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CRD IV for Investment Firms 2 – Implementation October 2013 CP13/12**
Financial Conduct Authority
Consultation Paper
CP13/12**
CRD IV for Investment Firms 2 –
Implementation
October 2013
CRD IV for Investment Firms 2 – Implementation
CP13/12
Contents
Abbreviations used in this document
3
1
Overview5
2
Capital requirements directive: remuneration and capital buffers
10
3
Capital requirements regulation: reporting
17
4
Consequential changes to the Handbook and process requirements
for CRR permissions
24
5
Interaction between AIFMD / UCITS and CRD IV
26
Annex
1 Cost benefit analysis
29
2
Compatibility statement
34
3
List of questions
37
Appendix
1 Draft Handbook text39
Financial Conduct Authority
October 2013
1
We are asking for comments on this Consultation Paper by 10 November 2013.
You can send them to us using the form on our website at: www.fca.org.uk/your-fca/documents/
consultation-papers/cp13-12-response-form.
Or in writing to:
Raul O. Elias
Policy, Risk and Research Division
Financial Conduct Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Telephone:
020 7066 6528
Email:[email protected]
We make all responses to formal consultation available for public inspection unless the respondent
requests otherwise. We will not regard a standard confidentiality statement in an email message as a
request for non-disclosure.
Despite this, we may be asked to disclose a confidential response under the Freedom of Information
Act 2000. We may consult you if we receive such a request. Any decision we make not to disclose the
response is reviewable by the Information Commissioner and the Information Rights Tribunal.
You can download this Consultation Paper from our website: www.fca.org.uk. Or contact our order line
for paper copies: 0845 608 2372.
CRD IV for Investment Firms 2 – Implementation
CP13/12
Abbreviations used in this document
AIF
Alternative Investment Fund
AIFM
Alternative Investment Fund Manager
AIFMD
Directive 2011/61/EU or Alternative Investment Fund Managers Directive
Basel Committee
Basel Committee on Banking Supervision
BCD
Directive 2006/48/EC or Banking Consolidation Directive
BIPRU
Prudential Sourcebook for BIPRU firms
CA
Competent Authority
CAD
Directive 2006/49/EC or Capital Adequacy Directive
CCB
Capital Conservation Buffer
CCyB
Countercyclical Capital Buffer
CEBS
Committee of European Banking Supervisors
Commission
European Commission
COREP
Common Reporting
CP
Consultation Paper
CPM firm
Collective Portfolio Management firm
CPMI firm
Collective Portfolio Management Investment firm
CRD
Current Capital Requirements Directives consisting of BCD and CAD. References in this
CP to current or existing CRD include the amendments introduced by the CRD II and
CRD III legislative packages
CRD II
CRD as amended by Directives 2009/111/EC, 2009/27/EC and 2009/83/EC
CRD III
CRD as amended by Directive 2010/76/EU
CRD IV
CRR and the Directive
CRR
Regulation (EU) 575/2013 or Capital Requirements Regulation or the Regulation –
which forms part of the CRD IV legislative package
Directive
Directive 2013/36/EU – which forms part of the CRD IV legislative package
EBA
European Banking Authority
Financial Conduct Authority
October 2013
3
CP13/12
CRD IV for Investment Firms 2 – Implementation
ECJ
Court of Justice of the European Union
FCA
Financial Conduct Authority
FINREP
Financial Reporting
FOR
Fixed Overhead Requirement
FSA
Financial Services Authority
FSMA
Financial Services and Markets Act
GABRIEL
GAthering Better Regulatory Information ELectronically
GENPRU
General Prudential Sourcebook
IFPRU
Prudential Sourcebook for Investment Firms
IFRS
International Financial Reporting Standards
IPRU(INV)
Interim Prudential Sourcebook: Investment Business
ITS
Implementing Technical Standard
LCR
Liquidity Coverage Ratio
LE
Large Exposures
MIFID
Directive 2004/39/EC or Markets in Financial Instruments Directive
MS
Member State
NSFR
Net Stable Funding Ratio
PRA
Prudential Regulation Authority
SME
Small and Medium-Sized Enterprise – as defined in the Commission Recommendation
2003/361/EC
SUP
Supervision sourcebook
Treasury
Her Majesty’s Treasury
UCITS
Undertaking for Collective Investment in Transferable Securities
XBRL
eXtensible Business Reporting Language
4
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
CP13/12
1.
Overview
Introduction
1.1
The Financial Conduct Authority (FCA) is the competent authority (CA) under the Financial
Services and Markets Act (FSMA) for the prudential regulation of a large number of investment
firms subject to the Capital Requirements Directive (CRD).
1.2
This Consultation Paper (CP) sets out our proposed changes to the FCA Handbook as a result
of the transposition of CRD IV – a major package of reforms to the CRD, the EU’s prudential
requirements regime for credit institutions and investment firms – in relation to the following
policy areas:
• CRD IV remuneration (i.e. limits on bonuses)
• a change to the transitional provision on the Countercyclical Capital Buffer (CCyB)
• reporting
• interaction between the Alternative Investment Fund Managers Directive (AIFMD)/
Undertaking for Collective Investment in Transferable Securities (UCITS) and CRD IV
• further CRD IV consequential changes to the FCA Handbook
• process requirements for new permissions under Regulation (EU) 575/2013 (the Capital
Requirements Regulation, CRR or the Regulation).
1.3
1.4
This CP uses prudential categories as set out in CP13/6. Therefore, we recommend reading this
CP in conjunction with CP13/6.
FCA CRD IV previous consultations
We have published the following consultation papers on CRD IV transposition to date:
• CP13/61 in July 2013: this is the main FCA CRD IV consultation covering a large number of
discretions in the Regulation as well as parts of the Directive 2013/36/EU (the Directive) that
require transposition by the FCA
• Chapter 16 in the Quarterly CP13/92 in September 2013: this covers consequential changes
to the Handbook arising from CP13/6.
1 CP13/6: CRD IV for Investment Firms available at www.fca.org.uk/your-fca/documents/consultation-papers/cp13-06.
2 Chapter 16: Implementing CRD IV for investment firms – consequential changes to the Handbook in QCP13/9 available at
www.fca.org.uk/your-fca/documents/consultation-papers/cp13-09.
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1.5
PRA consultations
The Prudential Regulation Authority (PRA) has also published CP5/13 on CRD IV as it applies
to its authorised firms followed by CP8/13 covering most of the items that we cover in this CP
for FCA firms.
Who does this consultation affect?
1.6
The proposals in this CP apply principally to the following FCA authorised firms:
• investment firms that are currently subject to the CRD, including firms that benefit from the
current exemptions on capital requirements and large exposures for specialist commodities
derivatives firms, and
• management companies – as defined under the UCITS Directive – and Alternative Investment
Fund Managers (AIFMs).
1.7
The proposals in this CP do not apply to credit institutions (banks and building societies) or
investment firms supervised by the PRA.
Is this of interest to consumers?
1.8
In CP13/6 we explained that the objectives underlying CRD IV and the proposals in our CP are
primarily prudential in nature, so they concern the financial risks run by firms themselves.
1.9
While the proposals in this CP have no direct implications for consumers, the enhancements we
expect the CRD IV to bring to the prudential framework should make it less likely that banks
and investment firms will fail, thereby improving stability in the financial sector in general. This
should have positive implications for consumer protection.
Context
1.10
1.11
6
CRD IV and the FCA objectives
CRD IV sets out quantitative and qualitative enhancement to the capital adequacy and for the
first time quantitative liquidity proposals for credit institutions and investment firms. So, our
proposals in this CP are prudential in nature and support our statutory objective of enhancing
the integrity of the UK financial system.
More details on the impact of CRD IV in relation to other FCA’s objectives can be found in
Annex 1 (Cost benefit analysis).
October 2013
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CRD IV for Investment Firms 2 – Implementation
1.12
CP13/12
CRD IV – Background and structure
In CP13/6 we described:
• the background of the current EU bank capital framework – represented by Directives
2006/48/EC (Banking Consolidating Directive or BCD) and 2006/49/EC (Capital Adequacy
Directive or CAD) (both also known as Capital Requirement Directives or CRD), and
• its amendments by CRD II (Directives 2009/111/EC, 2009/27/EC and 2009/83/EC) and CRD
III (Directive 2010/76/EU).
References in this CP to current CRD include the amendments introduced by the CRD II and
CRD III legislative packages.
1.13
CRD IV was presented by the Commission in July 2011 and the final rules were published in the
Official Journal of the European Union on 27 June 2013. CRD IV is divided into two legislative
instruments:
• The Regulation – most of which will be directly applicable and will take effect in all Member
States (MS) without any further action
• The Directive – which MS must transpose into national law.
1.14
1.15
1.16
1.17
We are required to consult in transposing into the FCA Handbook those aspects of CRD IV for
which it is responsible in time for the CRD IV implementation date of 1 January 2014.
Implementation in the UK
The FCA is the competent authority for nearly all investment firms under CRD whereas the
PRA is responsible for credit institutions as well as a number of investment firms ‘designated’
for prudential supervision by the PRA. Accordingly, both the FCA and the PRA are cooperating
closely in the transposition of the CRD IV in the UK in relation to their respective firms.
This CP sets out our proposals for implementing further changes brought about by CRD IV
which can be done through the our Handbook of rules and guidance under existing FSMA
powers. The Treasury intends to publish further consultations for those aspects of the Directive
and the CRR that require either new, or amendments to existing, legislation in a number of
areas to enable the FCA to operate provisions in CRD IV effectively.3 Where relevant we will
take account of the Treasury’s developing work on implementation of CRD IV in deciding how
to finalise our own rules.
FCA’s overall approach to CRD IV transposition
The proposals for consultation in this CP are in line with our approach to CRD IV transposition
– as outlined in Chapter 1 of CP13/6 – that is guided by the following principles:
• ‘legal minimum’: to ensure that our CP delivers the minimum Handbook rules and guidance
that we must put in place for the UK to discharge its legal duty to transpose CRD IV
• ‘intelligent or even strict copy-out’: to avoid placing any additional burdens upon firms
3 The Treasury published a consultation document entitled ‘Capital Requirements Directive 4: consultation on country-by-country
reporting’ in September 2013 available at: www.gov.uk/government/uploads/system/uploads/attachment_data/file/244163/PU1562_
CBCR_1.pdf
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• ‘pragmatic and proportionate’: in general and in respect to current standards, using the more
favourable, or least unfavourable, treatment for firms available under national discretions
and relief under transitional provisions – where allowed by CRD IV and in accordance with
the FCA’s objectives
• ‘minimise the need for changes’ (including systems): and hence minimise the (non-capital)
costs for firms, and
• ‘forward looking’: we are mindful that CRD IV requires the EU Commission to undertake,
by the end of 2015, a review of what should be an appropriate prudential regime for
investment sector firms. So, it provides a suitable opportunity to address any fundamental
issues for such firms arising from CRD IV, which was designed more with banks in mind.
1.18
This CP covers material we are required to transpose from the CRD IV and it has a consultation
period of one month, to be followed by a Policy Statement for all the CRD IV CPs and final rules
later in 2013 to give firms sight of the final rules before 1 January 2014.
Summary of our proposals
1.19
Table 1 sets out the key issues you can find in each chapter of this CP:
Table 1
Chapter
Key content
• CRD IV remuneration changes (limits on bonuses)
Chapter 2 - Capital
Requirements Directive: • Amendments to the transitional provision on the CCyB
Remuneration and
Capital Buffers
Chapter 3 - Capital
Requirements
Regulation: Reporting
Our proposals and key messages on:
• introducing a FINREP notification rule
• how we will make operational COREP/FINREP
• which FSA0xx templates will IFPRU firms continue to submit
• the Handbook changes to SUP 16.12 and SUP 16.16 on supervisory
reporting
• our approach in transitioning existing SUP 16.12 reporting waivers
• supervisory reporting for BIPRU firms and exempt commodities firms
Chapter 4
-Consequential
changes to the
Handbook and process
requirements for new
CRR permissions
Our proposals on consequential changes to the following Handbook modules:
• Glossary of definitions
• General Prudential Sourcebook (GENPRU)
• Senior Management Arrangements, Systems and Controls
sourcebook (SYSC)
• Fees Manual (Fees)
• Prudential Sourcebook for Investment Firms (IFPRU)
Our key messages and consultation on process requirements for new
CRR permissions
8
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Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
Chapter
Key content
Chapter 5 -Interaction
between AIFMD/UCITS
and CRD IV
• Own funds, initial capital and fixed overheads requirements (FOR)
• Prudential requirements for Collective Portfolio Management
Annex 1
1.20
CP13/12
Investment firms
• Changes to reporting forms
• Cost benefit analysis
Equality and diversity considerations
We have assessed the likely equality and diversity impacts of the proposals and our assessment
concluded that they do not give rise to any concerns. But we would welcome your comments.
Next steps
1.21
What do you need to do next?
Please send us your comments and/or responses to the questions on our proposals by
10 November 2013.
1.22
What will we do?
We will consider your feedback to this CP and publish a policy statement later in 2013 so firms
have the final rules available before 1 January 2014.
1.23
We may, however, need to consult further on issues linked to the Treasury or following
subsequent guidelines and/or technical standards from the EBA (to the extent permitted by
EU law).
1.24
Our proposals in this CP trigger consequential changes to other parts of our Handbook. Most
of these are relatively minor, for example, amending cross references between sourcebooks.
Although we have tried to identify all the consequential changes in this CP, there may be a
need to consult on some of them at a later stage either through a quarterly CP or by other
means. We will also give further information on timing.
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2.
Capital Requirements Directive:
remuneration and capital buffers
Introduction
2.1
This chapter sets out our proposals on:
• CRD IV remuneration changes
• amendments to the transitional provision on the Countercyclical Capital Buffer.
Remuneration
2.2
We set out below our proposals on the new CRD IV requirements in relation to the variable
elements of remuneration. These are the:
• limits between the fixed and variable component of the total remuneration (‘limits
on bonuses’)
• areas of national discretion to set up stricter measures, and
• use of the principle of proportionality in relation to the limits on bonuses.
2.3
The CRD IV regime will be supplemented by guidelines and technical standards to be issued by
the EBA. These would cover:
• guidelines on sound remuneration policies
• draft regulatory technical standards (by 31 March 2014) setting out criteria to identify
categories of staff whose professional activities have a material impact on the institutions
risk profile and therefore are subject to the remuneration provisions4, and
• further guidelines and draft technical standards referred to under each subject below.
Therefore, we may need to consult further on some of these items at a later stage (to the extent
permitted by EU law).
4 The EBA issued a ‘Consultation on draft Technical Standards for the definition of material risk takers for remuneration purposes’ on
21 May 2013 (available at the EBA website: www.eba.europa.eu/-/consultation-on-draft-technical-standards-for-the-definition-ofmaterial-risk-takers-for-remuneration-purposes).
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Background
CRD IV reproduces to a large extent the remuneration provisions introduced by CRD III. In
CP13/6 we consulted on how to transpose the Directive articles that carry across provisions on
remuneration from CRD III into SYSC 19A: The Remuneration Code and the General Guidance
on Proportionality – where appropriate.
2.4
2.5
However, as we said in CP13/6, we were not consulting on the new policy changes on the
variable elements of remuneration incorporated by CRD IV in the Directive at that time because
we were considering with the Treasury how to take these issues forward.
2.6
The UK government has now lodged a legal challenge with the Court of Justice of the European
Union (ECJ) on the new CRD IV remuneration provisions in relation to the limits on bonuses.
Notwithstanding this - and as the Government acknowledged in its News Release5 – given our
obligations under European law, we will still proceed to transpose the Directive provisions on
the limits on bonuses. However, dependent upon any subsequent ruling from the ECJ, the FCA
may need to consider any necessary amendments to our rules in due course.
2.7
New CRD IV requirements on remuneration
We set out below the key features of these CRD IV policy changes and our policy proposals for
consultation:
2.8
Limits on bonuses
The most significant policy changes on remuneration in CRD IV are the limits to the variable
component of remuneration (in article 94(1)(g) of the Directive). These are:
• The basic ratio between the variable and fixed components of total remuneration that can
be paid to a staff member subject to the remuneration provisions that is capped at 1:1
(article 94(1)(g)(i) of the Directive).
We propose to copy out this Directive requirement into SYSC 19A: The Remuneration Code.
• The basic ratio can be increased to 2:1 subject to the approval of shareholders, owners or
members of the institution. This approval requires the support of at least 66% of the shares
or equivalent ownership rights represented, provided that at least 50% of the total shares
or equivalent ownership rights are represented. If the latter condition is not met, at least
75% of the shares or ownership rights represented must support the proposition (article
94(1)(g)(ii) of the Directive).
We propose to apply this discretion by allowing the higher percentage with shareholder
approval, subject to meeting the required conditions, which we propose to simply copy-out
from the Directive into our rules.
5 The news release published by the Treasury is available at www.gov.uk/government/news/legal-challenge-launched-into-new-ruleson-bankers-pay.
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CP13/12
Q1: Do you agree with our proposed approach to apply
this discretion by allowing the higher percentage with
shareholder approval subject to the required conditions
in the proposed rules being met? If not, please explain
why not and propose alternative approaches and the
rationale for those approaches.
2.9
For the purposes of the above limits, a discount rate can be applied to a maximum of 25% of
total variable remuneration if it is paid in instruments deferred for a period of not less than five
years. The EBA is expected to issue draft guidelines by 31 March 2014 on the applicable notional
discount rate taking into account all relevant factors such as inflation rate and risk, which
includes length of deferral. The EBA guidelines will also need to consider how to incentivise the
use of instruments which are deferred for a period of not less than five years.
We propose to exercise this discretion by allowing firms to apply a discount rate to a maximum
of 25% of total variable remuneration provided the required conditions in the proposed rules
are met (and subject to the future EBA guidelines – as appropriate).
Q2: Do you agree with our proposed approach to exercise
this discretion by allowing firms to apply a discount rate
to a maximum of 25% of total variable remuneration
provided the required conditions in the proposed rules
are met (and subject to the future EBA guidelines – as
appropriate)? If not, please explain why not and propose
alternative approaches and the rationale for those
approaches.
2.10
2.11
Our proposed text for consultation on the above proposals can be found in the draft instrument
included in Appendix 1.
Areas of national discretion to set up stricter requirements
The Directive also includes the following areas of national discretion where Member States (and
the CA in the case of the last discretion) may set up stricter requirements:
• lower the upper limit set for bonuses (article 94(1)(g)(i) and (ii) of the Directive)
• lower the maximum percentage of total variable remuneration to be discounted (article
94(1)(g)((iii) of the Directive)6, and
• place restrictions or prohibit certain types of deferred instruments (article 94(1)(l) of the
Directive). The EBA is expected to issue draft regulatory technical standards by 31 March
2014 regarding specifying the types of instruments appropriate to be used for paying
variable remuneration.7
2.12
We propose not to apply these discretions to set up stricter limits/requirements in line with our
overall approach to CRD IV transposition.
6 It is only relevant to consider this discretion if the initial discretion mentioned in Paragraph 2.9 above (to allow discounting)
is exercised.
7 The EBA issued a ‘Consultation Paper on classes of instruments that are appropriate to be used for the purposes of variable
remuneration’ on 29 July 2013 (available at the EBA website: www.eba.europa.eu/documents/10180/361860/EBA-CP-2013-32instruments-for-variable-remuneration.pdf).
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Q3: Do you agree with our proposed approach not to
exercise the national discretions to apply stricter
measures on bonuses? If not, please explain why not and
propose alternative approaches and the rationale for
those approaches.
2.13
Use of proportionality
The remuneration rules under CRD III already includes the principle of proportionality that is
currently applied through our framework for investment firms and in particular in relation to
rules regarding retained shares, deferral and performance adjustment (reflecting current BCD
and previous CEBS Guidelines).
2.14
Under CRD IV the principle of proportionality has been maintained in the Directive (see articles
92(2) and 94(1)) while the intent is clearly explained in recital 66 that states: ‘The provisions of
this Directive on remuneration should reflect differences between different types of institutions
in a proportionate manner, taking into account their size, internal organisation and the nature,
scope and complexity of their activities. In particular it would not be proportionate to require
certain types of investment firms to comply with all of those principles’.
2.15
Therefore, we have taken the view that the principle of proportionality would also apply to
the limits on bonuses. This means that investment firms could potentially be excluded from
its application based on their size, internal organisation and the nature, the scope and the
complexity of their activities.
2.16
We propose to apply the principle of proportionality by using the existing levels in our General
Guidance on Proportionality under our current implementation of the CRD III remuneration
provisions through the Remuneration Code. Our proposed text for consultation can be found
in paragraph 29 of the General Guidance on Proportionality in Appendix 1. We set out below
the effects of this proposed approach depending on the proportionality levels.
2.17
Level 1 (assets exceeding 50bn) and Level 2 (assets between 15bn and 50bn) ‘full scope
investment firms’. These firms are expected to normally apply the limits on bonuses. However,
at present there are no firms prudentially supervised by the FCA in these levels.
2.18
Level 3 investment firms (that could be ‘full scope’, ‘limited licence’ or ‘limited activity’ depending
on their permissions8). At present, all investment firms subject to CRD IV prudentially regulated
by the FCA are in level 3. Within the current CRD investment firm population, for each ‘activity’
type of investment firm in level 3 there is a concentration of a small number of large investment
firms and a significant number of small and medium sized investment firms.
Given the above, our policy proposals in this area should provide for flexibility depending on
the different level of risk posed by individual firms. Therefore, we propose that the FCA should
have the ability:
a. To cover the situation of the greater number of smaller investment firms that broadly pose a
lesser degree of risk, by providing guidance that would allow them to normally disapply the
limits on bonuses on the grounds of proportionality. We are consulting on general guidance
in paragraph 29 of the General Guidance on Proportionality. However, even for firms relying
on this guidance, if requested by the FCA, we would expect a firm’s senior management
to be able to demonstrate why it believes it is reasonable to disapply the limits on bonuses
based on proportionality.
8 For the definitions of ‘full scope’, ‘limited licence’ or ‘limited activity’ investment firms, please see Glossary in Appendix 1 to CP13/6.
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b. To be able to require the application of the limits on bonuses to those firms that could
potentially pose a greater degree of risk, in cases where the FCA does not agree with
any senior management’s view that proportionality is appropriate for the firm in particular
to disapply the limits on bonuses. This could be done through individual guidance under
existing powers.
2.19
We believe this meets the legal minimum for the purposes of CRD IV transposition and we will
keep our remuneration policy under review in light of other regulatory developments that may
impact in future.
2.20
Table 2 illustrates in simple form the effects of our proposals:
Table 2
Proportionality
level
Type of firm
Total assets
– where
applicable
Would it be normally appropriate
for a firm to apply the specific
ratios between fixed and variable
components of total remuneration?
Level 1
IFPRU 730k full
scope investment
firm
Exceeding £ 50bn
Yes
Level 2
IFPRU 730k full
scope investment
firm
£ 15bn to £ 50bn
Yes
Level 3
Not applicable
Full scope IFPRU
investment firm
(that does not fall
in levels 1 or 2)
IFPRU limited
licence
Not applicable
IFPRU limited
activity
Not applicable
No
(see note 1)
Note 1: For these types of firms:
• the general guidance would allow them to disapply the limits on bonuses based on
proportionality. However, if requested by the FCA, the FCA will expect the firm’s senior
management to be able to demonstrate why it believes it is reasonable to disapply the cap to the
firm in the light of the remuneration principles proportionality rule.
• the FCA also has the power to decide that a particular firm should be applying the limits on (e.g.
because we thought it was more complex etc.) – and where necessary we would do this through
individual guidance.
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2.21
CP13/12
Firms that are part of a group
We do not propose to change the existing guidance where a firm is part of a group. Therefore,
where a group has individual firms that would otherwise fall into different proportionality levels,
then each firm is put into the highest proportionality level. For example, where a group has an
investment firm in level 3 and another in level 1, then all are treated as if they were in level 1
by application of the current Guidance on Proportionality. In this example, the effect is that all
of them are expected to normally apply the limits on bonuses. However, in such situation, the
level 3 firm could still apply for a change in the proportionality level and the FCA could issue
individual guidance to ‘re-tier’ the level 3 firm after considering the particular circumstances.
Q4: Do you agree with our proposed approach to use
proportionality in relation to the application of the
provisions on limits on bonuses by using the existing
levels in our General Guidance on Proportionality under
our current implementation of the CRD III remuneration
provisions through the Remuneration Code? If not,
please explain why not and propose alternative
approaches and the rationale for those approaches.
2.22
Application of remuneration provisions at group level
It is important to note that under article 92(1) of the Directive, the FCA has to apply the
provisions on:
• remuneration policies, including the principle of proportionality (article 92(2))
• institutions that benefit from government intervention (article 93)
• variable elements of remuneration, including the limits on bonuses (article 94), and
• remuneration committee (article 95)
at group, parent company and subsidiary levels.
2.23
These CRD IV articles:
• reproduce existing CRD III remuneration provisions that we have carried across into SYSC
19A and that we have already consulted in CP13/6, and
• include new CRD IV provisions i.e. limits on bonuses that we are consulting on in this
Chapter.
2.24
2.25
New CRD IV remuneration requirements and BIPRU firms
In CP13/6 we consulted on our proposals to (i) exercise the discretion in the CRR article 95(2) to
retain current CRD rules on own funds requirements (Pillar 1); and (ii) retain current CRD rules
on Pillar 2, disclosure and systems and control requirements in SYSC in relation to the newly
defined ‘BIPRU firms’. More details can be found in chapter 6 of CP13/6.
As indicated in paragraph 6.10 of CP13/6, with regards to remuneration this means that we
intend to retain the current CRD III rules in force in SYSC including the Remuneration Code, but
without the new CRD IV material such as the limits on bonuses.
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Change to the transitional provision on the Countercyclical Capital Buffer
16
2.26
CP13/6 consulted on the implementation of the CCyB. Under IFPRU Transitional Provision 7 (as
consulted on in CP13/6), the proposed text in the draft legal instrument states that the CCyB
does not come in to effect until 2016. This was based on the assumption that the CCyB rate
would be 0% during 2014 and 2015.
2.27
However, to allow the UK designated authority (to be determined by the Treasury) flexibility should
it want to accelerate the introduction of the CCyB, we propose to amend this rule to come in to
effect on 1 January 2014. The new proposed rules require firms to apply the CCyB rate specified
by the UK designated authority, rather than a rate pre-determined in the FCA Handbook.
2.28
We are not aware of any intention to accelerate the implementation of the CCyB. However,
this change is intended to allow the FCA to effectively implement any rate subsequently
to be determined by the UK designated authority. Accordingly, we view this as a technical
amendment rather than a policy change.
October 2013
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CRD IV for Investment Firms 2 – Implementation
CP13/12
3.
Capital Requirements Regulation: reporting
Introduction
3.1
This chapter sets out our reporting proposals for IFPRU firms as a result of the introduction of
the frameworks for Common Reporting (COREP) and Financial Reporting (FINREP) in CRD IV.
In particular:
• introducing a FINREP notification rule
• how the FCA will make operational COREP/FINREP
• which FSA0xx templates IFPRU firms will continue to submit
• the SUP 16.12 and SUP 16.16 supervisory reporting Handbook changes including related
guidance
• our approach in transitioning existing SUP 16.12 reporting waivers, and
• reminding BIPRU firms (i.e. those firms subject to the discretion in article 95(2) of the
Regulation) and exempt commodities firms that they will remain on FSA0xx templates.
Background
3.2
Article 99 of the CRR introduces a new EU-wide supervisory reporting framework for FINREP
and COREP that applies to IFPRU investment firms. COREP covers, among other things, capital
requirements, own funds and liquidity reporting whereas FINREP covers consolidated financial
reporting. The introduction of COREP and FINREP will change how IFPRU investment firms
report prudential supervisory information to the FCA. COREP will apply from 1 January 2014,
whereas FINREP will apply from 1 July 2014.
3.3
Article 99(5) of the CRR requires the EBA to devise Implementing Technical Standards (ITS) on
supervisory reporting. The EBA published the final draft ITS on reporting in July 2013. The draft
ITS details the scope of COREP/FINREP reporting templates, the format of templates, template
completion instruction, the frequency of reporting for each template, and reporting submission
dates. The draft ITS was published a few days before CP13/6, so we said in our CP that we
would provide more detail on CRD IV regulatory reporting requirements in our subsequent
CRD IV CP.
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3.4
The introduction of COREP and FINREP will present considerable change for IFPRU investment
firms reporting prudential information to the FCA. To help FCA firms manage the introduction
of COREP/FINREP, we see this CP as an outlet to communicate some key information on how
we will implement and make operational CRD IV regulatory reporting. We recognise that we
cannot provide firms with guidance on what is a regulation that is directly binding on firms (i.e.
there is nothing for the FCA to ‘consult’ on its content).
3.5
However, to incorporate CRD IV regulatory reporting into the FCA we are consulting in this CP on:
• a FINREP notification rule – this will be used to identify and schedule FINREP reporting firms
• retaining some FSA0xx templates that will not be replaced by the introduction of COREP
templates, and
• our changes to the supervisory reporting rules in SUP 16.12 and SUP 16.16.
