applicable in relation to insurance distribution activities or funeral plan distribution | |
Rule | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities and funeral plan distribution | |
Not applicable | Guidance | Guidance | Guidance | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise not applicable | Rule | |
Rule | Rule | Rule | Rule | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise, not applicable | Rule | |
Guidance | Guidance | Not applicable | Guidance | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise, not applicable | Guidance - but applies as a rule in relation to insurance distribution activities and funeral plan distribution | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise, not applicable | Guidance - but applies as a rule: (a) in relation to the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 ; and (b) in relation to insurance distribution activities and funeral plan distribution | |
Rule | Rule | Rule in relation to insurance distribution activities . Otherwise, not applicable | Guidance - but applies as a rule: (a) in relation to the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 ; and (b) in relation to insurance distribution activities and funeral plan distribution | |
Not applicable | Not applicable | Guidance - but not applicable in relation to insurance distribution activities | Guidance - but not applicable in relation to insurance distribution activities or funeral plan distribution | |
Rule | Rule | Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities and funeral plan distribution | |
Rule in relation to insurance distribution activities | Not applicable | Not applicable | Not applicable | |
Not applicable | Guidance | Guidance | Guidance | |
Guidance | Guidance | Guidance | Guidance | |
[deleted] | [deleted] | [deleted] | [deleted] | |
Not applicable | Not applicable | Not applicable | Rule | |
Not applicable | Rule | Not applicable | Not applicable | |
[FCA] | Not applicable | Guidance | Not applicable | Not applicable |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Rule | Not applicable | Not applicable | |
Not applicable | Rule | Rule | Not applicable | |
Not applicable | Not applicable | Rule | Not applicable | |
R Rules applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | R Rules applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | R Rules applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | R Rules applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | |
Rule | Rule | Rule | Rule | |
Rule | Rule | Rule | Rule | |
Guidance | Guidance | Guidance | Guidance | |
Rule | Rule | Rule | Rule | |
Guidance | Guidance | Guidance | Guidance |
Table B: Application of the common platform requirements in SYSC 4 to 10 to MiFID optional exemption firms and third country firms
Provision | COLUMN A MiFID optional exemption firms | COLUMN B Third country firms |
SYSC 4 | ||
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Rule | |
| SYSC 4.1.1-AR | Rule | (1)(a): Guidance (1)(b), (c), (d) and first paragraph: Rule (2): Rule (3) to (5): Guidance |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Rule | Guidance | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Rule | Guidance | |
Rule | Guidance | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Rule | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Rule | Rule | |
Rule | Rule | |
Rule | Rule | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Rule | Rule | |
Not applicable | Not applicable | |
Rule | Rule | |
Guidance | Guidance | |
Rule | Rule | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
| SYSC 4.3.2-AR | Guidance | (1) and (2): Rule (3): Guidance |
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Not applicable | |
Rule | Not applicable | |
Guidance | Not applicable | |
Rule | Not applicable | |
Guidance | Not applicable | |
Rule | Not applicable | |
Rule | Not applicable | |
Rule | Not applicable | |
Rule | Not applicable | |
Rule | Not applicable | |
Rule | Not applicable | |
Rule | Not applicable | |
Not applicable | Not applicable | |
As specified in SYSC 4.4.1AR | As specified in SYSC 4.4.1AR | |
As specified in SYSC 4.4.1AR | As specified in SYSC 4.4.1AR | |
As specified in SYSC 4.4.1AR | As specified in SYSC 4.4.1AR | |
As specified in SYSC 4.4.1AR | As specified in SYSC 4.4.1AR | |
As specified in SYSC 4.4.1AR | As specified in SYSC 4.4.1AR | |
Note = SYSC 4.1.8AR to SYSC 4.1.8DDR apply as a rule or guidance , as indicated above, only to an operator of an electronic system in relation to lending . | ||
SYSC 5 | ||
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Rule | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Not applicable | Rule | |
Not applicable | Rule | |
Not applicable | Guidance | |
Not applicable | Guidance | |
