A firm must take reasonable care to establish and maintain such systems and controls as are appropriate to its business.
SYSC 3.1 Systems and controls
SYSC 3.1 Systems and controls
- (1)
The nature and extent of the systems and controls which a firm will need to maintain under SYSC 3.1.1 R will depend upon a variety of factors including:
- (2)
To enable it to comply with its obligation to maintain appropriate systems and controls, a firm should carry out a regular review of them.
- (3)
The areas typically covered by the systems and controls referred to in SYSC 3.1.1 R are those identified in SYSC 3.2. Detailed requirements regarding systems and controls relevant to particular business areas or particular types of firm are covered elsewhere in the Handbook.
Where the UK Corporate Governance Code is relevant to a firm, the appropriate regulator, in considering whether the firm's obligations under SYSC 3.1.1 R have been met, will give it due credit for following corresponding provisions in the code.
A firm has specific responsibilities regarding its appointed representatives or, where applicable, its tied agents (see SUP 12).
SYSC 2.1.3 R (2) prescribes how a firm must allocate the function of overseeing the establishment and maintenance of systems and controls described in SYSC 3.1.1 R.
Competent employees rule
A firm must employ personnel with the skills, knowledge and expertise necessary for the discharge of the responsibilities allocated to them.
When complying with the competent employees rules, a firm must take into account the nature, scale and complexity of its business and the nature and range of financial services and activities undertaken in the course of that business.
SYSC 28 contains rules and guidance on knowledge and competence in relation to insurance distribution activities undertaken by a firm.
If a firm requires employees who are not subject to a qualification requirement in TC to pass a relevant examination from the list of appropriate qualifications maintained by the FCA, the appropriate regulator will take that into account when assessing whether the firm has ensured that the employee satisfies the knowledge component of the competent employees rule.
Insurance distribution activities
A firm carrying on insurance distribution activities must approve, implement and regularly review its internal policies and procedures in respect of its obligations under SYSC 28.
[Note: first paragraph of article 10(8) of the IDD]
SYSC 2.1.6AR prescribes how a firm must allocate the function of ensuring the proper implementation of the policies and procedures approved in accordance with SYSC 3.1.11R.