FINREP - notification rule and accounting reference date
18
3.6
All IFPRU investment firms will have to complete COREP templates but not all IFPRU investment
firms will have to complete FINREP templates for consolidated financial reporting. IFPRU
investment firms will need to refer to article 99 of the CRR and the ITS on reporting to establish
whether they are a FINREP reporting firm, and which COREP and FINREP reporting templates
apply to them. Firms that do not have to complete FINREP templates will have to submit
the FSA001 and FSA002 templates. Furthermore, firms that complete FINREP templates for
consolidated reporting will also have to complete FSA001 and FSA002 for solo reporting.
3.7
We propose a notification rule (see IFPRU 1.1A in the Appendix) so that firms that satisfy the
FINREP criteria in article 99 of the CRR must notify us that they are a firm that will have to
submit FINREP templates. The notification rule will help with automated scheduling of FINREP
templates to affected firms. Equally (IFPRU 1.1A in the Appendix) requires firms to notify us if
the firm is no longer a FINREP reporting firm. By proposing this notification rule we will be able
to undertake the necessary operational procedures to place the FINREP reporting requirement
onto a firm’s GABRIEL schedule and to remove the FINREP reports from GABRIEL when a firm
ceases to report under FINREP.
3.8
We do not envisage that the FCA FINREP firm population will be very high and so the cost
of this notification rule should be extremely low. We believe that whether a firm has legal
requirement under the Regulation to submit FINREP templates is very dependent upon its
individual circumstances which firms are best placed to determine themselves. Accordingly, an
alternative approach would be to schedule FINREP to all IFPRU firms, but this approach is very
likely to lead to considerable numbers of firms having to submit nil returns.
October 2013
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CRD IV for Investment Firms 2 – Implementation
3.9
CP13/12
Article 2(3) of the draft ITS on reporting allows institutions to report their financial information
based on an accounting year-end that deviates from the calendar year where this is permitted
by national laws. The FCA permits firms to report their financial information based on an
accounting reference date that differs from the calendar year end. As a result, IFPRU firms
will be able to submit FINREP templates using an alternative accounting reference date to the
calendar year-end. Affected firms will have to notify us of their intention to do this as part
of the FINREP notification rule. To avoid doubt, the use of an alternative reporting date only
applies to FINREP templates. The draft ITS on reporting specifies the reporting reference dates
for COREP templates.
Q5: Do you agree to the introduction of a FINREP notification
rule? If not, please could you suggest alternatives?
How the FCA will make operational COREP/FINREP?9
3.10
COREP/FINREP scheduling will continue to take place via GABRIEL. Firms will receive COREP/
FINREP scheduling notices at a module level. These modules are technically known as “entry
points” and there are different entry points for solo and consolidated reporting. The modules are:
• COREP
–– Own Funds and Leverage (includes immovable property losses)
–– Large Exposures (LE)
–– Liquidity Coverage Ratio (LCR)
–– Net Stable Funding Ratio (NSFR)
• FINREP
–– A single entry point
3.11
A firm’s schedule will show the module with the appropriate reporting basis. For example, if a
firm is subject to the Large Exposure regime as part of a consolidation group, then they will see
“COREP LE Consolidated” on their schedule. Because the CRR is directly binding on firms, it is
for each firm to establish any reporting obligations that may arise under the CRR.
9 This section is based on the EBA’s current consultation on the Data Point Model and Taxonomy and how entry points/modules are
categorised. As a result, it is possible that the entry points and module breakdown could be subject to change, which we would
then reflect in our own approach.
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3.12
Our implementation of COREP/FINREP scheduling means that for:
• Firms subject to reporting Own Funds under CRR article 99, the reporting schedules will
specify COREP Own Funds and Leverage.
• Firms subject to reporting Large Exposures under CRR article 394, the reporting schedules
will specify COREP LE.
• Firms subject to Financial Reporting under CRR article 99 the reporting schedule will
specify FINREP.
• Firms subject to Liquidity reporting under CRR article 415 the reporting schedule will specify
COREP LCR and COREP NSFR.
• Firms reporting Losses stemming from lending collateralised by immovable property
according to article 101 on the frequency described within article 12 of the draft Reporting
ITS, the reporting will be included within the COREP Own Funds and Leverage submission.
• Firms where Leverage Ratios under CRR article 430 apply, the reporting will be included
within the COREP Own Funds and Leverage submission.
3.13
It is important to note that:
• COREP and FINREP templates have different reporting frequencies (quarterly, semi-annual or
annual). As a result, firms may submit a single return for a reporting period which contains
more or less data than the previous reporting period.
• Certain COREP and FINREP templates are only completed if specified entry and exit criteria
thresholds are breached (article 4 of the draft ITS on reporting). Consequently, depending
on whether the thresholds have been breached or not, firms may submit a single return for
a reporting period with more or less data compared to a previous reporting period.
3.14
We have stated for some time that we intend to collect COREP and FINREP data from firms using
a reporting language called eXtensible Business Reporting Language (XBRL). The compliance
costs to firms of introducing COREP/FINREP were covered in Annex 1 to CP13/6. We consider
that XBRL is the most appropriate format to satisfy the requirements in the ITS on reporting in
particular taking into account that the EBA has indicated they would maintain a formal data
model as well as XBRL taxonomies that incorporate the requirements of the draft ITS.
Which FSA0xx reporting templates will IFPRU firms continue to submit?
3.15
20
Table 3 illustrates how the introduction of COREP/FINREP will impact on existing FSA0xx
reporting templates. The outcome is that IFPRU firms will be submitting COREP/FINREP
templates and some FSA0xx reporting templates.
October 2013
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CRD IV for Investment Firms 2 – Implementation
CP13/12
Table 3
FSA0xx data items
replaced by COREP/FINREP
for IFPRU Firms
FSA0xx data items that
remain for IFPRU Firms but
application differs
FSA0xx data items
unaffected by COREP/FINREP
COREP Own Funds
FSA045 - IRB Portfolio Data:
Guidance will change.
FSA001 - Balance Sheet (see
note 1)
FSA003 - Capital Adequacy
replaced by COREP CA
FSA018 – UKIGs Large
FSA004 - Credit Risk replaced by exposures: Guidance will change
as this will be applied to entities
COREP CR
with Core UK Group and NonFSA005 - Market Risk replaced
Core LE Group Waiver.
by COREP MKR
FSA002 - Income Statement
(see note 1)
FSA007 - Operational Risk
replaced by COREP OR
FSA015 - Sectoral analysis
FSA028 - Non EEA Sub groups
replaced by COREP GS
FSA017 - Interest rate gap
FSA045 - IRB Portfolio Data
replaced by COREP CR IRB
LIQUIDITY
FSA046 – Securitisation
replaced by COREP CR SEC
FSA058 – Securitisation replaced
by COREP MKR SEC
COREP LE
FSA008 - Large Exposures
replaced by COREP LE
FINREP
FSA006 - Market Risk
(supplementary):
FSA014 - Forecast data
FSA016 - Solo consolidation
FSA019 - Pillar 2 Questions
FSA011, 047 – 055 (inclusive)
(see note 2)
OTHER
SUP 16.16 – Prudent Valuation
All other data items not
explicitly mentioned are
unaffected, for example,
FSA029 to 042, FSA056 and
057, MLAR and RMAR.
FSA001 Balance Sheet
FSA002 Income Statement
Note 1: Solo reporting remains for all IFPRU firms, but FSA001 and FSA002 are only reported on a
consolidated basis where the firm is not subject to reporting FINREP.
Note 2: These will remain until the CRR harmonised liquidity policy is introduced.
3.16
The following impacts are worth noting:
• FSA006 – The Market Risk supplementary template is completed by all FCA firms with
market risk internal models. The template records specific information to enable the
supervisory authority to monitor the quality of firms’ models. There is no equivalent COREP
template and so this template will remain.
• Prudent Valuation Return - Very large FCA ‘full scope’ investment firms have to submit the
prudent valuation return. There is currently no equivalent COREP reporting template and so
this template will remain.
• FSA018 – This captures information on large exposures from a core UK group to a noncore large exposures group. There is no equivalent COREP template. We propose retaining
FSA018, but in future this reporting template would only apply to firms that have both a
core UK group and a non-core large exposures group. FSA018 guidance will be amended
to reflect this change of scope of application.
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• FSA045 - This is completed by firms that have an IRB internal model for credit risk. In
contrast to the COREP CR template which combines counterparty and credit risk data when
reported at grade level, FSA045 splits data between credit risk and counterparty credit risk.
We propose retaining this reporting template and we are making some minor amendments
to the guidance.
3.17
The number of IFPRU firms affected by the retention of any or all of the reporting templates
FSA006, FSA018, FSA045 and the prudential valuation return are extremely low, so we envisage
that cost to firms of retaining these templates is minimal.
Q6: Do you agree with our proposals for relevant IFPRU
firms to continue submitting some or all of the reporting
templates FSA006, FSA018, FSA045 and the prudent
valuation return? If not, please explain which reporting
templates and why?
3.18
It should be noted that, although FSA005 is being replaced by COREP MKR, FSA005 requires
firms to report data on the Risks-Not-In-VaR (RNIV) capital add-ons. RNIV is not covered by
COREP and so we would wish to continue this policy. We believe that it is more appropriate
to include RNIV reporting in another FSA0xx reporting template than FSA005, and so we will
consult on where we propose to relocate RNIV data at a later date. Currently, there are no FCA
firms completing the RNIV cells, so there is no impact in deleting the RNIV cells from FSA005.
3.19
We envisage that firms will submit COREP/FINREP using one of the 7 currencies outlined in SUP
16 Annex 25G. If that is not the case please let us know in your consultation response.
Transitioning existing SUP 16.12 reporting waivers
3.20
We have identified a number of firms, that will be subject to IFPRU, with waivers granted in
relation to SUP 16.12 rules that would continue post-2013. Since COREP and FINREP will be
introduced from 1 January 2014, these waivers will cease to have effect on 31 December 2013.
Given the small number of firms involved, we will be contacting them directly to manage
this process.
SUP 16.12 and SUP 16.16 supervisory reporting Handbook changes including related
guidance
22
3.21
The introduction of COREP/FINREP creates numerous changes to Chapter 16 (Reporting
Requirements) of the Supervision module of the FCA Handbook (SUP 16.12). The proposed
amendments to SUP 16.12 are included in Appendix 1. The key amendment is that COREP and/
or FINREP now appears in columns for IFPRU firms where COREP/FINREP templates replace
existing FSA0xx templates. However, we remind IFPRU firms that they must refer to the CRR
and the ITS on reporting to establish all of their reporting obligations.
3.22
SUP16.16 has also been updated with minor amendments being proposed to incorporate new
CRR article cross-referencing.
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
3.23
CP13/12
In this CP, we consult on the guidance on FSA018 and FSA045 (see paragraph 3.16) but
firms should note that there are other similar consequential changes to SUP 16 Annex 25G
and SUP 16 Annex 31BG to reflect the reporting proposals in this Chapter which will be
addressed consequently.
Q7: Do you agree with the changes proposed to SUP 16.12,
SUP 16.16 and guidance in SUP 16 Annex 25? If not,
please explain why?
BIPRU firms and exempt commodities firms
3.24
We remind BIPRU firms that under our proposals in CP13/6, from 1 January 2014 they will
continue using GABRIEL to submit FSA0xx reporting templates because COREP and FINREP are
designed to report CRD IV elements.
3.25
Additionally, exempt IFPRU and exempt BIPRU commodities firms will continue to report FSA0xx
reporting templates.
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4.
Consequential changes to the Handbook and
process requirements for CRR permissions
Introduction
4.1
This chapter sets out our proposals on:
• consequential amendments to the Handbook arising as a result of the transposition of
CRD IV, and
• process requirements for new CRR permissions.
Consequential changes to the Handbook
4.2
We propose to amend the Handbook modules listed below as a result of consequential changes
arising from the transposition of CRD IV:
• Glossary of definitions
• General Prudential Sourcebook (GENPRU): changes to GENPRU 3 (Cross sector groups)
• Systems and Controls (SYSC): changes to the application provisions
• Fees Manual (Fees): minor changes, and
• Prudential Sourcebook for Investment Firms (IFPRU): clarifications to guidance.
4.3
The text of the proposed amendments, and the statutory powers they will be made under, can
be found in Appendix 1.
4.4
The changes we are proposing to the relevant modules of the FCA Handbook are as a direct
result of the changes imposed by implementing CRD IV. In CP13/6, we set out the costs and
benefits of implementing CRD IV, assuming the need to make these proposed consequential
changes to the FCA Handbook. We do not believe these consequential changes will add any
significant costs or benefits to those expected from CRD IV as assessed in CP13/6.
Q8: Do you agree with the proposed consequential changes
to the Glossary and Handbook modules as set out in this
section? If not, please indicate what other consequential
changes you deem necessary why.
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CP13/12
Process requirements for CRR permissions
4.5
In CP13/6, we consulted on proposals for exercising the national discretions afforded to
competent authorities under the CRR. These would allow firms to apply for, and the FCA to
grant, ‘CRR permissions’ under the applicable criteria in the Regulation.
4.6
This section:
• communicates the key features of the process requirements for new CRR permissions, and
• consults on a notification rule – as part of such procedure.
4.7
Key features of the process requirements for new CRR permissions
In CP13/6, we indicated that we are working to ensure that suitable processes were in place for
the new CRR permissions, liaising with the Treasury as appropriate.
4.8
We intend to implement a process whose key features would be:
• Firms will submit an application to the FCA using the relevant form(s).
• The FCA will assess applications against the applicable criteria in the CRR and the provisions
in IFPRU (to the extent permitted under European law).
• The FCA will issue a CRR permission notice if the application were approved, or notify the
applicant the reasons for refusal.
• The FCA intends to publish details of all the CRR Permissions it approves, unless it is satisfied
that it would be inappropriate or unnecessary to do so.
4.9
This process is intended to apply from 1 January 2014. Details of the process requirements for
new CRR permissions and the application forms will be published on our website in due course.
4.10
It is important to note that the key features of the above process are similar to those currently
applicable to waivers set out in our Handbook. However, since the new CRR permissions derive
from the Regulation, we have been liaising with the Treasury so that the FCA as competent
authority has the necessary powers to implement such a process. It is expected that the Treasury
will include these powers for the competent authorities in Regulations that it will make later
this year.
4.11
4.12
Notifications
We proposed to consult on a notification rule to ensure that a firm that has applied for, or
has been granted, a CRR permission notifies the FCA immediately if it becomes aware of any
matter which could affect the continuing relevance or appropriateness of the application, the
CRR permission or any condition to which the CRR permission is subject.
The content of the proposed notification rule that would apply to CRR permissions is consistent
with, and substantially similar to, the current rule in SUP 8.5.1R (Notification of altered
circumstances relating to waivers) that applies to waivers in our Handbook.
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5.
Interaction between AIFMD/UCITS and CRD IV
Background
5.1
In PS13/510 implementing the AIFMD, we set out the capital, professional indemnity insurance,
liquid assets and financial reporting requirements that apply to CPM firms and CPMI firms.
5.2
CPM firms i.e. those that undertake collective portfolio management of AIFs, UCITS or both,
but do not provide any MIFID services were made subject to IPRU(INV) chapter 11. For this
purpose, a CPM firm includes a full scope UK AIFM that is an internally managed AIF.
5.3
CPMI firms i.e. those that undertake external collective portfolio management of AIFs, UCITS or
both and provide MIFID services (as permitted by AIFMD and the UCITS directive) were made
subject to GENPRU and BIPRU for their MIFID investment business.
5.4
The capital requirements in AIFMD and the UCITS directive incorporate references to CRD III.
As a result of the replacement of CRD III by CRD IV, we must amend these requirements to
reflect the new definitions of initial capital, own funds and the FOR. Additionally, the capital
reporting forms for both CPM and CPMI firms will have to be revised to take into account the
implementation of CRD IV.
Own funds, initial capital and fixed overheads requirements
5.5
CPM and CPMI firms must meet capital requirements as specified in article 9 of the AIFMD and/
or article 7 of the UCITS directive. These requirements include references to initial capital, own
funds and the FOR by reference to CRD III.
5.6
Article 163 of the Directive repeals CRD III and updates references in CRD III to the Directive
and the CRR. We therefore must replace the CRD III references in IPRU(INV) chapter 11 with the
equivalent ones under CRD IV and the EU CRR.
5.7
In accordance with article 28(1) of the Directive, initial capital is the amount of own funds
referred to in article 26(1)(a) to (e) of the CRR. Own funds has the meaning in article 4(1)(118)
of the CRR. These references replace the detailed computation of initial capital and own funds
in Table 11.4 in IPRU (INV) Chapter 11.
5.8
The FOR is the amount specified in article 97 of the CRR, which we have replicated as IPRU
(INV) 11.3.3AEU (own funds based on fixed overheads). This replaces the text currently included
as 11.3.4R to 11.3.10G, which we are proposing to delete.
10PS13/5 ‘Implementation of the AIFMD’ available at: www.fca.org.uk/your-fca/documents/ps13-5-implementation-of-the-aifmd.
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CP13/12
CPMI firms
5.9
With regard to the prudential requirements that apply to CPMI firms – those that are subject to
AIFMD or UCITS, and CRD, in PS13/5 we said that we would apply the requirements of the CRD
III to the MIFID investment business of these firms. As a result of the replacement of CRD III by
CRD IV, we propose to apply the requirements of CRD IV to the MIFID investment business of
CPMI firms, except where we have discretion to continue applying the requirements of CRD III.
5.10
If the MIFID investment business of the CPMI firm meets the criteria under the discretion in
article 95(2) of the CRR, then it will be subject to CRD III as transposed in GENPRU/BIPRU (as
of 31 December 2013) – if our proposals for exercising this discretion in relation to the newly
defined ‘BIPRU firms’, as set out in Chapter 6 of CP13/6, were accepted.
The investment business of a BIPRU firm is broadly limited to portfolio management and/or the
execution of orders on behalf of clients, without holding client assets or safeguarding assets in
respect of that investment business. Since the AIFMD and UCITS directive do not permit AIFMs
or UCITS management companies to engage in the execution of orders on behalf of clients,
this activity is not relevant to CPMI firms. Therefore, these firms may only benefit from this
discretion in article 95(2) of the CRR if they were carrying out portfolio management without
holding client assets.
5.11
However:
• if a CPMI firm is carrying out safe-keeping and administration in relation to shares or units
of collective investment undertakings in respect of its MIFID investment business, it will also
be an IFPRU firm, and
• the other permitted MIFID activities for CPMIs such as investment advice or the reception
and transmission of orders in relation to financial instruments (for AIFMs only) would be
permissible for this type of firm without triggering CRD IV requirements.
5.12
If a CPMI firm is not able to benefit from article 95(2) of the CRR, then it will be subject to the
CRR and to the Directive as transposed in IFPRU.
5.13
We propose to set out the AIFMD/UCITS requirements for CPMI firms in IPRU (INV), (rather
than in GENPRU where they are at present). This means that each type of CPMI firm must
comply with IPRU(INV) for their AIFMD/UCITS business, and either the CRR/IFPRU or GENPRU/
BIPRU for their MIFID investment business (although the latter sourcebooks will generally only
apply to the credit risk or market risk requirements arising from its investment business). We
have proposed to add guidance in IPRU(INV) 11.6, which explains this.
5.14
This ‘parallel’ approach has the benefit of allowing those CPMI firms within the scope of the
discretion in article 95(2) of the CRR to apply the potentially less onerous requirements under
CRD III.
Q9: Do you agree with our proposed implementation
of the consequential amendments to the prudential
requirements for CPM firms and CPMI firms?
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October 2013
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5.15
In PS13/5 we noted that a majority of firms argued that it was not appropriate to treat CPMI
firms as BIPRU limited licence firms primarily because other EU jurisdictions adopt a different
approach. We said in PS13/5 that we were not able to carry out a detailed analysis of the
position of such firms in other Member States, also given a lack of information. However,
we continue to engage with stakeholders about the practical application of the proposed
requirements and keep the issue under review also in light of our competition objective. As
under CRD IV the Commission is required to review the prudential regime for investment sector
firms by 2015, we consider that this could be one option to address any different European
views with the aim of securing a level playing field across Europe.
Changes to financial reporting forms
5.16
The above proposed changes to the prudential rules will require the following consequential
changes in SUP 16 to the financial reporting forms:
• CPM firms will be subject to an amended version of FIN066
• CPMI firms that are also subject to IFPRU will need to fill in an amended version of FIN067.
This will be in addition to the reports required under COREP, and
• CPMI firms that are subject to GENPRU/BIPRU will be subject to a new form FIN068. This will
be in addition to the existing form FSA003.
5.17
We have not proposed to change other reporting forms for CPM or CPMI firms subject to
GENPRU/BIPRU in relation to their AIFMD/UCITS business, such as the balance sheet and income
statement, on the basis that it would not be proportionate to change these requirements at this
stage. As a result, CPM firms will continue to report using FSA029 and FSA030 and CPMI firms
subject to GENPRU/BIPRU will continue to report using FSA001 and FSA002 for these items.
5.18
Due to the implementation of CRD IV, the capital reporting forms published in PS13/5 will be
replaced by the abovementioned forms. In PS13/5 we proposed a transitional provision for
AIFMs and UCITS managers, which required firms to report using existing capital reporting
forms until 31 January 2013. We propose extending this transitional provision so that firms will
use the existing capital reporting forms until 22 July 2014 and to implement the new capital
reporting forms thereafter, which coincides with the end of the AIFMD transitional year and
the updating of the permissions for UCITS managers. To avoid doubt, this has no impact on the
reporting obligations of AIFMs under article 24 of AIFMD.
Q10: Do you agree with our proposed amendments to the
financial reporting forms for CPM firms and CPMI firms?
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CP13/12
Annex 1:
Cost benefit analysis
Introduction
1.
This Annex sets out our Cost Benefit Analysis in relation to the policy proposals in the following
areas:
• CRD IV remuneration changes (limits on bonuses)
• Interaction between AIFMD/UCITS and CRD IV, and
• Capital buffers.
New CRD IV remuneration changes (limits on bonuses)
2.
The financial crisis exposed high levels of risk taking in the financial services industry. This can
in part be linked to high levels of variable remuneration rewarded to material risk takers within
firms. In some instances, this led to a misalignment of incentives, encouraging short-term risk
taking, with limited downside risk in the case of misconduct or poor decision making.
3.
In response to this issue the FSA, and subsequently the FCA and PRA, adopted and expanded
on a package of remuneration rules originally developed by the Financial Stability Board (FSB).
These are implemented through The Remuneration Code. Crucially, these rules ensure that
discretionary elements of remuneration are at least partially deferred and linked to the future
performance of the company, for example by employees being rewarded in share futures as
opposed to cash.
4.
CRD IV introduces further remuneration policies, outlined above, having maintained the
principle of proportionality from current CRD (see recital 66, articles 92(2) and 94(1) of the
Directive). As mentioned in the ‘Use of proportionality’ section in Chapter 2, we propose to
allow most level 3 firms to disapply the limits on bonuses on the grounds of proportionality.
The main exception to this is where firms form part of level 1 or level 2 groups.
5.
All FCA prudentially regulated firms subject to CRD IV currently fall in to level 3 of the
remuneration code. As such this CBA focuses on those firms affected due to being part of
level 1 or 2 groups. While all such firms should consider the applicability of these policies to
their business, and some may end up applying the limits on bonuses through self-assessment
or supervisory conversations, we expect the bulk of those affected will be those that form
part of larger, PRA-regulated groups. Table 4 estimates the number of level 3 FCA prudentially
regulated firms that are part of a level 1 or 2 group.
Financial Conduct Authority
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CRD IV for Investment Firms 2 – Implementation
CP13/12
Table 4: E
stimated numbers of FCA prudentially regulated level 3 firms that are part
of level 1 or 2 groups
6.
7.
8.
9.
Firm type
Estimated number of firms that are part of a Level
One or Two group
Full Scope Investment Firm
15-20
Limited Activity Investment Firm
0-5
Limited Licence Investment Firm
55-60
Total
70-85
Incentive changes and market-wide costs and benefits
We do not expect that applying these changes to firms prudentially regulated by the FCA
to have significant market-wide impacts. This is because the only firms the FCA regulates
prudentially are level 3 firms, and we expect these changes to only significantly affect these
firms that form part of larger PRA-regulated groups.
Any wider impacts on market outcomes are likely to be dominated by the actions of the larger
banking and investment banking groups that are regulated by the PRA. The market changes
and competition impact resulting from the application of the policies to these larger firms are
likely to overshadow any impact resulting from firms in the scope of the proposed FCA rules. So
the incremental impact of applying this to their smaller subsidiaries and other firms prudentially
regulated by the FCA is unlikely to be material. We do however note that a key benefit of the
application of the rules on a group level is that this prevents regulatory arbitrage within groups.
The application to smaller firms within level 1 or 2 groups restricts the ability of firms to move
material risk takers in to these smaller entities within their groups and avoid the proposed rules.
It is not possible to produce a meaningful estimate of the benefit from reducing this risk of
regulatory arbitrage, however the PRA discussed the benefits of applying these rules to large
groups in their publication(s) on these policies. Preventing regulatory arbitrage within the group
is necessary to realise these benefits.
Incremental costs to firms
It is likely that some affected firms will want to change their remuneration structures as a
result of these policies, in particular due to the limit on variable remuneration that an affected
employee can receive. So, we attempt to quantify the cost of these changes.
In the CBA to CP10/19, the FSA conducted a survey asking firms what they expected the cost
to their business to be as a result of the changes to the remuneration code bought in through
PS 10/20. The estimated costs of changing remuneration structures for investment managers
are set out in Table 5.
Table 5: Estimated compliance costs
Cost
One off costs
Ongoing (annual)
Adjusting remuneration
structures
£0-47,000
£0-50,000
10.
Whilst the proposals of CP10/19 reflected a broader range of policies than the remuneration
policies bought in through CRD IV, we take these costs as a reasonable proxy for the cost of
such a restructuring.
11.
Applying these numbers to the estimated maximum of 85 FCA prudentially regulated level 3
firms which are part of level 1 or 2 groups, we estimate the upper range of costs in Table 6.
As the lower range compliance cost estimate is £0, we treat this as the lower range estimate.
Table 6: Estimated upper range of compliance costs
30
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
12.
13.
Table 6
One off costs
Ongoing (annual)
Calculation
[85 firms x £47,000]
[85 firms x £50,000]
Estimated cost
£39,950,000
£43,500,000
CP13/12
Cost to the FCA
The cost of implementing these policies to the FCA broadly falls under the categories of policy
development, training, and supervision. The overall cost to the FCA of CRD IV implementation,
excluding the operationalisation of COREP and FINREP, was estimated in CP13/6 at a £5.4m one
off cost. This includes the policy development and training associated with these remuneration
policies. We expect the on-going supervision to be incorporated in existing business practice.
Competition
As mentioned in the ‘Incentive changes and market-wide costs and benefits’ section above,
we do not expect that applying these rules to firms prudentially regulated by the FCA will have
a significant impact on competition. By not applying this to level 3 firms we may incentivise
highly-skilled individuals to take employment at smaller firms that are not subject to the policies.
This may promote competition by making challenger firms more attractive to highly skilled
individuals, increasing those firms’ competitiveness, and ultimately consumer choice should
those firms successfully gain market share as a result. However we do not expect these changes
to be large, as larger firms are likely to increase non-variable remuneration to retain highlyskilled staff.
Q11: Do you agree with have any comments on this CBA?
Interaction between AIFMD/UCITS and CRD IV
14.
CP13/6 included a comprehensive CBA of the CRD IV package, including EU reporting
requirements and benefits associated with the new requirements. The population analysed
was current BIPRU firms, which includes CPMI firms. As this CP clarifies the legal requirements
on these firms rather than proposing new policy, we believe that the CBA in CP13/6 sufficiently
assesses the impact on these firms except as noted in paragraphs 15-18 below. Accordingly,
the costs of complying with CRD IV for IFPRU firms who are also subject to AIFMD and/or the
UCITS directive are discussed in the CBA accompanying CP13/6.
Q12: Do you have any comments relating to the costs that
CPMI firms may incur arising from the application
of either CRD III or IV to their MIFID investment
business (depending on whether they are subject to
the treatment for BIPRU firms or to IFPRU)? Are there
additional costs or burdens for UK CPMI firms that cause
a competitive imbalance with CPMI firms based in other
Member States?
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October 2013
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CRD IV for Investment Firms 2 – Implementation
CP13/12
32
15.
CPMs will now need to refer to the CRD IV own funds computation instead of the CRD III own
funds computation. CRD IV increases the minimum level of equity as opposed to debt capital
that firms are required to hold to meet the given requirement. Including estimates for a small
number of internally managed AIFs which we expect to become authorised before July 2014,
we estimate that this affects approximately 100 firms, whose overall estimated fixed overheads
requirements amount to approximately £237,074,000. Applying the same methodology used
in CP13/6, including the assumption that all firms hold no more equity capital than their capital
requirement and at the minimum quality possible, we calculate that firms would need to
meet 56.25% of their fixed overheads requirement in the form of equity capital, as opposed
to the existing 25%, an increase of 31.25%. However, this can be offset by the equivalent
amount of debt capital currently held. This amounts to approximately £74,086,000. Using
a range for the incremental cost of equity over debt of 3% to 10%, this puts compliance
costs on firms between £2,223,000-£7,409,000. We note that this estimation is dependent
on our assumptions stated here and in CP13/6, and in practice some firms are likely to already
hold sufficient own funds in the form of equity capital, and so would incur no significant
compliance costs.