Not applicable | Guidance | |
Guidance | Guidance | |
Rule | Guidance | |
Rule | Rule | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Rule | Guidance | |
Not applicable | Not applicable | |
Rule | Rule | |
Rule | Guidance | |
Not applicable | Not applicable | |
SYSC 6 | ||
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Rule | |
Guidance | Guidance | |
Not applicable | Not applicable | |
| SYSC 6.1.2-AR | Guidance | Guidance |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
| SYSC 6.1.3-AR | Guidance | Guidance |
| SYSC 6.1.3-BR | Guidance | Guidance |
| SYSC 6.1.3-CR | Guidance | (1), (3), (4) and (5): Guidance (2): Rule |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Not applicable | Guidance for a third country relevant authorised person | |
Not applicable | Not applicable | |
SYSC 6.1.4CR(3) applies as specified in SYSC 6.1.4CR Otherwise not applicable | SYSC 6.1.4CR(3) applies as specified in SYSC 6.1.4CR Otherwise not applicable | |
Not applicable | Not applicable | |
| SYSC 6.1.5AR | Guidance | Guidance |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Not applicable | Guidance for a third country relevant authorised person | |
Guidance | Guidance | |
Rule | Rule | |
Guidance | Guidance | |
Rule | Rule | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Rule | Rule | |
Rule | Rule | |
Guidance | Guidance | |
Guidance | Guidance | |
SYSC 7 | ||
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
| SYSC 7.1.2-AR | Guidance | Guidance |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Guidance | Not applicable | |
Not applicable | Guidance for a third country relevant authorised person | |
SYSC 8 | ||
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Guidance | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
| SYSC 8.1.4AR | Guidance | Guidance |
Guidance | Guidance | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
| SYSC 8.1.6-AR | Rule | Rule |
Not applicable | Not applicable | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
| SYSC 8.1.11-AR | Guidance | Guidance |
| SYSC 8.1.11-BR | Rule | Guidance |
| SYSC 8.1.11-CG | Guidance | Guidance |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
SYSC 9 | ||
Not applicable | Not applicable | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Rule | Rule | |
| SYSC 9.1.1BR | Rule | Guidance |
Rule | Not applicable | |
| SYSC 9.1.2-AR | Rule | Guidance |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Guidance in relation to insurance distribution activities | Guidance in relation to insurance distribution activities | |
Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance | Guidance | |
Guidance in relation to insurance distribution activities | Guidance in relation to insurance distribution activities | |
SYSC 10 | ||
Guidance in relation to insurance distribution activities | Guidance in relation to insurance distribution activities | |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Rule | |
Not applicable | Not applicable | |
Guidance | Guidance | |
Rule | Rule | |
Rule | Guidance – but applies as a rule in relation to the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 | |
Not applicable | Guidance | |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Guidance | Guidance | |
Rule | Guidance – but applies as a rule in relation to: (a) the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 ; and (b) insurance distribution activities | |
Not applicable | Guidance | |
Rule | Guidance - but applies as a rule in relation to insurance distribution activities | |
Not applicable | Guidance | |
Rule | Rule | |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Rule | Rule | |
Guidance | Guidance | |
Rule | Rule in relation to insurance distribution activities . Otherwise not applicable | |
Rule | Guidance – but applies as a rule in relation to: (a) the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 ; and (b) insurance distribution activities | |
Rule | Guidance – but applies as a rule in relation to: (i) the production or arrangement of investment research, or the production or dissemination of non-independent research, in accordance with COBS 12.2 ; and (ii) insurance distribution activities | |
Not applicable | Guidance | |
Rule | Guidance, but applies as a rule in relation to insurance distribution activities | |
Rule in relation to insurance distribution activities | Rule in relation to insurance distribution activities | |
Not applicable | Guidance | |
Guidance | Guidance | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
Not applicable | Not applicable | |
R Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | R Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products | |
Rule | Rule | |
Rule | Rule | |
Guidance | Guidance | |
Rule | Rule | |
Guidance | Guidance | |