16.
BIPRU CPMI firms will also be required to refer to CRD IV rules for their own funds computation
by virtue of their UCITS and/or AIFM authorisation. These firms will stay on BIPRU requirements
for their MiFID business. We do not currently have a list identifying which firms are CPMIs.
Accordingly, we assess the costs to these firms by assuming that all firms managing assets
above the threshold in Article 3(2) of AIFMD are CPMI firms, which should provide an upper
bound of these costs. We note that this is unlikely to be realistic for all firms in practice. Further,
many of these firms will be subject to IFPRU, and so their potential cost of capital increase has
already been assessed in CP13/6. Again, we have assumed that all firms maintain the minimum
possible capital requirements, including holding the maximum levels of debt capital, which in
reality is not likely to be the case, as most firms hold significantly higher proportions of equity
capital than debt capital, in excess of their minimum requirements.
17.
There are approximately 700 firms within the current BIPRU population that could be CPMI
firms based on their reported assets under management. In addition, there are approximately
40 UCITS investment firms that could be CMPI firms, which we include in these calculations
in order to assess the potential cost to all potentially affected firms who are also directly
subject to the CRD III. Using the same methodology as in paragraph 15, we calculate the total
capital requirement for these circa 740 firms amounts to £1,855,830,000. 31.25% of this total
requirement is £579,947,000. Using a range for the incremental cost of equity over debt of
3% to 10%, this puts compliance costs on firms between £17,398,000-£57,995,000. These
compliance costs are likely to be overstated for the reasons mentioned above. Further, these
changes require firms to submit new IRR reporting forms. The information requested through
these reporting forms is information that firms will have as part of their regulatory capital
calculations. Further, given the nature and size of the affected firms, we do not expect that
they would build systems to process the data required to complete these forms. Accordingly,
we expect the costs on firms associated with these reporting forms to be minimal.
18.
Further, these changes require firms to submit new IRR reporting forms. The information
requested through these reporting forms is information that firms will have as part of their
regulatory capital calculations. Further, given the nature and size of the affected firms, we do
not expect that they would build systems to process the data required to complete these forms.
Accordingly, we expect the costs on firms associated with these reporting forms to be minimal.
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
CP13/12
Capital buffers
19.
The CBA accompanying CP13/6 assessed the cost of capital increases resulting from CRD IV, and
the non-capital benefits and costs of increasing the quality of capital that firms are required to
hold. It did not explicitly estimate the cost of capital resulting from capital buffers. Accordingly,
we assess those costs here, using the same assumptions used to calculate the cost of changes
to Pillar 1 capital in CP13/6. Therefore, this assessment should be read alongside the CBA of
CP13/6 – especially the ‘capital compliance costs’ section.
20.
The CCyB and the Capital Conservation Buffer (CCB) must be held in CET 1 capital. We have
exempted SME full scope and limited activity firms from holding capital buffers. We do not
actively record which firms meet the EU definition of an SME, and so we have estimated the
affected population. The proxy used is that all firms with balance sheets less than £35m (roughly
collated to €43m) are SMEs. This leaves approximately 100 FCA prudentially regulated firms.
21.
The CCB has a transitional provision before reaching a fixed amount of 2.5%. The CCyB rate
is variable, the minimum rate being 0%, and is dependent on the economic cycle. However,
we have calculated the costs of capital assuming that both buffers are set at 2.5% (but to
the extent that the prevailing CCyB was lower/0%, we note that the cost of capital will be
correspondingly lower). Table 7 shows our cost of capital calculations for the combined buffer,
which would amount to 5% of RWAs.
Table 7: Total cost of combined capital buffer on FCA prudentially
regulated industry.
£ Millions
Total RWAs
40,386
Incremental equity to be raised: 5% of RWA
2,019
Overall capital compliance cost:
[101-303]
[5-15%] x incremental equity to be raised
Q13: Do you have any comments on this CBA, including the
CBA published in CP13/6, regarding firms affected by
this issue?
Benefits
22.
As stated in CP13/6, the major economic benefits arising from CRD IV come from increased
financial stability and reduced macro-prudential risk. However we do not believe that the
investment firms prudentially regulated by the FCA can be considered globally systemic. As
such we believe the economic benefits relate primarily to firms prudentially regulated by the
PRA and are described and estimated in their CP and accompanying CBA.
23.
As in CP13/06, just as we expect the wider economic costs for these investment firms will not
be materially significant compared to those of systemically important firms, we also expect the
benefits to be comparably smaller. However it is not possible to quantify these incremental
benefits above the economic benefits of applying these proposals to the systemically-important
firms regulated by the PRA, and identified in the PRA’s CP and accompanying CBA.
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CRD IV for Investment Firms 2 – Implementation
CP13/12
Annex 2:
Compatibility statement
Introduction and statement of purpose
1.
This Annex sets out our views on how these policies resulting from CRD IV are compatible
with our objectives and the principles of good regulation. This should be read alongside the
compatibility statement which accompanied CP13/6, which assessed the impact of the CRD IV
package as a whole, of which these policies are a part.
Compatibility with the FCA’s objectives and general duties
2.
3.
Integrity objective
This objective requires us to protect and enhance the integrity of the UK financial system.
4.
Our proposals in this CP and the draft Handbook rules and guidance seek to reduce the risk of
market disruption arising from financial failure of an authorised firm or group of firms.
5.
The introduction of capital buffers for large firms which take balance sheet risk reduces the risk
of disorderly firm failure and helps to ensure that counterparties and market participants are
more protected from the negative effects of firms taking significant losses.
6.
7.
Consumer protection objective
This objective requires us to secure an appropriate degree of protection for consumers.
While these policies do not directly affect consumers, by ensuring that firms hold capital buffers
the likelihood of consumers, both wholesale and retail, losing money as a result of firm failure
is reduced.
8.
Competition objective
Our competition objective requires us to, in so far as it is compatible with our other objectives,
promote competition in the interest of consumers.
9.
As discussed in the CBA, the competition impact if these policies is likely to be minimal.
10.
34
Our planned transposition of these aspects of CRD IV, as set out in this CP and the draft
Handbook text that accompanies it, aims primarily to meet our integrity objective. However,
our consumer protection and competition objectives are also relevant.
Compatibility with the need to have due regard to the principles of good regulation
Under section 1B (5) of FSMA, we must consider the specific matters set out below, when
carrying out our general functions.
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
CP13/12
11.
Need to use resources in the most efficient and economic way
These policies do not result in additional burdens on the FCA compared to the limited other
options available.
12.
We outline our overall approach to CRD IV transposition in CP13/6.
13.
14.
15.
Principle that a burden or restriction which is imposed on a person, or on the
carrying on of an activity, should be proportionate to the benefits, considered in
general terms, which are expected
We have undertaken a cost-benefit analysis of the material areas of the changes in order to help
with this CP. We believe that the benefits to market integrity as a result of the implementation
of CRD IV as a whole are substantial, especially in relation to our market integrity objective. The
policies in this CP are necessary to realise these benefits, and the costs remain proportionate
to these.
Principle that consumers should take responsibility for their own decisions
This CP is prudential in nature, and so consumer decisions are not addressed.
Desirability of sustainable growth in the economy of the UK in the medium or long
term
The implementation of capital buffers is likely to encourage stability within the financial system,
as firms ensure that the hold appropriate levels of loss absorbing capital to avoid becoming
insolvent when losses arise. While we do not expect this to have any large impacts on UK
economic growth, the stability this ads may improve the sustainability of that growth.
16.
Responsibilities of those who manage the affairs of authorised persons
These rules and guidance require authorised persons to be diligent in the management of their
remuneration places and capital positions.
17.
This increases obligations on those persons.
18.
19.
20.
Desirability of exercising our functions in a way that recognises differences in the
nature of, and objectives of, businesses carried on by different persons
We have opted not to apply capital buffers to Small and Medium Sized Enterprises (SMEs), as
we do not believe that this is proportionate to the risks that they pose.
The remuneration policies have been applied in a way appropriate to the scale of different
business types.
Desirability of publishing information relating to persons
This principle is not relevant to the proposals in this CP.
21.
Principle that we should exercise our functions as transparently as possible
We have engaged with trade associations and firms throughout this process in relation to our
overall approach to CRD IV transposition including our timeline for this consultation process.
22.
Expected effect on mutual societies
Our proposals in this CP refer to firms in the investment sector affected by CRD IV, but they do
not refer to mutual societies.
Financial Conduct Authority
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CRD IV for Investment Firms 2 – Implementation
CP13/12
23.
24.
36
Equality and diversity
We are required under the Equality Act 2010 to ‘have due regard’ to the need to eliminate
discrimination and to promote equality of opportunity in carrying out our policies, services
and functions. As part of this, we conduct an equality impact assessment to ensure that the
equality and diversity implications of any new policy proposals are considered.
Our equality impact assessment suggests that our proposals do not result in direct discrimination
for any of the groups with protected characteristics i.e. age, disability, gender, pregnancy and
maternity, race, religion and belief, sexual orientation and transgender, nor do we believe that
our proposals should give to rise to indirect discrimination against any of these groups. We
would nevertheless welcome any comments respondents may have on any equality issues they
believe may arise.
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
CP13/12
Annex 3:
List of questions
Q1: Do you agree with our proposed approach to apply
this discretion by allowing the higher percentage with
shareholder approval subject to the required conditions
in the proposed rules being met? If not, please explain
why not and propose alternative approaches and the
rationale for those approaches.
Q2: Do you agree with our proposed approach to exercise
this discretion by allowing firms to apply a discount rate
to a maximum of 25% of total variable remuneration
provided the required conditions in the proposed rules
being met (and subject to the future EBA guidelines –
as appropriate)? If not, please explain why not and
propose alternative approaches and the rationale for
those approaches.
Q3: Do you agree with our proposed approach not to
exercise the national discretions to apply stricter
measures on bonuses? If not, please explain why not
and propose alternative approaches and the rationale
for those approaches.
Q4: Do you agree with our proposed approach to use
proportionality in relation to the application of the
provisions on limits on bonuses by using the existing
levels in our General Guidance on Proportionality under
our current implementation of the CRD III remuneration
provisions through the Remuneration Code? If not,
please explain why not and propose alternative
approaches and the rationale for those approaches.
Q5: Do you agree to the introduction of a FINREP notification
rule? If not, please could you suggest alternatives?
Q6: Do you agree with our proposals for relevant IFPRU
firms to continue submitting some or all of the reporting
templates FSA006, FSA018, FSA045 and the prudent
valuation return? If not, please explain which reporting
templates and why?
Q7: Do you agree with the changes proposed to SUP 16.12,
SUP 16.16 and guidance in SUP 16 Annex 25? If not,
please explain why?
Financial Conduct Authority
October 2013
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CP13/12
CRD IV for Investment Firms 2 – Implementation
Q8: Do you agree with the proposed consequential changes
to the Glossary and Handbook modules as set out in this
section? If not, please indicate what other consequential
changes you deem necessary why.
Q9: Do you agree with our proposed implementation
of the consequential amendments to the prudential
requirements for CPM firms and CPMI firms?
Q10: Do you agree with our proposed amendments to the
financial reporting forms for CPM firms and CPMI firms?
Q11: Do you have any comments on this CBA?
Q12: Do you have any comments relating to the costs that
CPMI firms may incur arising from the application
of either CRD III or IV to their MIFID investment
business (depending on whether they are subject to
the treatment for BIPRU firms or to IFPRU)? Are there
additional costs or burdens for UK CPMI firms that cause
a competitive imbalance with CPMI firms based in other
Member States?
Q13: Do you have any comments on this CBA, including the
CBA published in CP13/6, regarding firms affected by this
issue?
38
October 2013
Financial Conduct Authority
CRD IV for Investment Firms 2 – Implementation
CP13/12
Appendix 1
Draft Handbook text
This Appendix includes the following draft legal instruments and general guidance on:
• General guidance on proportionality: The Remuneration Code (SYSC 19A) - paragraph 29
• CRD IV Remuneration (Limits on bonuses) Instrument 2013 amending the Glossary and
SYSC
• CRD IV Reporting Instrument 2013 amending the Glossary, IFPRU and SUP
• CRD IV additional Handbook amendments – GENPRU, IFPRU, FEES, Glossary
• CRD (AIFMD and UCITS Consequential Amendments) Instrument 2013
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CP13/12
CRD IV for Investment Firms 2 – Implementation
General guidance on proportionality: The Remuneration Code (SYSC 19A) Proposed amendment to paragraph 29
The proposed amendments are being introduced on the basis of the text of the General
Guidance on Proportionality consulted on in Appendix 1 in CP13/6.
‘Disapplication of certain remuneration principles for firms in particular proportionality levels
28.[…]
29.In our view, it will normally be appropriate for a firm in proportionality level three to disapply
under the remuneration principles proportionality rule one or more of the following rules:
(1) retained shares or other instruments (SYSC 19A.3.47R)
(2) deferral (SYSC 19A.3.49R)
(3) performance adjustment (SYSC 19A.3.51R)
It may also be appropriate for:
(a)proportionality level three full scope IFPRU investment firms to disapply the specific ratio
between fixed and variable components of total remuneration (SYSC 19A.3.44R (3)); and
(b)IFPRU limited licence firms and IFPRU limited activity firms to disapply, under the remuneration
principles proportionality rule, the ratios between fixed and variable components of total
remuneration (SYSC 19A.3.44R);
In both cases (a) and (b) above, if requested by the FCA, the FCA will expect the firm’s senior
management to be able to demonstrate why the firm believes it is reasonable to disapply it in
the light of the remuneration principles proportionality rule.
We are also of the opinion that such firms may ‘take into account the specific features of
their types of activities in applying the ‘requirement on multi-year framework in particular the
accrual and ex-ante risk adjustment aspects of it.11’
11 As per the FSA’s Policy Statement 10/20. See link www.fsa.gov.uk/pubs/policy/ps10_20.pdf.
October 2013
Financial Conduct Authority
Appendix
CRD IV REMUNERATION (LIMITS ON BONUSES)
INSTRUMENT 2013
Powers exercised by the Financial Conduct Authority
A.
The Financial Conduct Authority makes this instrument in the exercise of the
following powers and related provisions in the Financial Services and Markets Act
2000 (“the Act”):
(1)
(2)
(3)
(4)
B.
section 137A (The FCA’s general rules);
section 137H (General rules about remuneration);
section 139A (Power of the FCA to give guidance); and
section 137T (General supplementary powers).
The rule-making powers listed above are specified for the purpose of section 138G(2)
(Rule-making instruments) of the Act.
Commencement
C.
This instrument comes into force on [date].
Amendments to the Handbook
D.
The Glossary of definitions is amended in accordance with Annex A to this
instrument.
E.
The Senior Management Arrangements, Systems and Controls sourcebook (SYSC) is
amended in in accordance with Annex B to this instrument.
Notes
F.
In Annex B to this instrument, the “notes” (indicated by “Note:”) are included for the
convenience of readers but do not form part of the legislative text.
Citation
G.
This instrument may be cited as the CRD IV Remuneration (Limits on Bonuses)
Instrument 2013.
By order of the Board of the Financial Conduct Authority
[date]
Appendix X
Annex A
Amendments to the Glossary of definitions
[Note to reader: The Glossary italicised term marked with “*” is that which CP13/6 has
proposed to amend. The amendment below further amends the proposed amendment.]
In this Annex, underlining indicates new text and striking through indicates deleted text,
unless otherwise stated.
Insert the following new definition in the appropriate alphabetical position. The text is not
underlined.
third country
an overseas firm that:
IFPRU 730K firm
(a)
is not an EEA firm;
(b)
has its head office outside the EEA; and
(c)
would be an IFPRU 730k firm if it had been a UK domestic
firm, had carried on all its business in the United Kingdom and
had obtained whatever authorisations for doing so as are
required under the Act.
Amend the following definition as shown.
investment firm*
…
(5)
(in SYSC 19A) a firm in (3) except for a BIPRU firm.
Page 2 of 9
Appendix X
Annex B
Amendments to the Senior Management Arrangements, Systems and Controls
sourcebook (SYSC)
In this Annex, underlining indicates new text and striking though indicates deleted text.
1 Annex 1
Detailed application of SYSC
…
Part 3
Tables summarising the application of the common platform
requirements to different types of firm
…
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,
managing agents,
the Society, and
full-scope UK
AIFMs of
unauthorised
AIFs
SYSC
4.1.1R
[FCA]
[PRA]
Rule but SYSC
4.1.1R(2)
applies only to a
BIPRU firm
Rule but SYSC
4.1.1R(2) applies
only to a BIPRU
firm
Rule but SYSC
4.1.1R(2) applies
only to a BIPRU
firm
Rule but SYSC
4.1.1R(2) applies
only to a third
country BIPRU
firm
Rule for a
BIPRU firm
Rule for a BIPRU
firm that is a
UCITS
investment firm
Not applicable
Not applicable
Rule for a
BIPRU firm
Rule for a BIPRU
firm that is a
UCITS
investment firm
Not applicable
Not applicable
Rule applies
only to a BIPRU
Rule for a UCITS
investment firm;
Not applicable
[deleted]
Not applicable
[deleted]
…
SYSC
4.1.1CR
[FCA]
…
SYSC
4.1.2AB
G
[FCA]
…
SYSC
4.1.3R
Page 3 of 9
Appendix X
firm
[deleted]
otherwise not
applicable
[deleted]
SYSC
4.3A.-1R
[FCA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.1R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.2R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.3R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.4R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.5R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.6R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.8R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.9R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.10R
Rule applicable
Rule for a CRR
firm that is a
Not applicable
Not applicable
[FCA]
[PRA]
…
…
Page 4 of 9
Appendix X
[FCA]
[PRA]
to CRR firms
UCITS
investment firm
SYSC
4.3A.11R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
SYSC
4.3A.12R
[FCA]
[PRA]
Rule applicable
to CRR firms
Rule for a CRR
firm that is a
UCITS
investment firm
Not applicable
Not applicable
…
…
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,
managing agents,
the Society, and
full-scope UK
AIFMs of
unauthorised
AIFs
Guidance applies
only to a BIPRU
firm
Guidance applies
only to a BIPRU
firm that is a
UCITS
investment firm
Not applicable
Not applicable
(1) Guidance
applies to a
BIPRU firm
(2) Guidance
(1) Guidance for
a UCITS
investment firm;
otherwise not
applicable
(2) Guidance
Not applicable
(1) Not
applicable
(2) Guidance
Rule applies to a
CRR firm
Not applicable
Not applicable
Not applicable
…
SYSC
7.1.7BB
G1
[FCA]
…
SYSC
7.1.8G
(1)(2)
[FCA]
[PRA]
…
SYSC
7.1.16CR
[FCA]
1
Note to reader: In CP13/6 the guidance is numbered as 7.1.7BA G which has since been superseded by
guidance implemented by the Alternative Investment Fund Managers Directive Instrument 2013.
Page 5 of 9
Appendix X
SYSC
7.1.17R
[FCA]
[PRA]
Rule applies to a
CRR firm
Rule for a UCITS
investment firm
that is a CRR
firm, otherwise
not applicable
Not applicable
Not applicable
SYSC
7.1.18R
[FCA]
[PRA]
Rule applies to a
CRR firm
Rule for a UCITS
investment firm
that is a CRR
firm, otherwise
not applicable
Not applicable
Not applicable
SYSC
7.1.19R
[FCA]
[PRA]
Rule applies to a
CRR firm
Rule for a UCITS
investment firm
that is a CRR
firm, otherwise
not applicable
Not applicable
Not applicable
SYSC
7.1.20R
[FCA]
[PRA]
Rule applies to a
CRR firm
Rule for a UCITS
investment firm
that is a CRR
firm, otherwise
not applicable
Not applicable
Not applicable
SYSC
7.1.21R
[FCA]
[PRA]
Rule applies to a
CRR firm
Rule for a UCITS
investment firm
that is a CRR
firm, otherwise
not applicable
Not applicable
Not applicable
SYSC
7.1.22R
[FCA]
[PRA]
Rule applies to a
CRR firm
Rule for a UCITS
investment firm
that is a CRR
firm, otherwise
not applicable
Not applicable
Not applicable
…
…
19A
Remuneration Code
…
19A.1.1A
G
The AIFM Remuneration Code (SYSC 19B) also applies to a BIPRU firm
which is a full-scope UK AIFM (i.e. a full-scope UK AIFM that is an AIFM
investment firm). Such a full-scope UK AIFM that complies with all of
SYSC 19B will also comply with all of the provisions of SYSC 19A. In
such cases, the FCA will not require the full-scope UK AIFM to
demonstrate compliance with SYSC 19A [deleted].
…
Page 6 of 9
Appendix X
19A.1.3
R
(1)
A firm must apply the remuneration requirements in SYSC 19A.3
other than SYSC 19A.3.44R and SYSC 19.3.44AR in relation to:
(a)
(1)
…
(b)
(2)
…
(c)
(3)
…
[Note: article 3(2) of the Third Capital Requirements Directive
(Directive 2010/76/EU)]
(2)
A firm must apply the remuneration requirements in SYSC
19A.3.44R and SYSC 19.3.44AR in relation to remuneration
awarded for services provided or performance from the year 2014
onwards, whether due on the basis of contracts concluded before, on
or after 31 December 2013.
[Note: article 162(3) of the CRD]
…
19A.3
Remuneration principles for banks, building societies and investment firms
…
19A.3.40A R
A firm must ensure that remuneration packages relating to compensation
for, or buy out from, an employee’s contracts in previous employment
align with the long term interests of the firm and are subject to appropriate
retention, deferral and performance adjustment arrangements.
[Note: article 94(1)(i) of the CRD]
…
19A.3.44
R
A firm must set appropriate ratios between the fixed and variable
components of total remuneration and ensure that:
(1)
fixed and variable components of total remuneration are
appropriately balanced; and
(2)
the fixed component represents a sufficiently high proportion of the
total remuneration to allow the operation of a fully flexible policy
on variable remuneration components, including the possibility to
pay no variable remuneration component; and
(3)
subject to SYSC 19A.3.44AR, the ratio of the variable component of
total remuneration to the fixed component does not exceed 1:1.
Page 7 of 9
Appendix X
19A.3.44A R
A firm may set a ratio between the fixed and the variable components of
total remuneration that exceeds 1:1 provided the ratio:
(1)
does not exceed 1:2; and
(2)
is approved by the shareholders or owners or members of the firm in
accordance with SYSC 19A.3.44BR.
[Note: article 94(1)(g)(ii) of the CRD]
19A.3.44B
R
A firm must ensure that any approval by the shareholders or owners or
members of the firm of a ratio that exceeds 1:1 is carried out in accordance
with the following procedure:
(1)
the firm must give reasonable notice to all shareholders or owners or
members of the firm that the firm intends to seek approval of a ratio
that exceeds 1:1;
(2)
the firm must make a detailed recommendation to all shareholders or
owners or members of the firm giving the reasons for, and the scope
of, the approval sought, including the number of staff affected, their
functions and the expected impact on the requirement to maintain a
sound capital base;
(3)
the firm must, without delay, inform the appropriate regulator of
the recommendation to its shareholders or owners or members,
including the proposed ratio and the reasons therefor and must
demonstrate to the appropriate regulator that the proposed higher
ratio does not conflict with the firm’s obligations under the CRD and
the CRR, having regard in particular to the firm’s own funds
obligations;
(4)
the firm must ensure that employees who have an interest in the
proposed higher ratio are not allowed to exercise, directly or
indirectly, any voting rights they may have as shareholders or
owners or members of the firm in respect of the approval sought;
(5)
the higher ratio is approved by a majority of:
(a)
at least 66% of shareholders or owners or members of the
firm, provided that at least 50% of the shareholders or owners
or members are represented; or
(b)
at least 75% of shareholders or owners or members if less
than 50% of the shareholders, members or owners are
represented.
[Note: article 94(1)(g)(ii) of the CRD]
19A.3.44C R
A firm must notify without delay the appropriate regulator of the
decisions taken by its shareholders or members or owners including any
Page 8 of 9
Appendix X
approved higher maximum ratio.
[Note: article 94(1)(g)(ii) of the CRD]
19A.3.44D R
A firm may apply a discount rate to a maximum of 25% of an employee’s
total variable remuneration provided it is paid in instruments that are
deferred for a period of not less than five years.
[Note: article 94(1)(g)(iii) of the CRD]
…
19A.3.54
R
…
(1B)
Condition 1 is that the firm is a UK bank , a building society or a
relevant BIPRU 730k firm, a designated investment firm, or a
relevant IFPRU 730k firm that has relevant total assets exceeding
£50 billion.
…
(1D)
(1E)
Condition 2 is that the firm:
(a)
is a full credit institution, a designated investment firm, a
relevant BIPRU 730k firm IFPRU 730k firm or a relevant
third country BIPRU 730k firm IFPRU 730k firm; and
(b)
is part of a group containing a firm that has relevant total
assets exceeding £50 billion and that is a UK bank, a building
society, a designated investment firm or a relevant BIPRU
730k firm IFPRU 730k firm.
In this rule:
(a)
a "relevant BIPRU 730k firm IFPRU 730k firm" is any
BIPRU 730k firm IFPRU 730k firm that is not a limited
activity firm or a limited licence firm;
(b)
a "relevant third country BIPRU 730k firm IFPRU 730k firm"
is any third country BIPRU 730k firm IFPRU 730k firm that
is not a limited activity firm or a limited licence firm ; and
(c)
…
…
Page 9 of 9
Appendix
CRD IV (REPORTING) INSTRUMENT 2013
Powers exercised by the Financial Conduct Authority
A.
The Financial Conduct Authority makes this instrument in the exercise of the
following powers and related provisions in the Financial Services and Markets Act
2000 (“the Act”):
(1)
(2)
(3)
B.
section 137A (The FCA’s general rules);
section 139A (Power of the FCA to give guidance); and
section 137T (General supplementary powers).
The rule-making powers listed above are specified for the purpose of section 138G(2)
(Rule-making instruments) of the Act.
Commencement
C.
Annex A, Annex B and Part 1 of Annex C comes into force on [date].
D.
Part 2 of Annex C comes into force on [date].
Amendments to the Handbook
E.
The Glossary of definitions is amended in accordance with Annex A to this
instrument.
F.
The Prudential sourcebook for Investment Firms (IFPRU) is amended in accordance
with Annex B to this instrument.
G.
The Supervision manual (SUP) is amended in accordance with Annex C to this
instrument.
Notes
H.
In the Annexes to this instrument, the “notes” (indicated by “Note:”) are included for
the convenience of readers but do not form part of the legislative text.
Citation
I.
This instrument may be cited as the CRD IV (Reporting) Instrument 2013.
By order of the Board of the Financial Conduct Authority
[date]
Appendix X
Annex A
Amendments to the Glossary of definitions
Insert the following new definition in the appropriate alphabetical position.
FINREP firm
(a)
a credit institution or investment firm subject to
CRR that is also subject to article 4 of Regulation
(EC) No 1606/2002; or
(b)
a credit institution other than one referred to in
Article 4 of Regulation (EC) No 1606/2002 that
prepares its consolidated accounts in conformity
with the international accounting standards
adopted in accordance with the procedure laid
down in article 6(2) of that Regulation.
[Note: article 99 of the EU CRR]
Page 2 of 48
Appendix X
Annex B
Prudential sourcebook for Investment Firms (IFPRU)
[Note to reader: The amendments proposed in this Annex are based on the version of
IFPRU and Glossary proposed in CP13/6 (CRD IV for Investment Firms).]
In this Annex, underlining indicates new text and striking through indicates deleted text,
unless otherwise stated.
After IFPRU 1.1 insert the following new section. The text is not underlined.
1.1A
Notification of FINREP reporting
1.1A.1
R
1.1A.2
R
A FINREP firm that is an IFPRU investment firm must notify the FCA:
(1)
if it is required to report financial information on a consolidated basis;
and
(2)
when it ceases to report financial information on a consolidated basis.
A firm must notify the FCA if it adjusts its firm’s accounting reference date
under article 2(3) Commission Regulation (EU) …/…[full citation and link to
EU Regulation made under Article 99 CRR.]
…
Amend the following as shown.
Sch 2G
Notification and reporting requirements
…
Handbook
reference
Matter to be
notified
Contents of
notification
Trigger event
Time allowed
IFPRU 1.1A.1R
Notification of
FINREP
reporting
Matters as
described in
IFPRU 1.1A.1R
Matters as
described in
IFPRU 1.1A.1R
No later than five business
days from when an IFPRU
investment firm identifies that
it is a FINREP firm that is
required to report FINREP or
that is no longer required to
submit FINREP.
…
Page 3 of 48
Appendix X
Annex C
Amendments to the Supervision manual (SUP)
Part 1:
Comes into force on 1 January 2014
In this Annex, underlining indicates new text and striking though indicates deleted text except
where indicated otherwise.
16.12
Integrated Regulatory Reporting
…
Purpose
16.12.2
G
(1)
Principle 4 requires firms to maintain adequate financial resources.
The Interim Prudential sourcebooks, BIPRU and GENPRU set out
the appropriate regulator's detailed capital adequacy requirements.
By submitting regular data, firms enable the appropriate regulator
to monitor their compliance with Principle 4 and their prudential
requirements in the Handbook.
…
…
16.12.3-A
16.12.3
A
G
(1)
Investment firms subject to the EU CRR should refer to any relevant
technical standards to determine their specific reporting obligations
as their specific reporting obligations may extend beyond those
specified in this chapter.
(2)
Where a firm submits a data item pursuant any applicable provision
of the EU CRR any data item with the same name and purpose does
not have to be submitted again regardless of RAG.
G
The following is designed to assist firms to understand how the reporting
requirements set out in this chapter operate when the circumstances set out
in SUP 16.12.3R(1)(a)(ii) apply. [deleted]
(1)
Example 1
A BIPRU 730K firm that undertakes activities in both RAG 3 and RAG 7
Overlaying the requirements of RAG 3 ( data items ) with the requirements
of RAG 7 shows the following:
RAG 3 (SUP 16.12.11R) data items
Annual reports and accounts
Annual report and accounts of the mixed-activity
RAG 7 (SUP 16.12.22AR) data items
Annual reports and accounts
Annual report and accounts of the mixed-activity
Page 4 of 48
Appendix X
holding company
Solvency statement
Balance sheet
Income statement
Capital adequacy
Credit risk
Market risk
Market risk - supplementary
Operational risk
Large exposures
UK integrated group large exposures
holding company (note 10)
Solvency statement
Balance Sheet
Income statement
Capital adequacy
Credit risk
Market risk
Market risk - supplementary
Operational risk
Large exposures
UK integrated group large exposures
Solo consolidation data
Pillar 2 questionnaire
Solo consolidation data
Pillar 2 questionnaire
Non-EEA sub-group
Non-EEA sub-group
Professional indemnity insurance
Threshold Conditions
Training and Competence
COBS data
Client money and client assets
Client money and client assets
Fees and levies
CFTC
IRB portfolio risk
Securitisation : non-trading book
Daily Flows (if it is an ILAS BIPRU firm)
Enhanced Mismatch Report (if it is an ILAS BIPRU
firm)
Liquidity Buffer Qualifying Securities (if it is an ILAS
BIPRU firm)
Funding Concentration (if it is an ILAS BIPRU firm)
Pricing data (if it is an ILAS BIPRU firm)
Retail and corporate funding (if it is an ILAS BIPRU
firm)
Currency Analysis (if it is a ILAS BIPRU firm)
Systems and Controls Questionnaire (if it is a nonILAS BIPRU firm)
Securitisation: trading book
IRB portfolio risk
Securitisation : non-trading book
Securitisation: trading book
From this, the additional reports that are required are:
(a)
[deleted]
(b)
Professional indemnity insurance, where RAG 7 firms
complete Section E of the RMAR, and therefore a RAG 3
firm should complete that;
(c)
[deleted]
(d)
Training and competence data, where RAG 3 firms should
also complete Section G of RMAR;
Page 5 of 48
Appendix X
(e)
Conduct of business data, where RAG 3 firms should
complete Section H of RMAR.
(f)
[deleted]
(g)
[deleted]
The reporting frequency and submission times for items (b),
(d) and (e) above are then derived from the rules applicable
to BIPRU firms in SUP 16.12.23R and SUP 16.12.24R.
Threshold conditions and fees and levies reports do not need
to be submitted as they are not required under the lowest
numbered of the two RAGs in this example, see SUP
16.12.3R (1)(a)(iii).
(2)
Example 2
A UK bank in RAG 1 that also carries on activities in RAG 5
Again, overlaying the RAG 1 reporting requirements with
the requirements for a RAG 5 firm gives the following :
RAG 1 requirements (SUP 16.12.5R)
Annual report and accounts
Annual report and accounts of the mixed-activity
holding company (note 9)
Solvency statement (note 10)
Balance sheet
Income statement
Capital adequacy
Credit risk
Market risk
Market risk -supplementary
Operational risk
Large exposures
UK integrated group large exposures
Liquidity (other than stock)
Liquidity - stock
Forecast data
Solo consolidation data
Interest rate gap report
[deleted]
Non-EEA sub-group
Sectoral information, including arrears and
impairment
RAG 5 requirements (SUP 16.12.18AR)
Annual report and accounts
Balance Sheet
Income statement
Capital Adequacy
IRB portfolio risk
Securitisation: non-trading book
Daily Flows (if it is an ILAS BIPRU firm)
Enhanced Mismatch Report (if it is an ILAS BIPRU
firm)
Liquidity Buffer Qualifying Securities (if it is an ILAS
BIPRU firm)
Funding Concentration (if it is an ILAS BIPRU firm)
Pricing data (if it is an ILAS BIPRU firm)
Retail and corporate funding (if it is an ILAS BIPRU
Page 6 of 48
Appendix X
firm)
Currency Analysis (if it is an ILAS BIPRU firm)
Securitisation: trading book
Lending - Business flow and rates
Residential Lending to individuals - New business
profile
Lending - Arrears analysis
Mortgage administration - Business profile
Mortgage Administration - Arrears analysis
Analysis of loans to customers
Provisions analysis
Fees and levies
In this case, it is more obvious that the firm's reporting requirement
in RAG 1 is not all the data items listed above. However, for the
purposes of this exercise, it is the list of potential data items that is
important. Thus comparing RAG 1 with RAG 5, the additional
reporting requirements are:
(a)
Lending - Business flow and rates, where Section D
MLAR is required;
(b)
Residential Lending to individuals - New business profile,
where Section E MLAR is required;
(c)
Lending - Arrears analysis, where Section F MLAR is
required;
(d)
Mortgage administration - Business profile, where Section
G MLAR is required;
(e)
Mortgage Administration - Arrears analysis, where
Section H MLAR is required
(f)
Analysis of loans to customers, where section A3 of
MLAR is required
(g)
Provisions analysis, where Section B2 of MLAR is
required; 16.12.18R; and
Fees and levies are not applicable as they are not required
to be submitted under the lowest numbered RAG in this
example. The reporting frequency and submission times
for items (a) to (g) above are then derived from the rules
applicable to RAG 5 firms in SUP 16.12.18R.
…
16.12.4
R
Table of applicable rules containing data items, frequency and submission
periods
(1)
(2)
Page 7 of 48
(3)
(4)
Appendix X
RAG
number
Regulated
Activities
Provisions containing:
applicable
data items
reporting
frequency/
period
due date
• accepting
deposits
• meeting of
repayment claims
• managing
dormant account
funds (including
the investment of
such funds)
SUP 16.12.5R
SUP 16.12.6R
SUP 16.12.7R
RAG 3
• dealing in
investment as
principal
• dealing in
investments as
agent
• advising on
investments
(excluding retail
investment
activities)
• arranging
(bringing about)
deals in
investments
(excluding retail
investment
activities)
SUP
16.12.10R
SUP
16.12.11R or
SUP
16.12.11BR
for UK
designated
investment
firms
SUP
16.12.10R
SUP
16.12.12R or
SUP
16.12.12AR
for UK
designated
investment
firms
SUP
16.12.10R
SUP
16.12.13R
RAG 4
• managing
investments
• establishing,
operating or
winding up a
collective
investment scheme
• establishing,
operating or
winding up a
stakeholder
pension scheme
• establishing,
operating or
winding up a
personal pension
scheme
• managing an AIF
SUP
16.12.14R
SUP
16.12.15R or
SUP
16.12.15BR
for UK
designated
investment
firms
SUP
16.12.14R
SUP
16.12.16R or
SUP
16.12.16AR
for UK
designated
investment
firms
SUP
16.12.14R
SUP
16.12.17R
RAG 1
…
Page 8 of 48
Appendix X
• managing a
UCITS
…
RAG 7
• retail investment
activities
• advising on
pensions transfers
& opt-outs
• arranging
(bringing about
deals) in retail
investments
SUP
16.12.22AR
or SUP
16.12.22CR
for UK
designated
investment
firms
SUP
16.12.23AR
and SUP
16.12.23R for
UK
designated
investment
firms
SUP
16.12.24R
RAG 8
• making
arrangements with
a view to
transactions in
investments
• operating a
multilateral trading
facility
SUP
16.12.25AR
or
16.12.25CR
for UK
designated
investment
firms
SUP
16.12.26R
SUP
16.12.27R
…
…
Regulated Activity Group 1
16.12.5
Description of
data item
R
The applicable data items and forms or reports referred to in SUP 16.2.4R
are set out according to firm type in the table below.
Prudential category of firm, applicable data items and reporting format (Note 1)
UK bank
Building
society
FSA003
(note 2)
FSA003
(note 2)
NonEEA
bank
EEA bank
that has
permission
to accept
deposits,
other than
one with
permission
for cross
border
services
only
EEA bank
that does
not have
permission
to accept
deposits,
other than
one with
permission
for cross
border
services
only
[deleted]
Credit
union
…
Capital
adequacy
CQ;
CY
Page 9 of 48
Dormant
account
fund
operator
(note 15)
Appendix X
[deleted]
[deleted]
FSA004
(note 2)
[deleted]
FSA004
(note 2)
[deleted]
Operational risk
FSA007
(notes 2,
6)
[deleted]
FSA007
(notes 2,
6)
[deleted]
Large exposures
FSA008
(note 2)
[deleted]
FSA008
(note 2)
[deleted]
UK integrated
group large
exposures
FSA018
(note 12)
FSA018
(note 12)
Credit risk
…
CQ;
CY
Exposures
between core
UK group and
non-core large
exposures group
…
Non-EEA subgroup
FSA028
(note 8)
[deleted]
…
Securitisation:
non-trading
book
FSA046
(Notes 2
and 14)
[deleted]
FSA046
(Notes 2
and 14)
[deleted]
…
Securitisation:
trading book
FSA058
(Notes 2
and 23)
[deleted]
…
Note 4
This applies to a firm that is required to submit data item FSA003 and, at any time within the
12 months up to its latest accounting reference date ("the relevant period"), was reporting
data item FSA005 ("Firm A") or not reporting this item ("Firm B"). In the case of Firm A it
must report this data item if one or both of its last two submissions in the relevant period
show that the threshold was exceeded. In the case of Firm B it must report this item if both
the last two submissions in the relevant period show that the threshold has been exceeded.
Page 10 of 48
Appendix X
The threshold is exceeded where data element 93A in data item FSA003 is greater than £50
million, or its currency equivalent, at the relevant reporting date for the firm. This applies to
a firm that applies add-ons to their market risk capital calculation under the RNIV
framework.
…
This is only applicable to a firm that has adopted, in whole or in part, either the standardised
approach, alternative standardised approach, or advanced measurement approach under
BIPRU 6. [deleted]
Note 6
…
Members of a UK integrated group should only submit this data item at the UK integrated
group level. Only applicable to a firm that has both a core UK group and a non-core large
exposures group.
Note 12
…
Only applicable to firms that hold securitisation positions, or are the originator or sponsor of
securitisations of non-trading book exposures. [deleted]
Note 14
…
16.12.6
Data item
R
The applicable reporting frequencies for submission of data items and
periods referred to in SUP 16.12.5R are set out in the table below according
to firm type. Reporting frequencies are calculated from a firm's accounting
reference date, unless indicated otherwise.
Unconsolidated
UK banks and
building societies
Solo consolidated UK
banks and building
societies
Report on a UK
consolidation group or, as
applicable, defined
liquidity group basis by
UK banks and building
societies
…
FSA003
Quarterly or monthly (note 1) [deleted]
Half yearly [deleted]
FSA004
Quarterly [deleted]
Half yearly [deleted]
…
FSA007
Annually [deleted]
FSA008
Quarterly [deleted]
…
FSA028
Half yearly [deleted]
…
Page 11 of 48
Other members of
RAG 1
Appendix X
FSA046
Quarterly [deleted]
Quarterly [deleted]
FSA058
Quarterly [deleted]
Quarterly [deleted]
Note 1
Monthly submission only applicable if the firm has been notified in writing that it is required to
report (when, on an annual review, it has two consecutive quarterly submissions of FSA003
showing data element 93A being greater than £50 million, or its currency equivalent, and also
greater than 50% of data element 70A . [deleted]
…
…
16.12.7
Data item
…
FSA003
[deleted]
R The applicable due dates for submission referred to in SUP 16.12.4R are set
out in the table below. The due dates are the last day of the periods given in
the table below following the relevant reporting frequency period set out in
SUP 16.12.6R, unless indicated otherwise.
Daily
Weekly
Monthly
Quarterly
Half yearly
15 business
days
[deleted]
20 business
days
[deleted]
45 business
days
[deleted]
20 business
days
[deleted]
45 business
days
[deleted]
FSA004
[deleted]
…
FSA007
[deleted]
FSA008
[deleted]
6 months
[deleted]
20 business
days (note 3)
45 business
days (note 4)
[deleted]
…
FSA028
[deleted]
30 business
days
[deleted]
…
FSA046
[deleted]
20 business
days (Note
3), 45
business days
(Note 4)
[deleted]
…
20 business
days (Note
3), 45
business days
(Note 4)
[deleted]
FSA058
[deleted]
…
Page 12 of 48
Annual
Appendix X
…
Regulated Activity Group 2.2
16.12.9
R
Description of
data item and
data item
…
Member's adviser
the Society (note 1)
Frequency
Description of
data item
Submission
deadline
Frequency
Submission
deadline
…
BIPRU 50K firms report half yearly on 30 business days submission all other BIPRU firms on
unconsolidated basis report quarterly on 20 business days submission. All UK consolidation
group reports report half yearly on 45 business days submission. All other firms report monthly
on 20 business days submission.
Note 14
…
This will not be applicable to BIPRU limited activity firms BIPRU firms or BIPRU limited
licence firms unless they have a waiver under BIPRU 6.1.2G.
Note 21
16.12.9A
G
A Member's adviser that is also a BIPRU an IFPRU investment firm will
also fall under one of the higher number RAGs that apply to BIPRU IFPRU
investment firms. That means that it will have to report a number of data
items in addition to the ones that it has to supply under RAG 2.2.
Regulated Activity Group 3
…
16.12.11
R The applicable data items referred to in SUP 16.12.4R are set out according to
firm type in the table below:
[The columns in the table at SUP 16.12.11R entitled ‘125K and collective portfolio
management investment firms’ and ‘50k’ below are deleted in their entirety. The deleted text
is not shown.]
Description of
data item
Annual report
Firms’ prudential category and applicable data items (note 1)
BIPRU firms (note 17) IFPRU
Firms other than BIPRU firms or IFPRU investment
investment firms and BIPRU firms
firms
730K 125K and
50 BIPRU
IPRU
IPRU
IPRU
IPRU
UPR
IFPR collective
K
(INV)
(INV)
(INV)
(INV)
U
U
portfolio
Chapter Chapter Chapter Chapter
managemen
3
5
9
13
t investment
firms
…
No
…
…
…
…
…
Page 13 of 48
Appendix X
and accounts
Annual report
and accounts
of the mixedactivity
holding
company (note
10)
Solvency
statement
…
Balance sheet
FSA001/FIN
REP (note
36) (note 2)
FSA001/FIN
REP (note
36) (note 2)
Income
statement
standard
format
No
standard
format
…
Capital
adequacy
FSA003
(note 2)
COREP
(note 36)
Supplementar
y capital data
for collective
portfolio
management
investment
firms
FIN067
(Note 35)
Credit risk
FSA004
(notes 2, 3)
COREP
(note 36)
Market risk
FSA005
(notes 2, 4)
COREP
(note 36)
Market risk supplementary
…
Operational
risk
FSA007
(notes 2, 6,
7) COREP
(note 36)
Large
exposures
FSA008
(Notes 2, 6)
COREP
(note 36)
UK integrated
group large
exposures
Exposures
between core
UK group and
…
No
standard
format
(note 11)
FSA001
(note 2)
…
…
…
…
…
…
…
…
…
…
…
…
FSA002
(note 2)
…
…
…
…
…
…
…
FSA003
(note 2)
…
…
…
…
…
…
FIN068
(note 35)
…
…
FSA004
(notes 2,
3)
…
…
FSA005
(notes
2,4)
…
…
FSA006
(note 5)
…
…
…
…
…
…
Page 14 of 48
Appendix X
non-core large
exposures
group
Solo
consolidation
data
Pillar 2
questionnaire
Non-EEA subgroup
…
…
FSA028
(note 9)
COREP
(note 36)
…
…
FSA016
(note 25)
…
…
…
…
FSA019
(note 8)
FSA028
(note 9)
…
…
Client money
and client
assets
CFTC
…
…
…
FSA039
…
…
…
…
…
…
…
…
…
…
…
…
…
IRB portfolio
risk
…
…
…
Securitisation :
non-trading
book
FSA046
(note 23)
…
…
FSA040
(note 24)
FSA045
(note 22)
FSA046
(note 23)
Daily Flows
FSA047/COREP (notes
26, 29, 31, and 33, and 36)
FSA048/COREP (notes
26, 29, 31, and 33, and 36)
Enhanced
Mismatch
Report
Liquidity
Buffer
Qualifying
Securities
Funding
Concentration
Pricing data
Retail and
corporate
funding
Currency
Analysis
Systems and
Controls
Questionnaire
Securitisation:
trading book
COREP
(note 36)
FSA050/COREP (notes
27, 30, 31, and 33, and 36)
FSA51/COREP (notes 27,
30, 31, and 33, and 36)
FSA052/COREP (notes
27, 31, 33, and 34, and 36)
FSA053/COREP (notes
27, 30, 31, and 33, and 36)
FSA054/COREP (notes
27, 30, 31, and 33, and 36)
FSA055/COREP (notes
28, and 33, and 36)
FSA058 (Note
32)
… …
FSA055
(notes 28
and 33)
COREP (note
36)
Page 15 of 48
Appendix X
Note 1
All firms, except IFPRU investment firms in relation to data items reported under the EU CRR,
when When submitting the completed data item required, must use the format of the data item
set out in SUP 16 Annex 24 R. Guidance notes for completion of the data items are contained
in SUP 16 Annex 25 G.
…
Note 6
This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms
unless they have a waiver under BIPRU 6.1.2 G.[deleted]
Note 7
This is only applicable to a firm that has adopted, in whole or in part, either the standardised
approach, alternative standardised approach, or advanced measurement approach under
BIPRU 6 [deleted]
Note 8
Only applicable to BIPRU IFPRU investment firms and BIPRU firms that:
(a) are subject to consolidated supervision under BIPRU 8, except those that are either
included within the consolidated supervision of a group that includes a UK credit institution,
or that have been granted an investment firm consolidation waiver; or
(b) have been granted an investment firm consolidation waiver; or
(c) are not subject to consolidated supervision under BIPRU 8.
A BIPRU An IFPRU investment firm and a BIPRU firm under (a) must complete the report on
the basis of its UK consolidation group. A BIPRU An IFPRU investment firm and a BIPRU
firm under (b) or (c) must complete the report on the basis of its solo position.
…
Note 12
Members of a UK integrated group should only submit this data item at the UK integrated
group level. This is only applicable to a firm that has both a core UK group and a non-core
large exposures group.
…
Note 36
16.12.11A
16.12.12
Data Item
Requirements under COREP and FINREP should be determined with reference to the EU
CRR.
G
The columns column in the table in SUP 16.12.11R that deal deals with
BIPRU 50K firms and BIPRU 125K firms IFPRU firms cover some
liquidity items that only have to be reported by an ILAS BIPRU firm (please
see notes 28 and 33). In fact a BIPRU 50K firm and a BIPRU 125K firm
cannot be an ILAS BIPRU firm. One reason for drafting the table in this
way is that the classification of firms into ILAS BIPRU firms and non-ILAS
BIPRU firms is not based on the classification into BIPRU 50K firms,
BIPRU 125K firms and BIPRU 730K firms and the drafting of the table
emphasises that. Also, the table covers consolidated reports and the
conditions about what sort of group has to supply what type of liquidity
report do not always depend on how the individual firm is classified.
R The applicable reporting frequencies for data items referred to in SUP
16.12.4R are set out in the table below according to firm type. Reporting
frequencies are calculated from a firm's accounting reference date, unless
indicated otherwise.
BIPRU
BIPRU
BIPRU
Page 16 of 48
BIPRU firm
UK
Firm other
Appendix X
IFPRU
730K firm
COREP/FINREP
Annual report
and accounts
Annual report
and accounts of
the mixedactivity holding
company
Solvency
statement
FSA001
FSA002
FSA003
FSA004
FSA005
FSA006
FSA007
IFPRU
IFPRU 50K
125K firm
firm
and
collective
portfolio
management
investment
firm
Refer to EU CRR
consolidation
group or
defined
liquidity
group
Refer to EU
CRR
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Quarterly
Quarterly
Monthly
[deleted]
Quarterly
Quarterly
Quarterly
Half yearly
Half yearly
Half yearly
[deleted]
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Quarterly
[deleted]
Quarterly
Half yearly
[deleted]
Half yearly
Half yearly
Quarterly
[deleted]
Quarterly
Half yearly
[deleted]
Half yearly
Half yearly
Quarterly
Annual
(note 4)
[deleted]
Quarterly
Annual
Quarterly
Annual
(note 4)
[deleted]
Quarterly
Annual
(note 4)
Quarterly
Annual (note
4)
[deleted]
[deleted]
[deleted]
(note 4)
than BIPRU
firms or
IFPRU
investment
firms
Annually
Annually
[deleted]
FSA008
FSA016
FSA018
FSA019
FSA028
…
FSA039
FSA040
FSA045
FSA046
…
FSA058
Quarterly
[deleted]
Quarterly
Half yearly
Quarterly
Annually
Half yearly
[deleted]
Half yearly
Quarterly
Annually
Half yearly
Half yearly
Quarterly
Quarterly
Quarterly
[deleted]
Half yearly
Quarterly
Quarterly
Quarterly
Quarterly
[deleted]
Quarterly
[deleted]
[deleted]
[deleted]
Quarterly
[deleted]
Quarterly
Half yearly
Quarterly
Annually
Half yearly
[deleted]
Half yearly
Half yearly
Quarterly
Half yearly
Quarterly
[deleted]
Half yearly
Quarterly
Half yearly
Quarterly
Half yearly
Quarterly
Quarterly
[deleted]
Quarterly
Quarterly
Page 17 of 48
Annually
Half yearly
Annually
Half yearly
Quarterly
Appendix X
[deleted]
…
FIN067
FIN068
…
Quarterly
16.12.13 R The applicable due dates for submission referred to in SUP 16.12.4R are set
out in the table below. The due dates are the last day of the periods given in the
table below following the relevant reporting frequency period set out in SUP
16.12.12R, unless indicated otherwise.
Data item
Daily
Weekly
Quarterly
Half yearly
Annual
Refer to EU CRR
COREP/FINREP
Annual report and
accounts
Monthly
…
…
FIN067
FIN068
…
20 business
days
…
Regulated Activity Group 4
…
16.12.15
R The applicable data items referred to in SUP 16.12.4R according to type of
firm are set out in the table below:
[The columns in the table at SUP 16.12.15R entitled ‘125K and collective portfolio
management investment firms’ and ‘50k’ below are deleted in their entirety. The deleted text
is not shown.]
Description of
data item
Annual report
and accounts
Firms’ prudential category and applicable data items (note 1)
BIPRU IFPRU investment firms and
Firms other than BIPRU firms or IFPRU investment firms
BIPRU firms
730
125K and
50
BIPRU
IPRU
IPRU
IPRU
IPRU
IPRU
UPRU
K
collective
K
(INV)
(INV)
(INV)
(INV)
(INV)
IFP
portfolio
Chapter Chapter Chapter Chapter Chapter
RU managemen
3
5
9
11
13
t investment
(collecti
firms
ve
portfolio
manage
ment
firms
only)
…
No
standard
Page 18 of 48
Appendix X
Annual report
and accounts of
the mixedactivity holding
company (note
10)
Solvency
statement
…
Balance sheet
FSA001
/FINREP
(notes 2 and
34)
FSA002
/FINREP
(notes 2 and
34)
Income
statement
format
(note 13)
No
standard
format
(note 13)
…
Capital
adequacy
FSA003
(note 2)
COREP
(note 34)
Supplementary
capital data for
collective
portfolio
management
investment
firms
FIN067
(Note 32)
Credit risk
FSA004
(notes 2, 3)
COREP
(note 34)
Market risk
…
Market risk supplementary
…
Operational risk
FSA007
(notes 2, 6,
7) COREP
(note 34)
Large
exposures
FSA008
(Notes 2, 6)
COREP
(note 34)
UK integrated
group large
exposures
Exposures
between core
UK group and
…
…
…
…
…
…
…
No
standard
format
(note 11)
FSA001
(note 2)
…
…
…
…
…
…
…
…
FSA002
(note 2)
…
…
…
FIN066
FSA030
…
…
FSA003
(note 2)
…
…
…
…
…
…
FIN068
(Note 32)
FSA004
(notes 2,
3)
FSA005
(notes
2,4)
FSA006
(note 5)
Page 19 of 48
Appendix X
non-core large
exposures
group
Solo
consolidation
data
Pillar 2
questionnaire
Non-EEA subgroup
FSA016
(note 20)
…
FSA019
(note 8)
FSA028
(note 9)
…
FSA028
(note 9)
COREP
(note 34)
…
Volumes and
types of
business (note
21)
Client money
and client assets
…
…
FSA038
…
…
…
…
…
…
…
FSA039
…
…
…
…
…
…
IRB portfolio
risk
…
Securitisation :
non-trading
book
FSA046
(note 19)
FSA045
(note 18)
FSA046
(note 19)
Daily Flows
FSA047/CO
REP (Notes
23, 26, 28,
and 30 and
34)
FSA048/CO
REP (Notes
23, 26, 28,
and 30 and
34)
FSA050/CO
REP (Notes
24, 27, 28,
and 30 and
34)
FSA051/CO
REP (Notes
24, 27, 28,
and 30 and
34)
FSA052/CO
REP (Notes
24, 28, 30,
and 31 and
34)
FSA053/CO
REP (Notes
24, 27, 28,
and 30 and
34)
Enhanced
Mismatch
Report
Liquidity
Buffer
Qualifying
Securities
Funding
Concentration
Pricing data
Retail and
corporate
funding
…
…
COREP
(note 34)
Page 20 of 48
Appendix X
Currency
Analysis
Systems and
Controls
Questionnaire
Securitisation:
trading book
FSA054/CO
REP (Notes
24, 27, 28,
and 30 and
34)
FSA055/CO
REP (Notes
25, 30 and
34) …
FSA058
(Note 29)
FSA055
(Notes
25 and
30)
FSA058
(Note 29)
COREP
(note 34)
Note 1
All firms, except IFPRU investment firms in relation to data items reported under the EU CRR, when
When submitting the completed data item required, must use the format of the data item set out in SUP
16 Annex 24R. Guidance notes for completion of the data items are contained in SUP 16 Annex 25G.
…
Note 6
This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms unless they
have a waiver under BIPRU 6.1.2 G. [deleted]
Note 7
This is only applicable to a firm that has adopted, in whole or in part, either the standardised approach,
alternative standardised approach, or advanced measurement approach under BIPRU 6 [deleted]
Note 8
Only applicable to BIPRU IFPRU investment firms and BIPRU firms that:
(a) are subject to consolidated supervision under BIPRU 8, except those that are either included within
the consolidated supervision of a group that includes a UK credit institution, or that have been granted
an investment firm consolidation waiver; or
(b) have been granted an investment firm consolidation waiver; or
(c) are not subject to consolidated supervision under BIPRU 8.
A BIPRU An IFPRU investment firm and a BIPRU firm under (a) must complete the report on the basis
of its UK consolidation group. A BIPRU An IFPRU investment firm and a BIPRU firm under (b) or (c)
must complete the report on the basis of its solo position.
…
Note 12
Members of a UK integrated group should only submit this data item at the UK integrated group level.
Only applicable to a firm that has both a core UK group and a non-core large exposures group.
…
Note 33
Only applicable to firms that have a managing investments permission.
Note 34
Requirements under COREP and FINREP should be determined with reference to the EU CRR.
16.12.15A
G The columns column in the table in SUP 16.12.15R that deal deals with
BIPRU 50K firms and BIPRU 125K firms IFPRU firms cover some liquidity
items that only have to be reported by an ILAS BIPRU firm (please see notes
25 and 30). In fact a BIPRU 50K firm and a BIPRU 125K firm cannot be an
ILAS BIPRU firm. One reason for drafting the table in this way is that the
Page 21 of 48
Appendix X
classification of firms into ILAS BIPRU firms and non-ILAS BIPRU firms is
not based on the classification into BIPRU 50K firms, BIPRU 125K firms
and BIPRU 730K firms and the drafting of the table emphasises that. Also,
the table covers consolidated reports and the conditions about what sort of
group has to supply what type of liquidity report do not always depend on
how the individual firm is classified.
16.12.16 R The applicable reporting frequencies for data items referred to in SUP
16.12.15R are set out in the table below according to firm type. Reporting
frequencies are calculated from a firm's accounting reference date, unless
indicated otherwise.
Data item
BIPRU
IFPRU
730K firm
COREP/FINREP
Annual report
and accounts
Annual report
and accounts of
the mixedactivity holding
company
Solvency
statement
FSA001
FSA002
FSA003
Firms’ prudential category
BIPRU
BIPRU
BIPRU firm
IFPRU
IFPRU 50K
125K firm
firm
and
collective
portfolio
management
investment
firm
Refer to EU CRR
UK
consolidation
group or
defined
liquidity
group
Refer to EU
CRR
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Quarterly
Quarterly
Monthly
[deleted]
Quarterly
[deleted]
Quarterly
Quarterly
Quarterly
[deleted]
Quarterly
Half yearly
Half yearly
Half yearly
[deleted]
Half yearly
[deleted]
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Quarterly
[deleted]
Quarterly
Half yearly
[deleted]
Half yearly
Half yearly
Quarterly
Annual
(note 4)
[deleted]
Quarterly
Annual
Quarterly
Annual
(note 4)
[deleted]
Quarterly
Annual
(note 4)
Quarterly
Annual (note
4)
FSA008
Quarterly
[deleted]
Quarterly
[deleted]
Quarterly
[deleted]
FSA016
FSA018
Half yearly
Quarterly
Half yearly
Quarterly
Half yearly
Quarterly
FSA004
FSA005
FSA006
FSA007
[deleted]
[deleted]
(note 4)
[deleted]
Page 22 of 48
Annually
Annually
Quarterly
Half yearly
Firm other
than BIPRU
firms or
IFPRU
investment
firms
Appendix X
FSA019
FSA028
…
FSA038
FSA039
…
FSA045
FSA046
FSA047
Annually
Half yearly
[deleted]
Annually
Half yearly
Annually
Half yearly
[deleted]
Annually
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Quarterly
Quarterly
[deleted]
Quarterly
Quarterly
Half yearly
Quarterly
[deleted]
Half yearly
Quarterly
Half yearly
Quarterly
Annually
(Note 5)
Quarterly
Daily,
weekly,
monthly or
quarterly
(Notes 5, 7
and 8)
Daily,
weekly,
monthly or
quarterly
(Notes 5, 7
and 8)
Monthly
(Note 5)
Monthly
(Note 5)
Weekly or
monthly
(Notes 5 and
10)
Quarterly
(Note 5)
Quarterly
(Note 5)
Annually
(Note 5)
Quarterly
[deleted]
[deleted]
Daily, weekly, monthly or quarterly (Notes
5, 6 and 8)
FSA048
Daily, weekly, monthly or quarterly (Notes
5, 6 and 8)
FSA050
Monthly (Note 5)
FSA051
Monthly (Note 5)
FSA052
Weekly or monthly (Notes 5 and 9)
FSA053
Quarterly (Note 5)
FSA054
Quarterly (Note 5)
FSA055
Annually (Note 5)
FSA058
Quarterly
[deleted]
…
FIN067
FIN068
…
Quarterly
[deleted]
Quarterly
[deleted]
…
Annually
Half yearly
Half yearly
Quarterly
16.12.17 R The applicable due dates for submission referred to in SUP 16.12.4R are set
out in the table below. The due dates are the last day of the periods given in the
table below following the relevant reporting frequency period set out in SUP
16.12.16R, unless indicated otherwise.
Data item
Daily
Monthly
Quarterly
Refer to EU CRR
COREP/FINREP
Annual report and
Weekly
…
Page 23 of 48
Half yearly
Annual
Appendix X
accounts
…
FIN067
FIN068
…
20 business
days
…
…
Regulated Activity Group 5
…
16.12.18A
R
The applicable data items, reporting frequencies and submission deadlines
referred to in SUP 16.12.4R are set out in the table below. Reporting
frequencies are calculated from a firm's accounting reference date, unless
indicated otherwise. The due dates are the last day of the periods given in
the table below following the relevant reporting frequency period.
Description of data item
Data item (note 1)
Frequency
Submission deadline
Section C MLAR (Note
2)
…
…
…
Capital Adequacy
…
Note 1
…
Note 2
If a firm is subject to IFPRU then that firm should submit COREP instead of MLAC.
If a firm is subject to BIPRU then that firm should submit FSA003.
Regulated Activity Group 7
…
16.12.22A
R The applicable data items referred to in SUP 16.12.4R are set out according
to type of firm in the table below:
[The columns in the table at SUP 16.12.22AR entitled ‘BIPRU 125K firm and collective
portfolio management investment firms’ and ‘BIPRU 50k firm’ below are deleted in their
entirety. The deleted text is not shown.]
Description of
Data item
BIP
RU
BIPRU
125K and
Firms’ prudential category and applicable data items (note 1)
BI
BIPRU
Exempt CAD firms
Firms (other than
PR
firm
subject to
exempt CAD firms)
Page 24 of 48
Firms that are
also in one or
Appendix X
Annual report
and accounts
730
collective
K
portfolio
firm managemen
IFP t investment
RU
firms
No standard format
Annual report
and accounts of
the mixedactivity holding
company (note
10)
Solvency
statement
No standard format
Balance sheet
FSA001/FIN
REP (notes 2
and 29)
FSA002/FIN
REP (notes 2
and 29)
Income
statement
U
50
K
No
standard
format
No
standard
format
No standard format (note
11)
Capital
adequacy
FSA003
(note 2)
COREP
(note 29)
Credit risk
FSA004
(notes 2, 3)
COREP
(note 29)
Market risk
FSA005
(notes 2, 4)
COREP
(note 29)
Market risk supplementary
…
Operational risk
FSA007
(notes 2, 6,
7) COREP
(note 29)
Large
exposures
FSA008
(Notes 2, 6)
COREP
(note 29)
UK integrated
group large
exposures
Exposures
between core
UK group and
non-core large
exposures
…
IPRU(INV) Chapter
13
…
…
…
…
…
No
standard
format
(note 11)
FSA001
(note 2)
subject to
IPRU(INV) Chapter
13
…
…
…
FSA002
(note 2)
…
…
…
FSA003
(note 2)
…
…
…
…
FSA004
(notes 2,
3)
…
…
FSA005
(notes
2,4)
…
…
FSA006
(note 5)
…
…
…
…
…
…
Page 25 of 48
more of RAGs 1
to 6 and not
subject to
IPRU(INV)
Chapter 13
Appendix X
group
Solo
consolidation
data
Pillar 2
questionnaire
…
…
…
…
FSA016
…
…
…
…
FSA019
(note 8)
FSA028
(note 9)
Non-EEA subgroup
FSA028
(note 9)
COREP
(note 29)
Professional
indemnity
insurance (note
15)
…
Training and
Competence
…
…
…
Section
E RMAR
…
…
…
COBS data
…
…
…
Client money
and client assets
Fees and levies
…
…
…
…
…
…
Adviser charges
…
…
…
Consultancy
charges
IRB portfolio
risk
…
…
…
Securitisation :
non-trading
book
FSA046
(note 14)
Section
G
RMAR
Section
H
RMAR
Section
C RMAR
Section J
RMAR
Section
K
RMAR
(Note 26)
Section L
RMAR
FSA045
(note 13)
FSA046
(note 14)
Daily Flows
FSA047/CO
REP (Notes
16, 19, 21,
and 24 and
29)
FSA048/CO
REP (Notes
16, 19, 21,
and 24 and
29)
FSA050/CO
REP (Notes
17, 20, 21,
and 24 and
29)
FSA051/CO
REP (Notes
17, 20, 21,
and 24 and
29)
Enhanced
Mismatch
Report
Liquidity
Buffer
Qualifying
Securities
Funding
Concentration
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
COREP
(note 29)
Page 26 of 48
Appendix X
Pricing data
Retail and
corporate
funding
Currency
Analysis
Systems and
Controls
Questionnaire
Securitisation:
trading book
FSA052/CO
REP (Notes
17, 20, 21,
and 24 and
29)
FSA053/CO
REP (Notes
17, 20, 21,
and 24 and
29)
FSA054/CO
REP (Notes
17, 20, 21,
and 24 and
29)
FSA055/CO
REP (notes
18, 24 and
29)
FSA058
(Note 29)
FSA055
(notes 18
and 24)
FSA058
(Note 22)
COREP
(note 29)
Supplementary
capital data for
collective
portfolio
management
investment
firms
…
FIN067
(Note 28)
FIN068
(Note 28)
…
Note 6
This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms unless they
have a waiver under BIPRU 6.1.2 G. [deleted]
Note 7
This is only applicable to a firm that has adopted, in whole or in part, either the standardised approach,
alternative standardised approach, or advanced measurement approach under BIPRU 6. [deleted]
Note 8
Only applicable to BIPRU IFPRU investment firms and BIPRU firms that:
(a) are subject to consolidated supervision under BIPRU 8, except those that are either included within
the consolidated supervision of a group that includes a UK credit institution, or that have been granted
an investment firm consolidation waiver; or
(b) have been granted an investment firm consolidation waiver; or
(c) are not subject to consolidated supervision under BIPRU 8.
A BIPRU An IFPRU investment firm and a BIPRU firm under (a) must complete the report on the basis
of its UK consolidation group. A BIPRU An IFPRU investment firm and a BIPRU firm under (b) or (c)
must complete the report on the basis of its solo position.
…
Note 12
Members of a UK integrated group should only submit this data item at the UK integrated group level.
Only applicable to a firm that has both a core UK group and a non-core large exposures group.
…
Page 27 of 48
Appendix X
This item only applies to firms that are subject to an FSA FCA requirement to hold professional
indemnity insurance and are not exempt CAD firms.
Note 15
…
If it is a non-ILAS BIPRU firm, it must complete it on a solo basis. Therefore even if it has a solo
consolidation waiver it must complete the item on an unconsolidated basis by reference to the firm alone.
Note 18
…
Requirements under COREP and FINREP should be determined with reference to the EU CRR.
Note 29
G The columns column in the table in SUP 16.12.22AR that deal deals with
BIPRU 50K firms and BIPRU 125K firms IFPRU firms cover some liquidity
items that only have to be reported by an ILAS BIPRU firm (see notes 18
and 24). In fact a BIPRU 50K firm and a BIPRU 125K firm cannot be an
ILAS BIPRU firm. One reason for drafting the table in this way is that the
classification of firms into ILAS BIPRU firms and non-ILAS BIPRU firms is
not based on the classification into BIPRU 50K firms, BIPRU 125K firms
and BIPRU 730K firms and the drafting of the table emphasises that. Also,
the table covers consolidated reports and the conditions about what sort of
group has to supply what type of liquidity report do not always depend on
how the individual firm is classified.
16.12.22B
16.12.23
R The applicable reporting frequencies for data items referred to in SUP
16.12.22A R are set out in the table below. Reporting frequencies are
calculated from a firm's accounting reference date, unless indicated otherwise.
[deleted]
[The table in SUP 16.12.23R is deleted in its entirety]
16.12.23A
R The applicable reporting frequencies for data items referred to in SUP
16.12.22AR are set out in the table below. Reporting frequencies are
calculated from a firm's accounting reference date, unless indicated
otherwise.
Data item
Frequency
Unconsolidated
BIPRU
investment firm
and IFPRU
investment firm
COREP/FINREP
Annual reports
and accounts
Annual accounts
of the mixedactivity holding
Annually
Solo
consolidated
BIPRU
investment firm
and IFPRU
investment firm
UK
Consolidation
Group or
defined liquidity
group
Refer to EU CRR
Annually
Page 28 of 48
Annual
regulated
business
revenue up to
and including
£5 million
Annual
regulated
business
revenue over £5
million
Annually
Annually
Annually
Annually
Appendix X
company
Solvency
statement
Annually
FSA001
Quarterly or
half yearly
(Note 1)
Quarterly or
half yearly
(Note 1)
Half yearly
FSA002
Quarterly or
half yearly
(Note 1)
Quarterly or
half yearly
(Note 1)
Half yearly
FSA003
Monthly,
quarterly or half
yearly (Notes 2
and 11)
Monthly,
quarterly or half
yearly (Notes 2
and 11)
Half yearly
Quarterly or
half yearly
(Notes 1 and
11)
Quarterly or
half yearly
(Notes 1 and
11)
Quarterly
Quarterly or
half yearly
(Notes 1 and
11)
Quarterly or
half yearly
(Note 1)
Half yearly
Quarterly
Quarterly
Quarterly (Note
11)
Quarterly
FSA004
FSA005
FSA006
FSA007
FSA008
Half yearly
Annually
Quarterly (Note
11)
FSA016
Half yearly
FSA018
Quarterly
Quarterly
Quarterly
FSA019
Annually
Annually
Annually
FSA028
Half yearly
(Note 11)
Half yearly
(Note 11)
FSA032
Quarterly
FSA045
Quarterly or
half yearly
(Note 1)
Quarterly or
half yearly
(Note 1)
Half yearly
FSA046
Quarterly
Quarterly
Quarterly
FSA047
Daily, weekly,
monthly or
quarterly (Notes
4, 5 and 7)
Daily, weekly,
monthly or
quarterly (Notes
4, 5, 7 and 10)
Daily, weekly,
monthly or
quarterly (Notes
4, 6 and 7)
FSA048
Daily, weekly,
monthly or
quarterly (Notes
4, 5 and 7)
Daily, weekly,
monthly or
quarterly (Notes
4, 5, 7 and 10)
Daily, weekly,
monthly or
quarterly (Notes
4, 6 and 7)
Page 29 of 48
Quarterly
Appendix X
FSA050
Monthly (Note
4)
Monthly (Notes
4 and 10)
Monthly (Note
4)
FSA051
Monthly (Note
4)
Monthly (Notes
4 and 10)
Monthly (Note
4)
FSA052
Weekly or
monthly (Notes
4 and 8)
Weekly or
monthly (Notes
4, 8 and 10)
Weekly or
monthly (Notes
4 and 9)
FSA053
Quarterly (Note
4)
Quarterly
(Notes 4 and
10)
Quarterly (Note
4)
FSA054
Quarterly (Note
4)
Quarterly
(Notes 4 and
10)
Quarterly (Note
4)
FSA055
Annually (Note
4)
Annually
(Notes 4 and
10)
Annually (Note
4)
FSA058
Quarterly (Note
11)
Quarterly (Note
11)
Quarterly
FIN067
Quarterly
FIN068
Quarterly
Section A
RMAR
Half yearly
Quarterly
Section B
RMAR
Half yearly
Quarterly
Section C
RMAR
Half yearly
Quarterly
Section D6
RMAR
Half yearly
Quarterly
Section E
RMAR
Half yearly
Half yearly
Half yearly
Half yearly
Quarterly
Section F
RMAR
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Section G
RMAR
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Section H
RMAR
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Section J RMAR
Annually
Annually
Annually
Annually
Annually
Section K
RMAR
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Page 30 of 48
Appendix X
Section L
RMAR
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Note 1
IFPRU 730K firms and IFPRU 125K firms - quarterly;
IFPRU 50K firms and BIPRU firms - half yearly.
Note 2
IFPRU 730K firms - monthly;
IFPRU 125K firms - quarterly;
IFPRU 50K firms and BIPRU firms - half yearly.
Note 3
The reporting date for this data item is six months after a firm's most recent accounting
reference date.
Note 4
Reporting frequencies and reporting periods for this data item are calculated on a calendar
year basis and not from a firm's accounting reference date. In particular:
(1) a week means the period beginning on Saturday and ending on Friday;
(2) a month begins on the first day of the calendar month and ends on the last day of that
month;
(3) quarters end on 31 March, 30 June, 30 September and 31 December;
(4) daily means each business day.
All periods are calculated by reference to London time.
Any changes to reporting requirements caused by a firm receiving an intra-group liquidity
modification (or a variation to one) do not take effect until the first day of the next reporting
period applicable under the changed reporting requirements if the firm receives that intragroup liquidity modification or variation part of the way through such a period, unless the
intra-group liquidity modification says otherwise.
Note 5
If the report is on a solo basis the reporting frequency is as follows:
(1) if the firm does not have an intra-group liquidity modification the frequency is:
(a) weekly if the firm is a standard frequency liquidity reporting firm; and
(b) monthly if the firm is a low frequency liquidity reporting firm;
(2) if the firm is a group liquidity reporting firm in a non-UK DLG by modification (firm
level) the frequency is:
(a) weekly if the firm is a standard frequency liquidity reporting firm; and
(b) monthly if the firm is a low frequency liquidity reporting firm;
(3) the frequency is quarterly if the firm is a group liquidity reporting firm in a UK DLG by
modification.
Note 6
(1) If the report is by reference to the firm's DLG by default the reporting frequency is:
(a) weekly if the group liquidity standard frequency reporting conditions are met;
(b) monthly if the group liquidity low frequency reporting conditions are met.
(2) If the report is by reference to the firm's UK DLG by modification the reporting
frequency is:
Page 31 of 48
Appendix X
(a) weekly if the group liquidity standard frequency reporting conditions are met;
(b) monthly if the group liquidity low frequency reporting conditions are met.
(3) If the report is by reference to the firm's non-UK DLG by modification the reporting
frequency is quarterly.
(1) If the reporting frequency is otherwise weekly, the item is to be reported on every
business day if (and for as long as) there is a firm-specific liquidity stress or market liquidity
stress in relation to the firm or group in question.
Note 7
(2) If the reporting frequency is otherwise monthly, the item is to be reported weekly if (and
for as long as) there is a firm-specific liquidity stress or market liquidity stress in relation to
the firm or group in question.
(3) A firm must ensure that it would be able at all times to meet the requirements for daily or
weekly reporting under paragraph (1) or (2) even if there is no firm-specific liquidity stress
or market liquidity stress and none is expected.
Note 8
If the report is on a solo basis the reporting frequency is as follows:
(1) weekly if the firm is a standard frequency liquidity reporting firm; and
(2) monthly if the firm is a low frequency liquidity reporting firm.
If the report is by reference to the firm's UK DLG by modification the reporting frequency
is:
Note 9
(1) weekly if the group liquidity standard frequency reporting conditions are met;
(2) monthly if the group liquidity low frequency reporting conditions are met.
Note 10
As specified in SUP 16.12.22AR, solo consolidation has no application to liquidity
reporting. Therefore it does not make any difference to the reporting of this item whether or
not the firm is solo consolidated.
Note 11
Only applicable to firms that are not required to report a data item with a similar name and
purpose under the EU CRR.
…
Regulated Activity Group 8
…
16.12.25A
R The applicable data items referred to in SUP 16.12.4R are set out according
to type of firm in the table below:
[The columns in the table at SUP 16.12.25AR entitled ‘125K’ and ‘50k’ below are deleted in
their entirety. The deleted text is not shown.]
Description of
Firms’ prudential category and applicable data items (note 1)
Page 32 of 48
Appendix X
data item
BIPRU IFPRU investment firms and
BIPRU firms
730K 125K
50 BIPRU
IFPR
K
U
Annual report
and accounts
Annual report
and accounts
of the mixedactivity
holding
company (note
10)
Solvency
statement
Balance sheet
…
Income
statement
Firms other than BIPRU firms or IFPRU investment
firms
IPRU
IPRU
IPRU
IPRU
UPR
(INV)
(INV)
(INV)
(INV)
U
Chapter Chapter Chapter Chapter
3
5
9
13
…
…
FSA001/FIN
REP (notes 2
and 30)
FSA002/FIN
REP (notes 2
and 30)
Capital
adequacy
FSA003 (note
2) COREP
(note 30)
Credit risk
FSA004
(notes 2, 3)
COREP (note
30
Market risk
FSA005
(notes 2, 4)
COREP (note
30)
Market risk supplementary
FSA006 (note
5)
Operational
risk
FSA007
(notes 2, 6, 7)
COREP (note
30)
Large
exposures
FSA008
(Notes 2, 6)
COREP (note
30)
UK integrated
group large
exposures
Exposures
between core
UK group and
non-core large
exposures
…
…
…
…
FSA001
(note 2)
…
…
…
…
…
…
FSA002
(note 2)
…
…
…
…
…
…
…
FSA003
(note 2)
…
…
…
…
…
…
…
FSA004
(notes 2,
3)
…
…
FSA005
(notes
2,4)
…
…
FSA006
(note 5)
…
…
…
…
…
…
Page 33 of 48
Appendix X
group
Solo
consolidation
data
Pillar 2
questionnaire
Non-EEA subgroup
…
…
FSA028 (note
9) COREP
(note 30)
…
…
FSA016
(note 20)
…
…
…
…
FSA019
(note 8)
FSA028
(note 9)
…
Client money
and client
assets
IRB portfolio
risk
…
…
…
FSA039
…
…
…
Securitisation :
non-trading
book
FSA046 (note
19)
…
…
FSA045
(note 18)
FSA046
(note 19)
Daily Flows
Systems and
Controls
Questionnaire
FSA047/COR
EP (Notes 21,
24, 26, and 28
and 30)
FSA048/COR
EP (Notes 21,
24, 26, and 28
and 30)
FSA050/COR
EP (Notes 22,
25, 26, and 28
and 30)
FSA051/COR
EP (Notes 22,
25, 26, and 28
and 30)
FSA052/COR
EP (Notes 22,
26, 28, and 29
and 30)
FSA053/COR
EP (Notes 22,
25, 26, and 28
and 30)
FSA054/COR
EP (Notes 22,
25, 26, and 28
and 30)
FSA055/COR
EP (notes 23,
28 and 30)
Securitisation:
trading book
FSA058
(Note 27)
Enhanced
Mismatch
Report
Liquidity
Buffer
Qualifying
Securities
Funding
Concentration
Pricing data
Retail and
corporate
funding
Currency
Analysis
COREP (note
30)
FSA055
(notes 23
and 28)
FSA058
(Note 27)
COREP (note
30)
Page 34 of 48
Appendix X
…
Note 6
This will not be applicable to BIPRU limited activity firms or BIPRU limited licence firms
unless they have a waiver under BIPRU 6.1.2 G. [deleted]
Note 7
This is only applicable to a firm that has adopted, in whole or in part, either the standardised
approach, alternative standardised approach, or advanced measurement approach under
BIPRU 6 [deleted]
Note 8
Only applicable to BIPRU IFPRU investment firms and BIPRU firms that:
(a) are subject to consolidated supervision under BIPRU 8, except those that are either
included within the consolidated supervision of a group that includes a UK credit institution,
or that have been granted an investment firm consolidation waiver; or
(b) have been granted an investment firm consolidation waiver; or
(c) are not subject to consolidated supervision under BIPRU 8.
A BIPRU An IFPRU investment firm and a BIPRU firm under (a) must complete the report on
the basis of its UK consolidation group. A BIPRU An IFPRU investment firm and a BIPRU
firm under (b) or (c) must complete the report on the basis of its solo position.
…
Note 12
Members of a UK integrated group should only submit this data item at the UK integrated
group level. Only applicable to a firm that has both a core UK group and a non-core large
exposures group.
…
Note 30
16.12.25B
16.12.26
Data Item
Requirements under COREP and FINREP should be determined with reference to the EU
CRR.
G The columns column in the table in SUP 16.12.25AR that deal deals with
BIPRU 50K firms and BIPRU 125K firms IFPRU firms cover some liquidity
items that only have to be reported by an ILAS BIPRU firm (see notes 23
and 28). In fact a BIPRU 50K firm and a BIPRU 125K firm cannot be an
ILAS BIPRU firm. One reason for drafting the table in this way is that the
classification of firms into ILAS BIPRU firms and non-ILAS BIPRU firms is
not based on the classification into BIPRU 50K firms, BIPRU 125K firms
and BIPRU 730K firms and the drafting of the table emphasises that. Also,
the table covers consolidated reports and the conditions about what sort of
group has to supply what type of liquidity report do not always depend on
how the individual firm is classified.
R The applicable reporting frequencies for data items referred to in SUP
16.12.25AR are set out according to the type of firm in the table below.
Reporting frequencies are calculated from a firm's accounting reference date,
unless indicated otherwise.
Firms’ prudential category
Page 35 of 48
Appendix X
BIPRU
IFPRU
730K firm
FSA004
FSA005
FSA006
FSA007
FSA008
FSA016
FSA018
FSA019
FSA028
…
FSA039
…
FSA045
FSA046
FSA047
BIPRU
IFPRU 50K
firm
BIPRU firm
Refer to EU CRR
COREP/FINREP
Annual report
and accounts
Annual report
and accounts of
the mixedactivity holding
company
Solvency
statement
FSA001
FSA002
FSA003
BIPRU
IFPRU
125K firm
UK
consolidation
group or
defined
liquidity
group
Refer to EU
CRR
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Annually
Quarterly
Quarterly
Monthly
[deleted]
Quarterly
[deleted]
Quarterly
[deleted]
Quarterly
Annual
(note 4)
[deleted]
Quarterly
[deleted]
Half yearly
Quarterly
Annually
Half yearly
[deleted]
Quarterly
Quarterly
Quarterly
[deleted]
Quarterly
[deleted]
Quarterly
[deleted]
Quarterly
Annual
(note 4)
[deleted]
Quarterly
[deleted]
Half yearly
Quarterly
Annually
Half yearly
[deleted]
Half yearly
Half yearly
Half yearly
[deleted]
Half yearly
[deleted]
Half yearly
[deleted]
Quarterly
Annual (note
4) [deleted]
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Half yearly
Quarterly
Annual
(note 4)
Annual (note
4)
Half yearly
Half yearly
Half yearly
Quarterly
[deleted]
Half yearly
Quarterly
Annually
Half yearly
[deleted]
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
Quarterly
[deleted]
[deleted]
[deleted]
Daily, weekly, monthly or quarterly (Notes
5, 6 and 8)
FSA048
Daily, weekly, monthly or quarterly (Notes
5, 6 and 8)
FSA050
Monthly (Note 5)
FSA051
Monthly (Note 5)
FSA052
Weekly or monthly (Notes 5 and 9)
Page 36 of 48
Firm other
than BIPRU
firms or
IFPRU
investment
firms
Annually
Annually
Quarterly
Half yearly
Annually
Half yearly
Annually
Half yearly
Half yearly
Quarterly
Half yearly
Half yearly
Quarterly
Daily,
weekly,
monthly or
quarterly
(Notes 5, 7
and 8)
Daily,
weekly,
monthly or
quarterly
(Notes 5, 7
and 8)
Monthly
(Note 5)
Monthly
(Note 5)
Weekly or
monthly
Appendix X
FSA053
Quarterly (Note 5)
FSA054
Quarterly (Note 5)
FSA055
Annually (Note 5)
FSA058
Quarterly
[deleted]
…
16.12.27
Quarterly
[deleted]
Quarterly
[deleted]
Annually
(Note 5)
Quarterly
(Notes 5 and
10)
Quarterly
(Note 5)
Quarterly
(Note 5)
Annually
(Note 5)
Quarterly
R The applicable due dates for submission referred to in SUP 16.12.4R are set
out in the table below. The due dates are the last day of the periods given in the
table below following the relevant reporting frequency period set out in SUP
16.12.26R, unless indicated otherwise.
Data item
Daily
Weekly
Monthly
Refer to EU CRR
COREP/FINREP
Annual accounts
Quarterly
Half
yearly
Annual
…
...
…
…
16.16
Prudent valuation reporting
Application
16.16.1
R
This section applies to a UK bank, UK designated investment firm or a
BIPRU 730K firm full-scope IFPRU investment firm, which meets the
condition in SUP 16.16.2R.
…
Purpose
16.16.3
R
(1)
The purpose of this section is to set out the requirements for a firm
specified in SUP 16.16.1R to report the outcomes of its prudent
valuation assessments under the prudent valuation rules, in GENPRU
1.3.4R and GENPRU 1.3.14R to GENPRU 1.3.34R, to the
appropriate regulator and to do so in a standard format.
Page 37 of 48
Appendix X
(2)
The purpose of collecting this data on the prudent valuation
assessments made by a firm under GENPRU 1.3.4R and GENPRU
1.3.14R to GENPRU 1.3.34R is to assist the appropriate regulator in
assessing the capital resources of firms, to enable the appropriate
regulator to gain a wider understanding of the nature and sources of
measurement uncertainty in fair-valued financial instruments, and to
enable comparison of the nature and level of that measurement
uncertainty across firms and over time.
[Note: articles 24 and 105 of the EU CRR]
Reporting requirement
16.16.4
R
(1)
A firm to which this section applies must submit to the appropriate
regulator quarterly (on a calendar year basis and not from a firm's
accounting reference date), within six weeks of each quarter end, a
Prudent Valuation Return in respect of its fair-value assessments
under GENPRU 1.3.4R and GENPRU 1.3.14R to GENPRU 1.3.34R
in the format set out in SUP 16 Annex 31AR.
…
16.16.5
R
Where a firm to which SUP 16.16.4R applies is a member of a UK FCA
consolidation group, the firm must comply with SUP 16.16.4R:
(1)
on a solo an individual-consolidation basis if the firm has a solo
consolidation waiver an individual consolidation permission, or on an
unconsolidated basis if the firm does not have a solo consolidation
waiver an individual consolidation permission; and
(2)
separately, on the basis of the consolidated financial position of the
UK FCA consolidation group. (Firms' attention is drawn to SUP
16.3.25G regarding a single submission for all firms in the group.)
…
16.17
Remuneration reporting
…
High Earners Reporting Requirements
16.17.4
R
…
(8)
A firm to which this section applies on the date it comes into effect
must submit two reports by 31 December 2012: one for each of the
previous two complete financial years that ended before this section
came into force. [deleted]
(9)
...
Page 38 of 48
Appendix X
(10) This rule applies to a BIPRU firm and a third country BIPRU firm
bank, building society and an investment firm that:
(a)
is not a BIPRU limited licence firm or a BIPRU limited activity
firm; and
(b)
is not, and does not have, an EEA parent institution or an EEA
parent financial holding company.
(11) This rule also applies to a BIPRU firm and a third country BIPRU
firm bank, building society and an investment firm that:
(a)
is not a BIPRU limited licence firm or a BIPRU limited activity
firm; and
(b)
is part of a UK lead regulated group.
(12) This rule also applies to a BIPRU limited licence firm or a BIPRU
limited activity firm:
(a)
that is part of a UK lead regulated group; and
(b)
where that UK lead regulated group contains either: a BIPRU
firm or a third country BIPRU firm that is not a BIPRU limited
licence firm or a BIPRU limited activity firm.
(i)
a bank, building society or an investment firm that is not
a limited licence firm or a limited activity firm; or
(ii)
an overseas firm that;
(A)
is not an EEA firm;
(B)
has its head office outside the EEA; and
(C)
would be a bank, building society or an
investment firm that is not a limited licence firm
or limited activity firm, if it had been a UK
domestic firm, had carried on all of its business
in the United Kingdom and had obtained
whatever authorisations for doing so as are
required under the Act.
(13) This rule also applies to an overseas firm that:
(a)
is not an EEA firm;
(b)
has its head office outside the EEA;
(c)
would be a bank, building society or an investment firm that is
not a limited licence firm or limited activity firm, if it had been
a UK domestic firm, had carried on all of its business in the
United Kingdom and had obtained whatever authorisations for
doing so as are required under the Act;
Page 39 of 48
Appendix X
and either:
16.17.5
G
(d)
is not, and does not have, an EEA parent institution or an EEA
parent financial holding company; or
(e)
is part of a UK lead regulated group.
Firms' attention is drawn to SUP 16.3.25G regarding a single submission for
all firms in a group.
Page 40 of 48
Appendix X
16 Annex 25G Guidance notes for data items in SUP 16 Annex 24R
Delete the guidance note entitled ‘FSA018 – UK integrated group large exposures’ and
substitute with the following. The new text is not underlined:
FSA018 – Exposures from the core UK group to the noncore large exposures group
This data item is only applicable to firms that have both a core UK group and a non-core
large exposures group and captures information on exposures from the core UK group
(including the firm) to the non-core large exposures group. A single report is required in
respect of exposures from all members of the core UK group (including the firm), reflecting
the exposures at the reporting date.
FSA018 was originally constructed to capture information on the level of exposures from the
UK integrated group to the diverse blocks and residual blocks. However, firms should
interpret this form on the basis of the core UK group and non-core large exposures group
respectively, and follow the specific instructions provided for the individual data cells. Unless
indicated otherwise, the valuation of items should follow the EU CRR Article 390.
Valuation
Unless indicated otherwise, the valuation of data elements should follow the EU CRR Article
390.
Currency
You should report in the currency of your annual audited accounts (i.e. in either Sterling,
Euro, US dollars, Canadian dollars, Swedish Kroner, Swiss Francs or Yen). Figures should be
reported in 000s.
Data elements
These are referred to by row first, then by column, so data element 2B will be the element
numbered 2 in column B. Individual rows within an element are identified as 2B.1, 2B.2 etc.
General
1
[not used]
2
Firm Reference Numbers
List the Firm Reference Numbers for all the authorised firms in the core UK group only. As
this report is a joint requirement across all firms that are members of that group, this notifies
us which firms’ requirements are being met by this data item. Firms should be listed
sequentially in 2A, with the Firm Reference Numbers being entered in 2B. Complete cell for
CNCOM charge.
3A
Core UK group eligible capital
Page 41 of 48
Appendix X
This is core UK group eligible capital
4A
Exposure number
Please number each exposure consecutively.
4B
Non-core large exposures group
Complete one line only in respect of aggregate exposure of the core UK group (including the
firm) to all members of the noncore large exposures group. Ignore line marked ‘Total’.
4C
Gross exposure
Report here the gross exposure of the core UK group (including the firm) to all members of
the non-core large exposures group.
4D
% of core UK group eligible capital
This is column C as a percentage of data element 3A (core UK group eligible capital). It
should be entered to two decimal places, omitting the % sign.
4E
Exposure after credit risk mitigation
This is the figure reported in column D after credit risk mitigation. This figure is
subsequently broken down in columns F to M.
4F
Amount of the exposure that is exempt
That part of the amount reported in column E that is an exempt under the EU CRR Article
400.
4G
% of core UK group eligible capital
This is column F as a percentage of data element 3A (core UK group eligible capital. It
should be entered to two decimal places, omitting the % sign.
4H
Amount of the exposure that is not exempt and is in the non-trading book
That part of the exposure reported in column E that is not exempt and is in the non-trading
book.
4J
% of core UK group eligible capital
This is column H as a percentage of core UK group eligible capital. It should be entered to
two decimal places, omitting the % sign.
4K
Amount of the exposure that is not exempt and is in the trading book
That part of the exposure reported in column E that is not exempt and is in the trading book.
4L
% of core UK group eligible capital
Page 42 of 48
Appendix X
This is column K as a percentage of core UK group eligible capital. It should be entered to
two decimal places, omitting the % sign.
4M
Aggregate % of core UK group eligible capital
This is the sum of columns J and L. The total of the column should be monitored against the
limit set out in [2.2 of the large exposures chapter of PRA rulebook]. It should be entered to
two decimal places, omitting the % sign.
4N
CNCOM
This is the amount of CNCOM calculated as set out in CRR Article 397 before being
allocated to individual members of the core UK group in accordance with the EU CRR
Article 395(c)&(d). Firms will be expected to have sufficient capital resources at the
reporting dates to meet this requirement.
…
Amend the following as shown.
FSA045 – IRB portfolio risk
This data enables the appropriate regulator to understand the relationship between cyclicality
and capital requirements under the CRD, help mitigate the risk of financial instability or
economic recession, and be in a position to influence/contribute to international discussions
on this. The information provided should be used to calculate that firm's capital requirements.
Firms should submit the data in their own PD bands.
…
Definition of default – number of days
…
For IFPRU firms the number of days past due must be reported as 90 days except for retail
exposures secured by residential or SME commercial real estate; and exposures to public
sector entities. The definition of default for those two asset classes is 180 days past due,
except where a waiver has been given to report defaults that are 90 days past due.
Credit risk
…
Exposure at default estimate
Calculate in accordance with BIPRU 4 article 166 of the EU CRR. This should be the
downturn EAD.
Maturity
This is the exposure weighted average maturity in days. It should take into account the
maturity floor and ceiling.
…
Page 43 of 48
Appendix X
Risk weighted exposure amount
Calculate in accordance with BIPRU 4 articles 153 and 154 CRR. The SME-supporting
factor according to Article 501 CRR should be excluded.
…
Page 44 of 48
Appendix X
Part 2:
Comes into force on 1 July 2014.
[Note to reader: The text marked with “*” includes text which Part 1of Annex C proposes to
amend.]
In this Part, underlining indicates new text and striking through indicates deleted text, unless
otherwise stated.
16.12
Integrated Regulatory Reporting
Application
16.12.1
G
The effect of SUP 16.1.1R is that this section applies to every firm carrying
on business set out in column (1) of SUP 16.12.4R except:
…
(1B)
an EEA bank;
…
…
Reporting requirement
16.12.3
R
(1)
Any firm permitted to carry on any of the activities within each of
the RAGs set out in column (1) of the table in SUP 16.12.4R must:
(a)
…
…
(iv)
in the case of a non-EEA bank, or an EEA bank
(whether or not it has permission for accepting
deposits) other than one with permission for cross
border services only, any data items submitted should,
unless indicated otherwise, only cover the activities of
the branch operation in the United Kingdom;
in the format specified as applicable to the firm in the provision
referred to in column (2);
…
…
16.12.4
R
(1)
Table of applicable rules containing data items, frequency and submission
periods.
(2)
(3)
Page 45 of 48
(4)
Appendix X
RAG
number
RAG 1
Regulated Activities
Provisions containing:
applicable data
items
reporting
frequency/
period
due date
• accepting deposits
• meeting of
repayment claims
• managing dormant
account funds
(including the
investment of such
funds)
SUP 16.12.5R,
except FSA001
and FSA002
for FINREP
firms
SUP 16.12.6R
SUP 16.12.7R
RAG 3
• dealing in
investment as
principal
• dealing in
investments as agent
• advising on
investments
(excluding retail
investment
activities)
• arranging (bringing
about) deals in
investments
(excluding retail
investment
activities)
SUP 16.12.10R
SUP 16.12.11R
or SUP
16.12.11BR for
UK designated
investment
firms*, except
FSA001 and
FSA002 for
FINREP firms
SUP 16.12.10R
SUP 16.12.12R
or SUP
16.12.12AR for
UK designated
investment
firms*
SUP 16.12.10R
SUP 16.12.13R
RAG 4
• managing
investments
• establishing,
operating or winding
up a collective
investment scheme
• establishing,
operating or winding
up a stakeholder
pension scheme
• establishing,
operating or winding
up a personal
pension scheme
• managing an AIF
• managing a UCITS
SUP 16.12.14R
SUP 16.12.15R
or SUP
16.12.15BR for
UK designated
investment
firms* except
FSA001 and
FSA002 for
FINREP firms
SUP 16.12.14R
SUP 16.12.16R
or SUP
16.12.16AR for
UK designated
investment
firms*
SUP 16.12.14R
SUP 16.12.17R
• retail investment
activities
• advising on
pensions transfers &
opt-outs
• arranging (bringing
about deals) in retail
SUP
16.12.22AR or
SUP
16.12.22CR for
UK designated
investment
firms*, except
SUP
16.12.23AR
and SUP
16.12.23R for
UK designated
investment
SUP 16.12.24R
…
…
RAG 7
Page 46 of 48
Appendix X
RAG 8
investments
FSA001 and
FSA002 for
FINREP firms
firms*
• making
arrangements with a
view to transactions
in investments
• operating a
multilateral trading
facility
SUP
16.12.25AR or
16.12.25CR for
UK designated
investment
firms*, except
FSA001 and
FSA002 for
FINREP firms
SUP 16.12.26R
SUP 16.12.27R
…
…
Regulated Activity Group 1
16.12.5
Description
of data item
R
The applicable data items and forms or reports referred to in SUP
16.12.4R are set out according to firm type in the table below:
Prudential category of firm, applicable data items and reporting format (Note 1)
UK
bank
Building
society
Non-EEA
bank
EEA bank
that has
permissio
n to
accept
deposits,
other than
one with
permissio
n for
cross
border
services
only
[deleted]
EEA bank
that does
not have
permissio
n to
accept
deposits,
other than
one with
permissio
n for
cross
border
services
only
[deleted]
Daily Flows
FSA04
7
(Notes
16, 20
and
22)
FSA047
(Notes
16, 20
and 22)
FSA047
(Notes
16, 18, 20
and 22)
FSA047
(Notes
16, 18, 20
and 22)
[deleted]
FSA047
(Notes
16, 18, 20
and 22)
[deleted]
Enhanced
Mismatch
FSA04
8
FSA048
(Notes
FSA048
(Notes
FSA048
(Notes
FSA048
(Notes
…
Page 47 of 48
[deleted]
Credit
union
Dormant
account
fund
operator
(note 15)
Appendix X
Report
(Notes
16, 20
and
22)
16, 20
and 22)
16, 18, 20
and 22)
16, 18, 20
and 22)
[deleted]
16, 18, 20
and 22)
[deleted]
Liquidity
Buffer
Qualifying
Securities
FSA05
0
(Notes
17, 21
and
22)
FSA050
(Notes
17, 21
and 22)
FSA050
(Notes
17, 19, 21
and 22)
FSA050
(Notes
17, 19, 21
and 22)
[deleted]
FSA050
(Notes
17, 19, 21
and 22)
[deleted]
Funding
Concentrati
on
FSA05
1
(Notes
17, 21
and
22)
FSA051
(Notes
17, 21
and 22)
FSA051
(Notes
17, 19, 21
and 22)
FSA051
(Notes
17, 19, 21
and 22)
[deleted]
FSA051
(Notes
17, 19, 21
and 22)
[deleted]
Pricing data
FSA05
2
(Notes
17, 22
and 24
)
FSA052
(Notes
17, 22
and 24 )
FSA052
(Notes
17, 19, 22
and 24 )
FSA052
(Notes
17, 19, 22
and 24 )
[deleted]
FSA052
(Notes
17, 19, 22
and 24 )
[deleted]
Retail and
corporate
funding
FSA05
3
(Notes
17, 21
and
22)
FSA053
(Notes
17, 21
and 22)
FSA053
(Notes
17, 19, 21
and 22)
FSA053
(Notes
17, 19, 21
and 22)
[deleted]
FSA053
(Notes
17, 19, 21
and 22)
[deleted]
Currency
Analysis
FSA05
4
(Notes
17, 21
and
22)
FSA054
(Notes
17, 21
and 22)
FSA054
(Notes
17, 19, 21
and 22)
FSA054
(Notes
17, 19, 21
and 22)
[deleted]
FSA054
(Notes
17, 19, 21
and 22)
[deleted]
…
…
Page 48 of 48
Appendix
CRD IV ADDITIONAL HANDBOOK AMENDMENTS TO IFPRU, GLOSSARY,
GENPRU AND FEES
FCA 2013/xx
Annex A
Amendments to the Prudential sourcebook for Investment Firms (IFPRU)
Note to reader: The amendments proposed in this Annex are based on the version of IFPRU
proposed in the Capital Requirements Directive IV Instrument 2013 consulted on in CP13/6
(CRD IV for Investment Firms), except that IFPRU 4.3 (Internal ratings based approach) is
proposed to be restructured into shorter sections as follows:











IFPRU 4.3 (Internal ratings based approach) contains 4.3.1R to 4.3.6R of the version
of IFPRU in CP 13/6
IFPRU 4.4 (Guidance on internal ratings based approach: high level material)
contains 4.3.7G to 4.3.19G of the version of IFPRU in CP 13/6;
IFPRU 4.5 (Internal ratings based approach: overall requirements for estimation)
contains 4.3.20G to 4.3.36G of the version of IFPRU in CP 13/6;
IFPRU 4.6 (Internal ratings based approach: definition of default) contains 4.3.37G to
4.3.42G of the version of IFPRU in CP 13/6;
IFPRU 4.7 (Internal ratings based approach: probability of default) contains 4.3.43G
to 4.3.76G of the version of IFPRU in CP 13/6;
IFPRU 4.8 (Internal ratings based approach: loss given default) contains 4.3.77G to
4.3.95G of the version of IFPRU in CP 13/6;
IFPRU 4.9 (Internal ratings based approach: own estimates of exposure at default
(EAD)) contains 4.3.96G to 4.3.123G of the version of IFPRU in CP 13/6;
IFPRU 4.10 (Stress tests) contains 4.3.124G of the version of IFPRU in CP 13/6;
IFPRU 4.11 (Validation) contains 4.3.125G to 4.3.129G:
IFPRU 4.12 (Income-producing real estate portfolios) contains 4.3.130G to 4.3.148G
of the version of IFPRU in CP 13/6; and
IFPRU 4.13 (Securitisation), IFPRU 4.14 (Settlement risk), IFPRU 4.15
(Counterparty credit risk) and IFPRU 4.16 (Credit risk mitigation) being renumbered
from IFPRU 4.4 to 4.7 respectively.
These restructuring changes are not shown, except where necessary to indicated insertions
of new provisions.
In this Annex, underlining indicates new text and striking through indicate deleted text.
1.2
Applications for directions Directions and permissions
1.2.1
R
A firm which has applied for, or has been granted, a direction or permission
under the EU CRR must notify the FCA immediately if it becomes aware of
any matter which could affect the continuing relevance or appropriateness of
the application, direction or permission.
1.2.2
G
The reference to ‘permission’ in IFPRU 1.2.1R includes any approval, consent
or agreement referred to under the EU CRR for which the FCA has been
conferred powers as competent authority by the EU CRR.
…
Page 2 of 29
FCA 2013/xx
3.2
Capital
…
Variable capital calculation for collective portfolio management investment firms
3.2.18
G
When a collective portfolio management investment firm calculates the total
risk exposure amount in article 92(3) of the EU CRR, the own funds
requirements referred to in article 92(3)(a) (Risk weighted exposure amount for
credit risk and dilution risk) and article 92(3)(b) (Risk weighted exposure
amount for position risk) should include only those arising from its designated
investment business. For this purpose, managing an AIF or managing a UCITS
is excluded from designated investment business.
…
4.4
Guidance on internal ratings based approach: high level material
…
Corporate governance
4.3.13
4.4.8
G
(1)
Where the firm's rating systems are used on a unified basis under article
20(6) of the EU CRR, the FCA considers that the governance
requirements in article 189 of the EU CRR can only be met if the
subsidiaries have delegated to the governing body or designated
committee of the EEA parent institution, EEA parent financial holding
company or EEA parent mixed financial holding company responsibility
for approval of the firm's rating systems.
(2)
The FCA expects that it would not be satisfied that a committee could be
treated as a ‘designated committee’ for the purposes of article 189 of EU
CRR (Corporate governance) if it did not contain at least one member of
the firm’s management body. The FCA expects an appropriate individual
in a significant-influence function role to provide to the FCA on an
annual basis written attestation that the rating system permissions
required by the EU CRR have been carried out appropriately.
[Note: see articles 189 and 20(6) of the EU CRR and article 3(1)(7) of CRD]
…
4.3.19
4.4.16
G
…
Documentation
4.4.17
G
The FCA expects a firm to ensure that all documentation relating to its rating
systems (including any documentation referenced in this Chapter or required
by the EU CRR that relate to the IRB approach) is stored, arranged and indexed
in such a way that it could make them all, or any subset thereof, available to
Page 3 of 29
FCA 2013/xx
the FCA immediately on demand or within a short time thereafter.
…
4.4
4.13
Securitisation
Recognition of significant risk transfer
4.4.1
4.13.1
R
…
…
Use of supervisory formula method Regulatory capital calculation methodology
and significant risk transfer
4.4.24 G
4.13.24
An originator must transfer a significant amount of credit risk associated with
securitised exposures to third parties to be able to apply the securitisation risk
weights set out in Part Three, Title II, Chapter 5 of the EU CRR
(Securitisation), and any associated reduction in own funds requirements must
be matched by a commensurate transfer of risk to third parties. The FCA has
significant concerns that significant risk transfer is undermined where the
reduction in risk-weighted exposure amounts (RWEA) which results from the
use of the supervisory formula method (SFM) is disproportionate to the credit
risk transferred.
4.4.25 G
4.13.25
The SFM currently gives, in many circumstances, much more favourable
RWEA than the requirement that would apply if the same tranches were
externally rated. To satisfy articles 243 and 244 of the EU CRR that
commensurate risk transfer has been achieved the FCA will generally expect a
firm to obtain a public rating on retained tranches and apply the ratings-based
method (RBM) instead of the SFM. For synthetic securitisations this might
require a firm to create an instrument relating to the retained tranche in order to
obtain a rating on the tranche. However, a firm should be aware that the use of
RBM might not be sufficient to meet the significant risk transfer test if,
notwithstanding the higher RWEA that would apply to the retained position,
there is not a significant transfer of risk for the overall transaction. A firm
should ensure it has regard to articles 268 and 269 of the EU CRR (Use of
credit assessment by ECAIs) when obtaining public ratings on retained
positions. As part of the notification and permissions process, the FCA expects
the firm to inform it of the methodology it intends to use to calculate
securitisation capital requirements.
4.4.26
A firm may still be able to demonstrate significant risk transfer without a rating
but the FCA believes that this is likely to be exceptional and a firm is expected
to submit any proposal to do so to the FCA before claiming any capital relief.
Two examples of ‘exceptional’ cases are where it is not possible to obtain a
rating from an eligible ECAI or where the small size of a transaction makes the
G
Page 4 of 29
FCA 2013/xx
cost of obtaining a rating disproportionate. In each case the firm must provide
the FCA with sufficient evidence of such ‘exceptionality’. In the first example,
the FCA expects this to include written confirmation that no eligible ECAIs
were prepared to rate the transaction. In the second example, the FCA expects
a firm to provide an analysis of the costs of obtaining a rating relative to the
potential capital reduction available from the transaction. The FCA does not
expect a firm to seek to exploit the boundary of what might constitute
‘exceptional’ cases (eg, by deliberately structuring many small transactions
rather than a single larger transaction).
4.4.27
G
A firm with IRB permission that invest in unrated securitisation positions in
the trading book or non-trading book are not required to obtain external ratings
on such positions. However, use of SFM by investors in the trading book or
non-trading book requires prior permission from the FCA, and it will consider
the nature of positions for which use of SFM is being sought as part of its
approval decision-making process.
Implicit support and significant risk transfer
4.13.26 G
As part of a firm’s on-going consideration of risk transfer, the FCA expects it
to consider the support it has provided to securitisation transactions.
4.13.27 G
(1)
If a firm is found to have provided support to a securitisation, the
expectation that the firm will provide future support to its securitisations
is increased. The FCA will take account of this increased expectation in
future assessments of commensurate risk transfer to that firm.
(2)
The FCA expects securitisation documentation to make clear, where
applicable, that repurchase of securitisation positions by the originator
beyond its contractual obligations is not mandatory and may only be
made at fair market value.
(3)
Where a firm provides support which it is entitled, but not obliged, to
provide under the contractual documentation of the securitisation, the
FCA will consider the following factors in assessing if that support has
been appropriately reflected in the assessment of significant risk transfer:
(a)
whether the fact that the firm may provide such support was
expressly set out in the contractual and marketing documents for
the securitisation;
(b)
whether the nature of the support that the firm may give is
precisely described in the documentation;
(c)
whether the maximum degree of support that could be provided
could be ascertained at the time of the securitisation by the firm
and by a person whose only information came from the marketing
documents for the securitisation;
(d)
whether the assessment of whether significant risk transfer was
achieved and the amount of that risk transferred was made on the
Page 5 of 29
FCA 2013/xx
basis that the firm would provide support to the maximum degree
possible; and
(e)
(4)
whether the firm’s own funds and own funds requirements were
appropriately adjusted at the time of the securitisation on the
basis that the firm provided support to the maximum degree
possible.
If a firm fails to comply with article 248(1) of the EU CRR, the FCA may
require it to disclose publicly that it has provided non-contractual support
to the transaction.
High cost credit protection and other significant risk transfer considerations
4.4.28
G
Any reduction in own funds requirements achieved through securitisation
should be matched with a commensurate transfer of risk to third parties.
Articles 243 (Traditional securitisation) and 244 (Synthetic securitisation) of
the EU CRR set out that if the FCA decides that the possible reduction in riskweighted exposure amounts which would be achieved through securitisation is
not matched by such commensurate transfer of risk, it will determine that
significant risk transfer has not been achieved by this transaction.
4.4.29
G
This substance-over-form principle also applies to the assessment of the
minimum requirements contained in articles 243(5) and 244(5) of the EU CRR.
In particular, the instruments used to transfer credit risk must not contain any
terms or conditions which materially limit the amount of risk transferred. For
example, where losses or defaults occur in the pool (ie, deterioration in the
credit quality of the underlying pool) the originator’s net cost of protection or
the yield payable to investors should not increase. Legal counsel's opinion (as
required under articles 243(5)(b) and 244(5)(d) of the EU CRR) should be
reviewed as necessary. For example, if a relevant statutory provision is
amended or a new decision or judgment of a court might have a bearing on the
conclusions reached.
…
4.4.35 G
4.13.33
…
High level significant risk transfer considerations
4.13.34 G
Significant risk transfer is an on-going requirement. Accordingly, the FCA
expects firms to ensure that any reduction in own funds requirements achieved
through securitisation continues to be matched by a commensurate transfer of
risk throughout the life of the transaction. The FCA expects firms to take a
substance over form approach to assessing significant risk transfer. Firms
should be able to demonstrate that the capital relief post-transaction adequately
captures the economic substance of the entire transaction, and is commensurate
to retained risk.
4.13.35 G
When risk transfer transactions are structured as a group of linked transactions
Page 6 of 29
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rather than a single transaction, the FCA expects the aggregate effect of linked
transactions to comply with the EU CRR. The FCA expects firms to ensure that
analysis of risk transfer incorporates all linked transactions, particularly if
certain transactions within a group of linked transactions are undertaken at offmarket rates.
4.13.36 G
The FCA expects the instruments used to transfer credit risk not to contain
provisions which limit the amount of risk transferred. For example, should
losses or default occur in the pool (ie deterioration in the credit quality of the
underlying pool) the FCA expects the originator’s net cost of protection or the
yield payable to investors should not increase as a result.
4.13.37 G
In order to ensure continuing appropriateness, the FCA expects firms to update
the opinions of qualified legal counsel, required by the EU CRR, as necessary
to ensure their continuing validity. For example, an opinion may need to be
updated if relevant statutory provisions are amended, or where a new decision
or judgement of a court has a bearing on the continuing validity of counsel’s
opinion.
4.4.36 G
4.13.38
…
…
Clarification of determining tranche seniority
4.4.40
G
For the purposes of determining the most senior tranche under article 261 of
the EU CRR (Ratings based method) and the mapping of ECAI assessments by
the FCA, a senior liquidity facility need not be taken into account.
…
6
Market risk
…
6.1.5
G
…
Standardised approach for options
6.1.6
G
A firm that wishes to use own estimates for delta for the purposes of the
standardised approach for options, should provide the FCA with confirmation
that it meets the minimum standards set out in IFPRU 6.1.8G to 6.1.15G
(Minimum standards for own estimates of delta) for each type of option for
which it calculates delta. A firm should only provide this confirmation if it
meets the minimum standards. A firm that is able to provide confirmation can
expect to be permitted to use own estimates of delta for the relevant option.
6.1.7
G
If a firm is unable to provide assurance with regard to a particular option type
which is currently within its permissions, a capital add-on may be applied and
a rectification plan agreed. If a firm is unable to comply with the rectification
plan within the agreed time-frame, further supervisory measures may be taken.
Page 7 of 29
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This may include variation of a firm’s Part 4A permission so that it is no
longer allowed to trade those particular types of options for which it does not
meet the minimum standards.
Minimum standards for own estimates of delta
6.1.6
6.1.8
G
…
…
8
Prudential consolidation and large exposures
8.1
Prudential consolidation
…
8.1.19
G
In relation to article 113(6)(e), the FCA will consider the following nonexhaustive criteria when assessing whether this condition has been met:
(1)
the speed with which funds can be transferred or liabilities repaid to the
firm and the simplicity of the method for the transfer or repayment. As
part of the FCA’s overall assessment, it would consider ownership of
100% of the subsidiary as one of the indicators that prompt transfer of
own funds is likely to be achieved;
…
8.1.20
G
For the purpose of article 113(6)(e) of the EU CRR, in the case of an
undertaking that is a firm, the requirement for the prompt transfer of funds
refers to own funds in excess of the capital and financial resources
requirements to which it is subject under the regulatory system.
8.1.21
G
When demonstrating how article 113(6)(e) of the EU CRR is met, the FCA
considers that in the case of a counterparty which is not a firm, the application
should include a legally binding agreement between the firm and the
counterparty. This agreement will be to promptly, on demand, by the firm
increase the firm’s own funds by an amount required to ensure that the firm
complies with the provisions contained in Part Two of the EU CRR (Own
funds) and any other requirements relating to capital resources concentration
risk imposed on the firm by, or under, the regulatory system.
…
TP 7
Countercyclical capital buffer: transitional
Application
7.1
R IFPRU TP 7 applies to an IFPRU investment firm, unless it is an IFPRU
limited licence firm or exempt IFPRU commodities firm.
Page 8 of 29
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Purpose
7.2
G This section implements article 160(6) of CRD in relation to the
countercyclical capital buffer. The amounts of the countercyclical capital
buffer in IFPRU TP 7 apply instead of the amount of the countercyclical
capital buffer in IFPRU 9.3.1R (Main requirement) for the duration of the
transitional.
Duration of transitional
7.3
R IFPRU TP 7 applies with effect from 1 January 2016 (which is the date that
IFPRU 9.3 (Countercyclical capital buffer) comes into effect) until 31
December 2018 2015.
Modified main requirement
7.4
R This rule modifies IFPRU 9.3.1R (Main requirement) in the following
manner:
(1)
from 1 January 2016 until 31 December 2016, the countercyclical
capital buffer is the amount of common equity tier 1 capital equal to
0.625% of a firm’s total risk exposure amount;
(2)
from 1 January 2017 until 31 December 2017, the countercyclical
capital buffer is the amount of common equity tier 1 capital equal to
1.25% of a firm’s total risk exposure amount; and
(3)
from 1 January 2018 until 31 December 2018, the countercyclical
capital buffer is the amount of common equity tier 1 capital equal to
1.875% of a firm’s total risk exposure amount.]
A firm must calculate a countercyclical capital buffer of common equity tier
one capital equal to its total risk exposure amount multiplied by the
weighted average of the countercyclical buffer rates that apply in the
jurisdictions where the firm’s relevant credit exposures are located.
7.5
R To calculate the weighted average referred to in TP 7.4R, a firm must apply
to each applicable countercyclical buffer rate its total own funds
requirements for credit risk, specific risk, incremental default and migration
risk that relates to the relevant credit exposures in the jurisdiction in
question, divided by its total own funds requirements for credit risk that
relates to all its relevant credit risk exposures.
7.6
R For the purpose of TP 7.5R, a firm must calculate its total own funds
requirements for credit risk, specific risk, the incremental default and
migration risk in line with Part Three, Titles II and IV of the EU CRR.
7.7
R The countercyclical buffer rate for an exposure is the rate set by the UK
countercyclical buffer authority for the jurisdiction in which that exposure is
located.
Page 9 of 29
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7.8
R If the UK countercyclical buffer authority does not set a rate for the
jurisdiction in which an exposure is located, the countercyclical buffer rate
for that exposure is zero.
7.9
R If the rate for a jurisdiction is increased by the UK countercyclical buffer
authority, that increase takes effect from the date specified by the UK
countercyclical buffer authority.
7.10
R If a rate is reduced, that reduction takes place immediately.
…
Page 10 of 29
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Annex B
Amendments to the Glossary of definitions
Note to reader: The amendments proposed in this Annex are based on the version of
Glossary amendments proposed in the Capital Requirements Directive IV Instrument 2013
consulted on in CP13/6 (CRD IV for Investment Firms).
Insert the following new definitions in the appropriate alphabetical position. The text is not
underlined.
IFPRU 125K firm
IFPRU 50K firm
IFPRU 730K firm
has the meaning in IFPRU 1.1.9R (Types of investment firm:
IFPRU 125K firm), which in summary is an IFPRU
investment firm that satisfies the following conditions:
(a)
it does not deal on own account or underwrite issues of
financial instruments on a firm commitment basis;
(b)
it holds clients’ money or securities in relation to
investment services it provides or is authorised to do
so;
(c)
it offers one or more of certain specified services;
(d)
it is not a collective portfolio management investment
firm; and
(e)
it does not operate a multilateral trading facility.
has the meaning in IFPRU 1.1.10R (Types of investment
firm: IFPRU 50K firm) which in summary is an IFPRU
investment firm that satisfies the following conditions:
(a)
it satisfies the conditions in IFPRU 1.1.9R(1) (does not
deal on own account or underwrite issues of financial
instruments on a firm commitment basis) and IFPRU
1.1.9R(3) (offers one or more of certain specified
services);
(b)
it does not hold clients’ money or securities in relation
to investment services it provides and it is not
authorised to do so;
(c)
it is not a collective portfolio management investment
firm; and
(d)
it does not operate a multilateral trading facility.
has the meaning in IFPRU 1.1.11R (Types of investment
firm: IFPRU 730K firm) which in summary is an IFPRU
investment firm that is not a collective portfolio management
Page 11 of 29
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investment firm, a BIPRU 50K firm or a BIPRU 125K firm.
Delete the following definitions altogether. The deleted text is not shown.
third country BIPRU 730K firm
Page 12 of 29
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Annex A
Amendments to the General Prudential sourcebook (GENPRU)
Note to reader: The amendments proposed in this Annex are to be included in the Capital
Requirements Directive IV (GENPRU and BIPRU Amendments) Instrument 2013 proposed
in CP13/6 (CRD IV for Investment Firms). The amendments in this Annex are to be inserted
into the appropriate place in the amendments to GENPRU as set out in the above instrument.
In this Annex, underlining indicates new text and striking through indicates deleted text,
unless otherwise stated.
1.1.2AA
G
GENPRU 3 (Cross sector groups) applies to:
(1)
an IFPRU investment firm;
(2)
an insurer; and
(3)
a group containing such firms.
…
3
Cross sector groups
…
3.1.3A
G
If a mixed financial holding company is subject to equivalent provisions under
this Chapter and under EEA prudential sectoral legislation in relation to the
insurance sector as implemented in the UK and the FCA is the coordinator, the
FCA may, on application by the firm and after consulting other relevant
competent authorities, disapply such provisions of the EEA prudential sectoral
legislation as implemented in the UK with regard to that undertaking which are
considered by the FCA as equivalent to those applying to the firm under
GENPRU 3.1.
[Note: article 120(2) of CRD]
…
3.1.16
G
GENPRU 3.1.26R 3.1.29R to GENPRU 3.1.31R and GENPRU 3 Annex 1R
implement the detailed capital adequacy requirements of the Financial Groups
Directive. They only deal with a financial conglomerate for which the
appropriate regulator is the coordinator. If another competent authority is
coordinator of a financial conglomerate, those rules do not apply with respect to
that financial conglomerate and instead that coordinator will be responsible for
implementing those detailed requirements.
…
Risk concentration and intra-group transactions: the main rule
3.1.35
R
A firm must ensure that the sectoral rules regarding risk concentration and
Page 13 of 29
FCA 2013/xx
intra-group transactions of the most important financial sector in the
financial conglomerate referred to in GENPRU 3.1.34R are complied with
with respect to that financial sector as a whole, including the mixed financial
holding company. The appropriate regulator's sectoral rules for these
purposes are those identified in the table in GENPRU 3.1.36R.
Risk concentration and intra-group transactions: Table of applicable sectoral rules
3.1.36
R
Table: application of sectoral rules
This table belongs to GENPRU 3.1.35R.
The most important
financial sector
Banking and
investment services
sector
Application sectoral rules
Risk concentration
Intra-group transactions
BIPRU 8.9A (Consolidated
large exposure
requirements) including
BIPRU TP as it applies to a
UK consolidation group
EU CRR
BIPRU 10 (Large
exposure requirements)
including BIPRU TP as
it applies on a solo basis
and relates to BIPRU 10.
Part Four of the EU
CRR (Large exposures)
…
3.1.37
R
(1)
Where the sectoral rules for the banking and investment services
sector are being applied, a mixed financial holding company must be
treated as being a financial holding company.
…
3.1.38
R
(1)
This rule applies for the purposes of the definitions of:
(a)
a core concentration risk group counterparty; and
(b)
a non-core concentration risk group counterparty;
as they apply for the purposes of the rules for the banking and
investment services sector as applied by GENPRU 3.1.36 R.
[deleted]
(2)
For the purposes of BIPRU 10.9A.4 R(1) and BIPRU 10.9A.4 R(2)
(as they apply to the definitions in GENPRU 3.1.38R(1)) , the
conditions are also satisfied if the counterparty and the firm are
included within the scope of consolidated supervision on a full basis
with respect to the same financial conglomerate under GENPRU 3.1
or the relevant implementation measures in another EEA State for the
Page 14 of 29
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Financial Groups Directive. [deleted]
…
The financial sectors: asset management companies and alternative investment
fund managers
3.1.39
R
…
(5)
3.2
This rule applies even if:
(a)
a UCITS management company is a BIPRU an IFPRU
investment firm; or
(b)
an asset management company or alternative investment fund
manager is an investment firm.
Third-country groups
…
Purpose
3.2.2
G
GENPRU 3.2 implements in part Article 18 of the Financial Groups
Directive and Article 143 of the Banking Consolidation Directive 127 of the
CRD.
Equivalence
3.2.3
G
The first question that must be asked about a third-country financial group
is whether the EEA regulated entities in that third-country group are subject
to supervision by a third-country competent authority, which is equivalent to
that provided for by the Financial Groups Directive (in the case of a
financial conglomerate) or the EEA prudential sectoral legislation for the
banking sector or the investment services sector (in the case of a banking
and investment group). Article 18(1) of the Financial Groups Directive sets
out the process for establishing equivalence with respect to third-country
financial conglomerates and Article 143 (1) and (2) of the Banking
Consolidation Directive 127(1) and (2) of the CRD does so with respect to
third-country banking and investment groups.
Other methods: General
3.2.4
G
If the supervision of a third-country group by a third-country competent
authority does not meet the equivalence test referred to in GENPRU 3.2.3G,
the methods set out in the CRD and EU CRR will apply or competent
authorities may apply other methods that ensure appropriate supervision of
the EEA regulated entities in that third-country group in accordance with the
aims of supplementary supervision under the Financial Groups Directive or
consolidated supervision under the applicable EEA prudential sectoral
Page 15 of 29
FCA 2013/xx
legislation.
Supervision by analogy: introduction
…
3.2.7
G
GENPRU 3.2.8R and GENPRU 3.2.9R and GENPRU 3 Annex 2R set out
rules to deal with the situation covered in GENPRU 3.2.5G. Those rules do
not apply automatically. Instead, they can only be applied with respect to a
particular third-country group through the Part 4A permission of a firm in
that third-country group. Broadly speaking the procedure described in
GENPRU 3.1.22G also applies to this process.
…
3 Annex
1R
Capital adequacy calculations for financial conglomerates (GENPRU
3.1.29R)
…
7 Table
A mixed financial
holding company
4.4
A mixed financial holding company must be treated in the
same way as:
(1) a financial holding company (if the rules in BIPRU 8)
Part One, Title II, Chapter 2 of the EU CRR and the PRA
Handbook are applied); or
(2) an insurance holding company (if the rules in INSPRU
6.1 are applied).
8 Table: PART 5: Principles applicable to all methods
…
Transfer-ability of
capital
5.1
Capital may not be included in:
(1) a firm's conglomerate capital resources under
GENPRU 3.1.29R; or ,
(2) in the capital resources of the financial conglomerate
for the purposes of GENPRU 3.1.26R;
if the effectiveness of the transferability and availability of
the capital across the different members of the financial
conglomerate is insufficient, given the objectives (as
referred to in the third unnumbered sub-paragraph of
paragraph 2(ii) of Annex I of the Financial Groups
Directive (Technical principles)) of the capital adequacy
rules for financial conglomerates.
Page 16 of 29
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Double counting
5.2
Capital must not be included in:
(1) a firm's conglomerate capital resources under
GENPRU 3.1.29R; or
(2) the capital resources of the financial conglomerate for
the purposes of GENPRU 3.1.26R;
if:
(3) (1) it would involve double counting or multiple use of
the same capital; or
(4) (2) it results from any inappropriate intra-group
creation of capital.
Cross sectoral capital
5.3
In accordance with the second sub-paragraph of paragraph
2(ii) of Section I of Annex I of the Financial Groups
Directive (Other technical principles and insofar as not
already required in Parts 1-3):
(1) the solvency requirements for each different financial
sector represented in a financial conglomerate required by
GENPRU 3.1.26R or, as the case may be, GENPRU
3.1.29R must be covered by own funds elements in
accordance with the corresponding applicable sectoral
rules; and
(2) if there is a deficit of own funds at the financial
conglomerate level, only cross sectoral capital (as referred
to in that sub-paragraph) shall qualify for verification of
compliance with the additional solvency requirement
required by GENPRU 3.1.26R or, as the case may be,
GENPRU 3.1.29R.
5.6
The In relation to a BIPRU firm that is a member of a
financial conglomerate where there are no credit
institutions or investment firms, the following adjustments
apply to the applicable sectoral rules for the banking
sector and the investment services sector as they are
applied by the rules in this annex.
(1) References in those rules to non-EEA sub-groups do
not apply.
(2) (For the purposes of Parts 1 and 2), where those rules
require a group to be treated as if it were a single
undertaking, those rules apply to the banking sector and
investment services sector taken together. [deleted]
(3) Any investment firm consolidation waivers granted to
members of the financial conglomerate do not apply.
(4) (For the purposes of Part 3), without prejudice to the
application of requirements in BIPRU 8 preventing the use
of an advanced prudential calculation approach on a
consolidated basis, any advanced prudential calculation
approach permission that applies for the purpose of
BIPRU 8 does not apply.
…
Application of sectoral
rules: Banking sector
and investment service
sector
Page 17 of 29
FCA 2013/xx
(5) (For the purposes of Part 3), BIPRU 8.5.9R and
BIPRU 8.5.10R do not apply.
(6) (For the purposes of Part 3), where the financial
conglomerate does not include a credit institution, the
method in GENPRU 2 Annex 4R must be used for
calculating the capital resources and BIPRU 8.6.8R does
not apply.
(Other than as above) the CRD and EU CRR apply for the
banking sector and the investment services sector.
No capital ties
5.7
(1) This rule deals with a financial conglomerate in which
some of the members are not linked by capital ties at the
time of the notification referred to in GENPRU 3.1.28R(1)
3.1.29AR (Capital adequacy requirements: Application of
Method 1 or 2 from Annex I of the Financial Groups
Directive).
(2) If:
(a) GENPRU 3.1.26R (Capital adequacy requirements:
Application of Annex I of the Financial Groups Directive)
would otherwise apply with respect to a financial
conglomerate under GENPRU 3.1.28R ; and
(b) all members of that financial conglomerate are linked
directly or indirectly with each other by capital ties except
for members that collectively are of negligible interest
with respect to the objectives of supplementary
supervision of regulated entities in a financial
conglomerate (the "peripheral members");
• GENPRU 3.1.28R continues to apply. Otherwise
GENPRU 3.1.28R does not apply with respect to a
financial conglomerate falling into (1). [deleted]
(3) If GENPRU 3.1.28R applies with respect to a financial
conglomerate in accordance with (2) the peripheral
members must be excluded from the calculations under
GENPRU 3.1.26R. [deleted]
(4) If:
(a) GENPRU 3.1.26R applies with respect to financial
conglomerate falling into (1) under GENPRU 3.1.27 R (2)
(Use of Part 4A permission to apply Annex I of the
Financial Groups Directive); or [deleted]
(b) GENPRU 3.1.29R (Capital adequacy requirements:
Application of Methods 1, 2 or 3 Method 1 or 2 from
Annex I of the Financial Groups Directive) applies with
respect to a financial conglomerate falling into (1);
then:
(c) the treatment of the links in (1) (including the
Page 18 of 29
FCA 2013/xx
treatment of any solvency deficit) is as provided for in
whichever of Part 1 or Part 2 of GENPRU 3 Annex 1R the
firm has, under GENPRU 3.1.30R, indicated to the
appropriate regulator it will apply or, if applicable, in the
requirement referred to in GENPRU 3.1.30R 3.1.31R; and
(d) GENPRU 3.1.26 R or GENPRU 3.1.29R, as the case
may be, apply applies even if the applicable sectoral rules
do not deal with how undertakings not linked by capital
ties are to be dealt with for the purposes of consolidated
supervision (or, in the case of the insurance sector,
supplementary supervision).
(5) Once GENPRU 3.1.26R applies to a firm with respect
to a financial conglomerate of which it is a member under
GENPRU 3.1.27R(1) (automatic application of Method 4
from Annex I of the Financial Groups Directive on
satisfaction of the condition in GENPRU 3.1.28R), the
disapplication of GENPRU 3.1.28R under (2) ceases to
apply with respect to that financial conglomerate.
[deleted]
9 Table: PART 6: Definitions used in this Annex
…
Solo capital resources
requirement: Banking
sector and investment
services sector
6.2
…
(2) The solo capital resources requirement of a building
society is its CRR own funds requirements.
…
(4) If there is a credit institution in the financial
conglomerate, the solo capital resources requirement for
any undertaking in the banking sector or the investment
services sector is, subject to (2) and (3), calculated in
accordance with the rules for calculating the CRR own
funds requirements of a bank that is a BIPRU firm.
Page 19 of 29
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(5) If:
(a) the financial conglomerate does not include a credit
institution:
(b) there is at least one CAD investment firm in the
financial conglomerate; and
(c) all the CAD investment firms in the financial
conglomerate are limited licence firms or limited activity
firms;
the solo capital resources requirement for any
undertaking in the banking sector or the investment
services sector is calculated in accordance with the rules
EU CRR for calculating the CRR own funds requirements
of:
(d) (if there is a limited activity firm in the financial
conglomerate), a BIPRU an IFPRU limited activity firm;
or
(e) (in any other case), a BIPRU an IFPRU limited licence
firm.
(6) If:
(a) the financial conglomerate does not include a credit
institution:
(b) (5) does not apply;
the solo capital resources requirement for any
undertaking in the banking sector or the investment
services sector is calculated in accordance with the rules
EU CRR for calculating the CRR own funds requirements
of a full scope BIPRU IFPRU investment firm.
(7) In relation to a BIPRU firm that is a member of a
financial conglomerate where there are no credit
institutions or investment firms, Any any CRR capital
resources requirements calculated under a BIPRU TP may
be used for the purposes of the solo capital resources
requirement in this rule in the same way that the CRR
capital resources requirements can be used under BIPRU
8.
…
Solo capital resources
requirement: EEA firms
in the banking or
investment services
sector
6.5
The solo capital resources requirement for an EEA
regulated entity (other than a bank, building society,
designated investment firm, IFPRU investment firm,
BIPRU firm, an insurer or an EEA insurer) that is subject
to the solo capital adequacy sectoral rules for its financial
sector of the competent authority that authorised it is equal
Page 20 of 29
FCA 2013/xx
to the amount of capital it is obliged to hold under those
sectoral rules provided that the following conditions are
satisfied:
…
…
…
11 Table: Paragraph 6.10: Application of sectoral consolidation rules
Financial sector
Appropriate regulator’s sSectoral rules
Banking sector
BIPRU 8 and BIPRU TP, as adjusted under paragraph
4.5 Part One, Title II, Chapter 2 of the EU CRR and the
PRA Handbook
Insurance sector
INSPRU 6.1
Investment services sector
BIPRU 8 and BIPRU TP (in relation to a designated
investment firm or IFPRU investment firm which is a
member of a financial conglomerate for which the PRA
is the coordinator) Part One, Title II, Chapter 2 of the
EU CRR and the PRA Handbook;
(in relation to an IFPRU investment firm which is a
member of a financial conglomerate for which the FCA
is the coordinator) Part One, Title II, Chapter 2 of the
EU CRR and IFPRU 8.1;
(in relation to a BIPRU firm that is a member of a
financial conglomerate where there are no credit
institutions or investment firms for which the FCA is
the coordinator) BIPRU 8 and BIPRU TP.
…
3 Annex
2R
Prudential rules for third country groups (GENPRU 3.2.8R to GENPRU
3.2.9R)
1 Table: PART 1: Third-country financial conglomerates
...
1.2
A firm must comply, with respect to the financial conglomerate referred to in
paragraph 1.1, with whichever of GENPRU 3.1.26R and GENPRU 3.1.29R is
Page 21 of 29
FCA 2013/xx
as applied under paragraph 1.3.
For the purposes of paragraph 1.2:
1.3
(1) the rule in GENPRU 3.1 that applies as referred to in paragraph 1.2 is the
one that is specified by the requirement referred to in GENPRU 3.2.8R;
[deleted]
(2) (where GENPRU 3.1.29R is applied) the definitions of conglomerate
capital resources and conglomerate capital resources requirement that apply
for the purposes of that rule are the ones from whichever of Part 1, or Part 2
or Part 3 of GENPRU 3 Annex 1R is specified in that requirement the
requirement referred to in GENPRU 3.2.8R; and
...
…
2 Table: PART 2: Third-country banking and investment groups
...
The rules referred to in paragraph 2.2 are as follows:
2.3
(1) the applicable sectoral consolidation rules in BIPRU 8; or paragraph
6.10 of GENPRU 3 Annex 1R.
(2) the rules in ELM 7.
…
3 Annex
3G
Guidance Notes for Classification of Groups
…
General guidance
…
Please note the following:
…
(d)
You will need to assign non-regulated financial entities to one of these sectors:
 banking / investment activities are listed in – Annex 1 to the Banking Consolidation
Directive Capital Requirements Directive 2013/36/EU
Page 22 of 29
FCA 2013/xx
 insurance activities are listed in – IPRU Insurers Annex 11.1 and 11.2 p 163-168
Page 23 of 29
FCA 2013/xx
Annex E
Amendments to the Fees manual (FEES)
[Note to reader: The amendments proposed in this Annex are to be included in the Capital
Requirements Directive IV (Consequential Amendments) Instrument 2013 proposed in
QCP13/9. The amendments in this Annex are to be inserted into the appropriate place in the
amendments to FEES as set out in the above instrument.]
In this Annex, underlining indicates new text and striking through indicates deleted text.
3.2
Obligation to pay fees
…
3.2.7
R
Table of application, notification and vetting fees payable to the FCA
(1) Fee payer
(2) Fee payable
(o) Either In relation to a
BIPRU firm, either:
(1) Unless (2) applies, FEES
3 Annex 6R.
(3) Due date
…
(i) a firm applying to the
appropriate regulator
FCA for permission to
use one of the advanced
prudential calculation
approaches listed in
FEES 3 Annex 6R (or
guidance on its
availability), including
any future proposed
amendments to those
approaches or (in the
case of any application
being made for such
permission to the
appropriate regulator
FCA as EEA
consolidated supervisor
under the Capital
Requirements
Regulations 2006 BCD
and/or CAD) any firm
making such an
application; or
(ii) in the case of an
Where the firm has made
an application directly to
the appropriate regulator
(2) (a) Unless (b) applies a
FCA, on or before the
firm submitting a second
application for the permission date the application is
made, otherwise within
or guidance described in
column (1) within 12 months 30 days after the
of the first application (where appropriate regulator
FCA notifies the firm that
the fee was paid in
its EEA parent's Home
accordance with (1)) must
pay 50% of the fee applicable State regulator has
to it under FEES 3 Annex 6R, requested assistance.
but only in respect of that
second application.
(b) No fee is payable by a
firm in relation to a successful
application for a permission
based on a minded to grant
decision in respect of the
same matter following a
complete application for
guidance in accordance with
prescribed submission
requirements.
(c) No fee is payable where
Page 24 of 29
FCA 2013/xx
application to a Home
State regulator other than
the appropriate regulator
FCA for the use of the
Internal Ratings Based
approach and the Home
State regulator
requesting the
appropriate regulator’s
FCA's assistance in
accordance with the
Capital Requirements
Regulations 2006 BCD
and/or CAD), any firm to
which the appropriate
regulator FCA would
have to apply any
decision to permit the use
of that approach.
the Home State regulator has
requested the assistance
described in paragraph (o)(ii)
of column 1 except in the
cases specified in FEES 3
Annex 6R.
(oa) Either:
(1) Unless (2) applies, FEES
3 Annex 6AR.
(i) a firm applying to the
appropriate regulator for
permission to use one of
the internal approaches
listed in FEES 3 Annex
6AR (or guidance on its
availability), including
any future proposed
amendments to those
approaches or (in the
case of any application
being made for such
permission to the
appropriate regulator as
consolidating supervisor
under the EU CRR) any
firm making such an
application; or
(ii) in the case of an
application to the
consolidating supervisor
other than the
appropriate regulator
for the use of the IRB
approach and the
consolidating supervisor
requesting the
appropriate regulator's
(2) (a) Unless (b) applies a
firm submitting a second
application for the permission
or guidance described in
column (1) within 12 months
of the first application (where
the fee was paid in
accordance with (1)) must
pay 50% of the fee applicable
to it under FEES 3 Annex
6AR, but only in respect of
that second application.
(b) No fee is payable by a
firm in relation to a successful
application for a permission
based on a minded to grant
decision in respect of the
same matter following a
complete application for
guidance in accordance with
prescribed submission
requirements.
(c) No fee is payable where
the consolidating supervisor
has requested the assistance
Page 25 of 29
Where the firm has made
an application directly to
the appropriate
regulator, on or before
the date the application is
made, otherwise within
30 days after the
appropriate regulator
notifies the firm that its
EEA parent's
consolidating supervisor
has requested assistance.
FCA 2013/xx
assistance in accordance
with the EU CRR, any
firm to which the
appropriate regulator
would have to apply any
decision to permit the use
of that approach.
described in paragraph
(oa)(ii) of column 1 except in
the cases specified in FEES 3
Annex 6AR.
…
…
3 Annex
6R
Fees payable by a BIPRU firm for a permission or guidance on its availability in
connection with the Basel Capital Accord BCD and/or CAD
Part 1
In relation to a BIPRU firm, Fees fees payable other than in relation to the
counterparty credit risk internal model method
(1) Paragraphs (2) and (3) deal with an application made to the appropriate regulator
FCA rather than a request for assistance under the Capital Requirements Regulations
2006 BCD and/or CAD.
…
(4) Where a request for assistance regarding an Advanced or Foundation IRB
application under the Capital Requirements Regulations 2006 BCD and/or CAD has
been made to the appropriate regulator FCA as detailed in FEES 3.2.7R(o) or FEES
3.2.7AR(f), the fees in Table 1 and Table 2 are applicable if any firm referred to in
FEES 3.2.7R(o)(ii) and FEES 3.2.7AR(f)(ii) meets the following conditions:
…
(5) If however the application or request is in relation to the use of the advanced IRB
approach and the appropriate regulator FCA (in the case of (2) or (3)) or the relevant
Home State regulator regulator (in the case of (4)) has already granted permission for
the use of the foundation IRB approach at the time of the application then Table 3
applies.
(6) All fees are shown in £.
…
Table 2
Application
group
Description of group
Page 26 of 29
Application fee
FCA 2013/xx
…
Modified
eligible
liabilities
(m)
Number of traders
as at 31 December
prior to the
appropriate
regulator’s FCA’s
fee year in which
the fee is payable
Advanced Foundation
IRB (‘000) IRB
…
…
…
(‘000)
…
AMA
(‘000)
…
…
Table 3 (Advanced IRB approach where the appropriate regulator FCA or Home
State regulator has already given permission to use foundation IRB approach)
…
…
…
Insert the following new annex after FEES 3 Annex 6R. The text is all new and not
underlined.
3 Annex
6AR
Fees payable for a permission or guidance on its availability in connection with
the EU CRR
Part 1
Fees payable in relation to internal approaches that require permission under Part
Three of the EU CRR other than the internal model method for counterparty credit
risk.
(1) Subject to (3), for applications made to the appropriate regulator to authorise a
new internal approach:
(i) here the application relates to CRR firms and to five or more significant overseas
entities within the same group (Group 1) and the application is for a permission to use
one of the internal approaches in Tables 1 or 2 or guidance on the availability of such
a permission, the fees in Table 1 are applicable; and
(ii) for all other CRR firms the fees in Table 2 are applicable.
(2) Subject to (3), for applications made to the consolidating supervisor other than the
appropriate regulator for a joint decision under article 20 of the EU CRR on the use
of one of the internal approaches in Tables 1 or 2 and where the appropriate
regulator is requested to assist the consolidating supervisor, the fees in Table 1 and
Table 2 are applicable if the CRR firm concerned meets the following conditions :
Page 27 of 29
FCA 2013/xx
(i) it is a CRD credit institution; and
(ii) the firm does not fall within Group 4 as defined in Table 2.
(3) If however the application or request for assistance is in relation to the use of the
Advanced IRB approach and the appropriate regulator (in the case of (1)) or the
relevant consolidating supervisor (in the case of (2)) has already granted permission
for the use of the Foundation IRB approach then table 3 applies.
(4) References to the internal approaches in Tables 1, 2 and 3 are to be construed as
follows:
(i) Foundation IRB means the internal approach for credit risk referred to in article
143(1) of the EU CRR;
(ii) Advanced IRB means the internal approach for credit risk referred to in article
151(4) and (9) of the EU CRR; and
(iii) AMA means the internal approach for operational risk referred to in article
312(2) of the EU CRR.
(5) All fees are shown in £.
Table 1
Application
group
Group 1
Description of group
Five or more
significant overseas
entities as described in
more detail in the
definition of Group 1
in the introduction to
Part 1 of this Annex
Application fee
Advanced
IRB
(‘000)
268
Foundation
IRB
(‘000)
232
AMA
(‘000)
181
Table 2
Application
group
Description of Group
Modified
eligible
liabilities
(m)
Number of
traders as at
31
December
prior to the
appropriate
Page 28 of 29
Application fee
Advanced
IRB
(‘000)
Foundation
IRB
(‘000)
AMA
(‘000)
FCA 2013/xx
regulator’s
fee year in
which the
fee is
payable
Group 2
Group 3
>40,000
>5,000 –
40,000
0-5,000
Group 4
>200
26 - 200
232
94
198
72
146
51
0 - 25
42
30
24
For the purposes of Table 2, a firm’s A.1 or A10 tariff data for the relevant
period will be used to provide the value of modified eligible liabilities or
number of traders.
(1)
Table 3 (Advanced IRB approach where the appropriate regulator or
consolidating supervisor has already given permission to use Foundation IRB)
Application group
Advanced IRB Application fee
Group 1
67,000
Group 2
58,000
Group 3
23,500
Group 4
10,500
The four application groups have the same meaning as they do in Tables 1 and 2.
Part 2
Fees payable in relation to the application for a permission to use the internal model
method for counterparty credit risk under article 283 of the EU CRR: 54,000
Page 29 of 29
Appendix
CRD (AIFMD AND UCITS CONSEQUENTIAL AMENDMENTS) INSTRUMENT
2013
Powers exercised by the Financial Conduct Authority
A.
The Financial Conduct Authority makes this instrument in the exercise of the
following powers and related provisions in the Financial Services and Markets Act
2000 (“the Act”):
(1)
the following sections of the Act:
(a)
(b)
(c)
(2)
B.
section 137A (The FCA’s general rules);
section 137T (General supplementary powers); and
section 139A (Power of the FCA to give guidance); and
the other rule and guidance making powers listed in Schedule 4 (Powers
exercised) to the General Provisions module of the FCA’s Handbook.
The rule-making powers referred to above are specified for the purpose of section
138G(2) (Rule-making instruments) of the Act.
Commencement
C.
This instrument comes into force on 31 December 2013.
Amendments to the Handbook
D.
The modules of the FCA’s Handbook of rules and guidance listed in column (1)
below are amended in accordance with the Annexes to this instrument listed in
column (2) below.
(1)
Glossary of definitions
General Prudential sourcebook (GENPRU)
Prudential sourcebook for Banks, Building Societies and Investment
Firms (BIPRU)
Interim Prudential sourcebook for Investment Businesses (IPRU(INV))
Supervision manual (SUP)
(2)
Annex A
Annex B
Annex C
Annex D
Annex E
Notes
E.
In the Annexes to this instrument, the “notes” (indicated by “Note:”) are included for
the convenience of readers but do not form part of the legislative text.
European Union Legislation
Appendix Z
F.
Although European Union legislation is reproduced in this instrument, only European
Union legislation printed in the paper edition of the Official Journal of the European
Union is deemed authentic.
Citation
G.
This instrument may be cited as the CRD (AIFMD and UCITS Consequential
Amendments) Instrument 2013.
By order of the Board of the Financial Conduct Authority
[date] 2013
Page 2 of 41
Appendix Z
Annex A
Amendments to the Glossary of definitions
In this Annex, underlining indicates new text and strike through indicates deleted text.
base own funds
requirement1
base capital resources
requirement
client money
(1)
(for the purposes of IFPRU)…
(2)
(for the purposes of IPRU(INV) 11) an amount of own
funds that a collective portfolio management firm or a
collective portfolio management investment firm must
hold as set out in IPRU(INV) 11.3.1R (Base own funds
requirement).
(1)
(except in IPRU(INV)) an amount of capital resources
that…
(2)
(in IPRU(INV)) an amount of own funds that a collective
portfolio management firm must hold in line with
IPRU(INV) 11.3.1R (Base capital resources requirement).
[deleted]
…
(2A)
(in CASS 6, CASS 7, CASS 7A and CASS 10 and, in so far
as it relates to matters covered by CASS 6, CASS 7, COBS,
or GENPRU or IPRU(INV) 11) subject to the client money
rules, money of any currency:
…
funds under
management
funds under
management
requirement
initial capital
(1)
…
(2)
(in IPRU(INV) and GENPRU) …
(1)
…
(2)
(in GENPRU) an amount of own funds that a collective
portfolio management investment firm must hold under
GENPRU 2.1.66R (Requirements for collective portfolio
management investment firms). [deleted]
…
1
This term was proposed to be included in the Glossary in CP13/6. The text shown assumes that the
amendment proposed in that consultation will be made and is therefore shown as an amendment to that text.
Page 3 of 41
Appendix Z
(3A)
own funds
PII capital requirement
…
(2A)
(in IPRU(INV) 11) the own funds of a firm calculated with
IPRU(INV) Table 11.4 (Method of calculating initial
capital and own funds) has the meaning in article
4(1)(118) of the EU CRR.
(1)
…
(2)
(in GENPRU) an amount of own funds that a collective
portfolio management investment firm must hold in
relation to its professional indemnity insurance policy to
cover any defined excess (as set out in article 15 of the
AIFMD level 2 regulation (professional indemnity
insurance) (as replicated in GENPRU 2.1.71EU)) and
exclusions to that policy (as set out in GENPRU 2.1.72R
(Requirements for collective portfolio management
investment firms)). [deleted]
professional negligence (1)
capital requirement
(2)
qualifying capital
instrument
(in IPRU(INV) 11 and in accordance with article 28(1) of
the CRD) capital the amount of own funds referred to in
article 26(1)(a) to (e) of the EU CRR and calculated in line
with IPRU(INV) Table 11.4 (Method of calculating initial
capital and own funds) composed of the specified items in
that Table Part Two of those Regulations (Own funds).
…
(in GENPRU) an amount of own funds that a collective
portfolio management investment firm must hold for
professional liability risks as set out in article 14 of the
AIFMD level 2 regulation (additional own funds) (as
replicated in GENPRU 2.1.70EU (Requirements for
collective portfolio management investment firms).
[deleted]
(in UPRU and IPRU(INV)) means that part of a firm's capital which
is a security of indeterminate duration, or other instrument, that
fulfils the following conditions:
…
qualifying capital item
(in UPRU and IPRU(INV)) means that part of a firm's capital which
has the following characteristics:
…
qualifying subordinated (1)
loan
(in UPRU) has the meaning given in IPRU(INV) 5.2.5(1) to
(7) (Qualifying subordinated loans).
Page 4 of 41
Appendix Z
readily realisable
investment
(2)
(in IPRU(INV) 11) has the meaning given in IPRU(INV)
11.5 (Qualifying subordinated loans). [deleted]
(1)
(except in UPRU and IPRU(INV)):
(2)
(a)
a packaged product;
(b)
a readily realisable security.
(in UPRU and IPRU(INV)) means a unit in a regulated
collective investment scheme, a life policy or any
marketable investment other than one which is traded on or
under the rules of a recognised or designated investment
exchange so irregularly or infrequently:
…
trading book
…
(2)
(in BIPRU, GENPRU, BSOCS and IPRU(INV) 11 and in
relation to a BIPRU firm) has the meaning in BIPRU 1.2
(Definition of the trading book) which is in summary, all
that firm's positions in CRD financial instruments and
commodities held either with trading intent or in order to
hedge other elements of the trading book, and which are
either free of any restrictive covenants on their tradability or
able to be hedged.
…
Page 5 of 41
Appendix Z
Annex B
Amendments to the General Prudential sourcebook (GENPRU)
In this Annex, underlining indicates new text and strike through indicates deleted text.
1.2
Adequacy of financial resources
...
1.2.11
G
The adequacy of a firm's financial resources needs to be assessed in relation
to all the activities of the firm and the risks to which they give rise and so
this section applies to a firm in relation to the whole of its business. In the
case of a collective portfolio management investment firm this means that
this section also applies to its activities in relation to the management of
AIFs and/or UCITS.2
…
2.1
Calculation of capital resources requirement
…
Adjustment of the variable capital requirement calculation for collective portfolio
management investment firms
2.1.46
R
When a collective portfolio management investment firm calculates the
credit risk capital requirement and the market risk capital requirement for
the purpose of calculating the variable capital requirement under GENPRU
2.1.40R it must do so only in respect of designated investment business. For
this purpose managing an AIF or managing a UCITS is excluded from
designated investment business.1
G
A collective portfolio management investment firm is required to maintain
base own funds of €125,000 (in line with IPRU(INV) 11.3.1R(1))
…
2.1.48A
…
TP 16
AIFMD
…
Transitional provision
16.4
R
(1)
Where a firm meets the conditions in (2), the changes effected by
2
CP13/6 consulted on the deletion of these provisions, but they are proposed to be retained on the basis that
where a collective portfolio management investment firm benefits from the provisions in article 95(2) of the EU
CRR it remains subject to the provisions of GENPRU/BIPRU.
Page 6 of 41
Appendix Z
Annex G of the Alternative Investment Fund Managers Directive
Instrument 2013 and Annex B of the CRD (AIFMD and UCITS
Consequential Amendments) Instrument 2013 do not apply and,
therefore, the provisions in GENPRU amended by that Annex those
Annexes will continue to apply as they were in force as at 21 July
2013.
(2)
…
…
Page 7 of 41
Appendix Z
Annex C
Amendments to the Prudential sourcebook for Banks, Building Societies and
Investment Firms (BIPRU)
In this Annex, underlining indicates new text and strike though indicates deleted text.
1.1
Application
…
1.1.3
G
In the main BIPRU only applies to a collective portfolio management
investment firm in respect of designated investment business (excluding
managing an AIF and managing a UCITS). However BIPRU 2.2 (Internal
capital adequacy standards), BIPRU 2.3 (Interest rate risk in the non-trading
book), BIPRU 8 (Group risk - consolidation) and BIPRU 11 (Disclosure)
apply to the whole of its business.3
…
8.5
Basis of consolidation
…
Basis of inclusion of collective portfolio management investment firms in
consolidation
8.5.7
R
GENPRU 2.1.46R (Adjustment of the variable capital requirement
calculation for collective portfolio management investment firms) does not
apply for the purpose of this chapter.2
8.5.8
G
In general a collective portfolio management investment firm only calculates
its capital and concentration risk requirements in relation to its designated
investment business and does not calculate them with respect to managing
an AIF or managing a UCITS. The effect of BIPRU 8.5.7R is that this does
not apply on a consolidated basis. For the purpose of this chapter the
calculations are carried out with respect to the whole of the activities of a
collective portfolio management investment firm.2
…
TP 35
AIFMD
…
Transitional provision
3
CP13/6 consulted on the deletion of these provisions, but they are proposed to be retained on the basis that
where a collective portfolio management investment firm benefits from the provisions in article 95(2) of the EU
CRR and it remains subject to the provisions of GENPRU/BIPRU.
Page 8 of 41
Appendix Z
35.3
R
(1)
Where a firm meets the conditions in (2), the changes effected by
Annex H of the Alternative Investment Fund Managers Directive
Instrument 2013 and Annex C of the CRD (AIFMD and UCITS
Consequential Amendments) Instrument 2013 do not apply and,
therefore, the provisions in BIPRU amended by that Annex those
Annexes will continue to apply as they were in force as at 21 July
2013.
(2)
…
…
Page 9 of 41
Appendix Z
Annex D
Amendments to the Interim Prudential sourcebook for Investment Businesses
(IPRU(INV))
In this Annex, underlining indicates new text and strike through indicates deleted text.
Contents
Chapter
…
10
[deleted]
11
Collective Portfolio Management Firms and Collective Portfolio Management
Investment Firms
…
Transitional provisions
(1)
(2)
(3)
Material to
which the
transitional
provision
applies
(4)
(5)
(6)
Transitional provision
Transitional
provision:
dates in force
Handbook
provision:
coming
into force
(1) Where a firm meets the
conditions in (2) the changes
effected by the Annex Annexes
listed in column (2) do not apply
and the provisions in IPRU(INV)
amended by that Annex those
Annexes will continue to apply
as they were in force as at 21
July 2013.
From 22 July
2013 until 21
July 2014
22 July
2013
…
6
The changes to R
IPRU(INV) in
Annex J of the
Alternative
Investment
Fund
Managers
Directive
Instrument
2013 and
Annex D of
the CRD
(AIFMD and
UCITS
Consequential
Amendments)
Instrument
2013
(2) The conditions are: (a) the
firm falls within regulation 72(1)
of the AIFMD UK regulation;
and (b) the firm does not have a
Part 4A permission to manage
an AIF.
Page 10 of 41
Appendix Z
…
Chapter 1: Application and General Provisions
…
1.2.2
R
(1)
IPRU(INV) applies to:
…
(j)
an exempt CAD firm; and
(k)
a collective portfolio management firm; and
(l)
a collective portfolio management investment firm.
…
…
1.2.5
R
Table
This table belongs to IPRU(INV) 1.2.4R
…
Collective portfolio management firm
Chapters 1 and 11
Collective portfolio management investment
firm
Chapters 1 and 11
Personal investment firm
Chapters 1 and 13
…
…
11
Chapter 11: Collective Portfolio Management Firms and Collective Portfolio
Management Investment Firms
11.1
Introduction
Application
11.1.1
R
This chapter applies to:
(1)
a collective portfolio management firm; and
(2)
a collective portfolio management investment firm.
Page 11 of 41
Appendix Z
11.1.2
G
11.1.2A G
A collective portfolio management firm that manages an AIF is an internally
managed AIF or an external AIFM. This If the firm is a full-scope UK
AIFM this affects the firm’s base capital resources requirement (see
IPRU(INV) 11.3.1R). An internally managed AIF that is a full-scope UK
AIFM is not permitted to engage in activities other than the management of
that AIF, whereas an external AIFM that is a full-scope UK AIFM may
manage AIFs and/or UCITS, provided it has permission to do so. A firm
full-scope UK AIFM that is an external AIFM and/or a UCITS management
company may undertake any of the additional investment activities
permitted by article 6(4) of AIFMD or article 6(3) of the UCITS Directive
(as applicable), provided it has permission to do so, but if so it is subject to
GENPRU and BIPRU rather than IPRU(INV) and is classified as a collective
portfolio management investment firm, as opposed to a collective portfolio
management firm. A collective portfolio management investment firm is also
subject to the requirements of either (i) GENPRU and BIPRU or (ii) IFPRU
in addition to the requirements of IPRU(INV) 11, as explained in IPRU(INV)
11.6.2G.
A small authorised UK AIFM that is not also a UCITS management
company is not a collective portfolio management firm or a collective
portfolio management investment firm and is therefore not subject to
IPRU(INV) 11. This type of firm is subject to IPRU(INV) 5 if it is an
investment management firm, GENPRU and BIPRU if it is a BIPRU firm or
IFPRU if it is an IFPRU investment firm.
…
Purpose
11.1.4
11.2
G
(1)
…
(2)
This chapter also implements relevant requirements of AIFMD and
the UCITS Directive, which includes imposing capital and
professional indemnity insurance requirements on an AIFM a fullscope UK AIFM and a UCITS management company. AIFMD and
the UCITS Directive incorporate references to provisions of the
Banking Consolidation Directive and the Capital Adequacy
Directive in relation to initial capital, own funds and fixed
overheads. However, in line with article 163 of the CRD as of 1
January 2014, the Banking Consolidation Directive and the Capital
Adequacy Directive are repealed and references to these directives
are replaced with references to the CRD and the EU CRR in line with
the correlation table set out in Annex II to the CRD and in Annex IV
to the EU CRR.
Main requirements
Collective portfolio management firm
11.2.1
R
A collective portfolio management firm firm must:
Page 12 of 41
Appendix Z
(1)
when it first becomes a collective portfolio management firm or a
collective portfolio management investment firm, hold initial capital
of not less than the applicable base capital resources requirement
base own funds requirement (in line with IPRU(INV) 11.3.1R);
(2)
at all times, maintain own funds which equal or exceed:
(a)
(b)
(3)
the higher of:
(i)
the funds under management requirement (in line
with IPRU(INV) 11.3.2R); and
(ii)
the fixed overheads requirement (in line with
IPRU(INV) 11.3.3R) amount specified in article 97 of
the EU CRR (Own funds based on fixed overheads)
(as replicated in IPRU(INV) 11.3.3AEU); plus
whichever is applicable of:
(i)
the professional negligence capital requirement (in
line with IPRU(INV) 11.3.11G(1)(a)); or
(ii)
the PII capital requirement (in line with IPRU(INV)
11.3.11G(1)(b)); and
at all times, hold liquid assets (in line with IPRU(INV) 11.3.17R)
which equal or exceed:
(a)
(b)
the higher of:
(i)
the funds under management requirement (in line
with IPRU(INV) 11.3.2R) less the base capital
resources requirement base own funds requirement
(in line with IPRU(INV) 11.3.1R); and
(ii)
the fixed overheads requirement (in line with
IPRU(INV) 11.3.3R) amount specified in article 97 of
the EU CRR (Own funds based on fixed overheads);
plus
whichever is applicable of:
(i)
the professional negligence capital requirement (in
line with IPRU(INV) 11.3.11G(1)(a)); or
(ii)
the PII capital requirement (in line with IPRU(INV)
11.3.11G(1)(b)).
[Note: article 9(5) and 9(7) of AIFMD and article 7(1)(a)(iii) of the UCITS
Directive]
Professional negligence
Page 13 of 41
Appendix Z
11.2.2
11.3
G
(1)
The professional negligence capital requirement applies to a firm
that manages an AIF (ie, an external AIFM or an internally managed
AIF) and full-scope UK AIFM which, in line with IPRU(INV)
11.3.11G(1)(a), covers professional liability risks by way of own
funds.
(2)
The PII capital requirement applies to a firm that manages an AIF
and full-scope UK AIFM which, in line with IPRU(INV)
11.3.11G(1)(b), decides to cover professional liability risks by
professional indemnity insurance.
Detail of main requirements
Base capital resources own funds requirement
11.3.1
R
The base capital resources requirement base own funds requirement for a
collective portfolio management firm is:
(1)
€125,000 for a firm that is a UCITS firm UCITS management
company or a full-scope UK AIFM that is an external AIFM; and
(2)
€300,000 for a full-scope UK AIFM that is an internally managed
AIF.
[Note: article 9(1), (2) and (10) of AIFMD and article 7(1)(a) of the UCITS
Directive]
Funds under management requirement
11.3.2
R
The funds under management requirement is (subject to a maximum of
€10,000,000) the sum of:
(1)
the base capital resources requirement base own funds requirement;
plus
(2)
0.02% of the amount by which the funds under management exceed
€250,000,000,.
[Note: article 9(3) of AIFMD and article 7(1)(a)(i) of the UCITS Directive]
Fixed overheads requirement
11.3.3
R
The fixed overheads requirement is one quarter (13/52) of the firm's relevant
fixed expenditure calculated in line with IPRU(INV) 11.3.4R. [deleted]
[Note: article 9(5) of AIFMD and article 7(1)(a)(iii) of the UCITS Directive]
11.3.3A EU
Own Funds based on Fixed Overheads
Page 14 of 41
Appendix Z
1.
In accordance with Articles 95 and 96, an investment firm and firms
referred to in point (2)(c) of Article 4(1) that provide the investment
services and activities listed in points (2) and (4) of Section A of
Annex I to Directive 2004/39/EC shall hold eligible capital of at
least one quarter of the fixed overheads of the preceding year.
2.
Where there is a change in the business of an investment firm since
the preceding year that the competent authority considers to be
material, the competent authority may adjust the requirement laid
down in paragraph 1.
3.
Where an investment firm has not completed business for one year,
starting from the day it starts up, an investment firm shall hold
eligible capital of at least one quarter of the fixed overheads
projected in its business plan, except where the competent authority
requires the business plan to be adjusted.
[Note: article 97(1) to (3) of the EU CRR]
11.3.4
R
In IPRU(INV) 11.3.3R, and subject to IPRU(INV) 11.3.6R to IPRU(INV)
11.3.9R, a firm’s relevant fixed expenditure is the amount described as total
expenditure in its final income statement (FSA030) for the previous
financial year, less the following items (if they are included within such
expenditure):
(1)
staff bonuses, except to the extent that they are guaranteed;
(2)
employees' and directors' shares in profits, except to the extent that
they are guaranteed;
(3)
other appropriations of profits;
(4)
shared commission and fees payable which are directly related to
commission and fees receivable which are included within total
revenue;
(5)
interest charges in respect of borrowings made to finance the
acquisition of the firm's readily realisable investments;
(6)
interest paid to customers on client money;
(7)
interest paid to counterparties;
(8)
fees, brokerage and other charges paid to clearing houses, exchanges
and intermediate brokers for the purposes of executing, registering or
clearing transactions;
(9)
foreign exchange losses; and
(10)
other variable expenditure. [deleted]
Page 15 of 41
Appendix Z
11.3.5
G
The income statement (FSA030) should be completed on a cumulative basis,
so that the final income statement in a firm's financial year (ie the period that
ends on the firm's accounting reference date) relates to the entire year.
[deleted]
11.3.6
R
The relevant fixed expenditure of a firm is:
11.3.7
R
(1)
where its final income statement (FSA030) for the previous financial
year does not relate to a twelve-month period, an amount calculated
in accordance with IPRU(INV) 11.3.4R, pro-rated so as to produce
an equivalent twelve-month amount; or
(2)
where it has not completed twelve months’ trading, an amount based
on forecast expenditure included in the budget for the first twelve
months' trading, as submitted with its application for authorisation.
[deleted]
A firm must adjust its relevant fixed expenditure calculation so far as
necessary to the extent that since the submission of its final income
statement (FSA030) for the previous financial year or since the budget was
prepared (if IPRU(INV) 11.3.6R(2) applies):
(1)
its level of fixed expenditure changes materially; or
(2)
the regulated activities comprised within its permission change.
[deleted]
11.3.8
G
In IPRU(INV) 11.3.4R to IPRU(INV) 11.3.7R, fixed expenditure is
expenditure which is inelastic relative to fluctuations in a firm's levels of
business. Fixed expenditure is likely to include most salaries and staff costs,
office rent, payment for the rent or lease of office equipment, and insurance
premiums. It may be viewed as the amount of funds which a firm would
require to enable it to cease business in an orderly manner, should the need
arise. This is not an exhaustive list of such expenditure and a firm will itself
need to identify which costs amount to fixed expenditure. [deleted]
11.3.9
R
If a firm has a material proportion of its expenditure incurred on its behalf
by another person and such expenditure is not fully recharged by that
person, then the firm must adjust its relevant fixed expenditure calculation
by adding back in the whole of the difference between the amount of the
expenditure and the amount recharged. [deleted]
11.3.10
G
Under IPRU(INV) 11.3.9R, the FCA would consider 10% of a firm's
expenditure incurred on its behalf by other persons as material. [deleted]
Professional negligence
11.3.11
G
A firm that manages an AIF full-scope UK AIFM should:
…
Page 16 of 41
Appendix Z
…
11.4
Method of calculating initial capital and own funds [deleted]
TABLE 11.4
PART I
A firm must calculate its initial capital and own funds as shown below,
subject to the detailed requirements set out in Part II.
Paragraph
Category
Part II
A
2
TIER 1
(1)
Paid-up share capital (excluding preference
shares)
(2)
Share premium account
(3)
Audited reserves and interim profits
(4)
Non-cumulative preference shares
(5)
Eligible LLP members' capital
3 and 4
5
Initial capital = A
(6)
Investments in own shares
(7)
Intangible assets
6
(8)
Material current year losses
7
(9)
Excess LLP members' drawings
B
(10) Material holdings in credit and financial
institutions
Tier 1 capital = (A-B) =
8
C
1(b)
TIER 2
(11) Revaluation reserves
D
Page 17 of 41
Appendix Z
(12) Fixed-term cumulative preference share
capital
1(a)
(13) Long-term qualifying subordinated loans
1(a); 9
(14) Other cumulative preference share capital
and debt capital
(15) Qualifying arrangements
OWN FUNDS = (C+D) =
10
E
PART II
DETAILED REQUIREMENTS
1
2
Ratios
(a)
The total of fixed-term cumulative preference share capital
(item 12) and long-term qualifying subordinated loans (item
13) that may be included in Tier 2 capital (D) is limited to 50
per cent of Tier 1 capital (C); and
(b)
Tier 2 capital (D) must not exceed 100 per cent of Tier 1
capital (C).
Non corporate entities
(a)
In the case of partnerships, the following terms should be
substituted, as appropriate, for items 1 to 4 in initial capital:
(i)
partners' capital accounts (excluding loan capital);
(ii)
partners' current accounts (excluding unaudited profits
and loan capital); and
(iii) proprietor's account (or other term used to signify the
sole trader's capital but excluding unaudited profits).
(b)
Loans other than qualifying subordinated loans shown within
partners' or proprietors' accounts must be classified as Tier 2
capital under item 14.
(c)
For the calculation of initial capital and own funds, partners'
current accounts figures are subject to the following
adjustments for of a defined benefit occupational pension
scheme:
Page 18 of 41
Appendix Z
(i)
a firm must derecognise any defined benefit asset: and
(ii)
a firm may substitute for defined benefit liability the
firm's deficit reduction amount. The election must be
applied consistently in any one financial year.
Note
A firm should keep a record of and be ready to explain to its
supervisory contacts in the FCA the reasons for any difference
between the deficit reduction amount and any commitment the firm
has made in a public document to provide funding for a defined
benefit occupational pension scheme.
3
Audited Reserves (Item 3)
For the calculation of initial capital and own funds, the following
adjustments apply to the audited reserves figure:
(a)
a firm must deduct any unrealised gains or, where applicable,
add back in any unrealised losses on cash flow hedges of
financial instruments measured at cost or amortised cost:
(b)
for a defined benefit occupational pension scheme, a firm must
derecognise any defined benefit asset; and
(c)
a firm may substitute for a defined benefit liability the firm's
deficit reduction amount. The election must be applied
consistently in respect of any one financial year.
Note
A firm should keep a record of, and be ready to explain to its
supervisory contacts in the FCA, the reasons for any difference
between the deficit reduction amount and any commitment the firm
has made in a public document to provide funding for a defined
benefit occupational pension scheme.
(d)
a firm must not include any unrealised gains from investment
property.
Note
Unrealised gains from investment property should be reported as part
of revaluation reserves.
(e)
where applicable, a firm must deduct any asset in respect of
deferred acquisition costs and add back in any liability in
Page 19 of 41
Appendix Z
respect of deferred income (but excluding from the deduction
or addition any asset or liability which will give rise to future
cash flows), together with any associated deferred tax.
Note
If the firm uses the exemption in Part 16 of the Companies Act 2006
(section 477 (Small companies: Conditions for exemption from
audit)) relating to the audit of accounts then it will not be able to
include its reserves under this Item (3), unless it appoints an auditor.
4
Interim profits (Item 3)
Non-trading book interim profits may only be included in Tier 1 of the
calculation if they have been independently verified by the firm's auditor.
For this purpose, the auditor should normally undertake at least the
following:
(a)
satisfy himself that the figures forming the basis of the interim
profits have been properly extracted from the underlying
accounting records;
(b)
review the accounting policies used in calculating the interim
profits so as to obtain comfort that they are consistent with
those normally adopted by the firm in drawing up its annual
financial statements;
(c)
perform analytical review procedures on the results to date,
including comparisons of actual performance to date with
budget and with the results of prior periods;
(d)
discuss with management the overall performance and
financial position of the firm;
(e)
obtain adequate comfort that the implications of current and
prospective litigation, all known claims and commitments,
changes in business activities and provisions for bad and
doubtful debts have been properly taken into account in
arriving at the interim profits; and
(f)
follow up problem areas of which the auditor is already aware
in the course of auditing the firm's financial statements.
A firm wishing to include interim profits in Tier 1 capital must obtain a
verification report signed by its auditor which states whether the interim
results are fairly stated.
Page 20 of 41
Appendix Z
Profits on the sale of capital items or arising from other activities which
are not directly related to the designated investment business of the firm
may also be included within the calculation of own funds if they can be
separately verified by the firm's auditor. Such profits can form part of the
firm's Tier 1 capital as audited profits.
Note
If the firm uses the exemption in Part 16 of the Companies Act 2006
(section 477 (Small companies: Conditions for exemption from
audit)) for the audit of accounts then it will not be able to include its
interim profits under Item (3), unless it appoints an auditor.
5
Eligible LLP members' capital (Item 5)
Members' capital of a limited liability partnership may only be included in
initial capital (see item 5) if the conditions in IPRU(INV) Annex A 2.2R
(Specific conditions for eligibility) and IPRU(INV) Annex A 2.3R
(General conditions for eligibility) are satisfied.
6
Intangible assets (Item 7)
Intangible assets comprise:
7
(a)
formation expenses to the extent that these are treated as an
asset in the firm's accounts;
(b)
goodwill, to the extent that it is treated as an asset in the firm's
accounts; and
(c)
other assets treated as intangibles in the firm's accounts.
Material current year losses (Item 8)
Losses in current year operating figures must be deducted when
calculating Tier 1 capital if such losses are material. For this purpose,
profits and losses must be calculated quarterly, as appropriate. If this
calculation reveals a net loss it shall only be deemed to be material for the
purposes of this Table if it exceeds 10 per cent of the firm's Tier 1 capital.
8
Material holdings in credit and financial institutions (Item 10)
Page 21 of 41
Appendix Z
Material holdings comprise:
9
(a)
where the firm holds more than 10 per cent of the equity share
capital of a credit institution or financial institution, the value
of that holding and the amount of any subordinated loans to
that institution and the value of holdings in qualifying capital
items or qualifying capital instruments issued by that
institution;
(b)
for holdings other than those mentioned in (a) above, the value
of holdings of equity share capital in, and the amount of
subordinated loans made to, such institutions and the value of
holdings in qualifying capital items or qualifying capital
instruments issued by such institutions to the extent that the
total of such holdings and subordinated loans exceeds 10 per
cent of the firm's own funds calculated before the deduction of
item 10.
Long term qualifying subordinated loans (Item 13)
Loans having the characteristics prescribed by IPRU(INV) 11.5.1R may be
included in item 13, subject to the limits in paragraph (1).
10
Qualifying arrangements (Item 15)
A firm may only include an arrangement in item 15 if it is a qualifying
capital instrument or a qualifying capital item.
[deleted]
11.5
Qualifying subordinated loans [deleted]
Characteristics of long-term qualifying subordinated loans
11.5.1
R
A long-term qualifying subordinated loan (item (13) of Table 11.4) must
have the following characteristics:
(1)
the loan is repayable only on maturity or on the expiration of a
period of notice under (3) below, or on the winding up of the firm;
(2)
in the event of the winding up of the firm, the loan ranks after the
claims of all other creditors and is not to be repaid until all other
debts outstanding at the time have been settled;
Page 22 of 41
Appendix Z
(3)
(4)
either:
(a)
the minimum original maturity of the loan is five years; or
(b)
the loan does not have a minimum or fixed maturity but
requires five years notice of repayment; and
the loan is fully paid-up. [deleted]
[Note: article 4(1)(ad) of AIFMD, article 2(1)(l) of the UCITS Directive and article
64(3) of the Banking Consolidation Directive]
Amount allowable in the calculation of own funds
11.5.2
R
A firm may only take into account the paid-up amount of a long term
qualifying subordinated loan in the calculation of its own funds. This
amount must be amortised on a straight-line basis over the five years prior to
the date of repayment. [deleted]
[Note: article 4(1)(ad) of AIFMD, article 2(1)(l) of the UCITS Directive and article
64(3)(c) of the Banking Consolidation Directive]
Form of qualifying subordinated loan agreement
11.5.3
R
A qualifying subordinated loan must be in the form prescribed for Chapter 5
of IPRU(INV) by Annex D to IPRU(INV) with the following changes:
(1)
the reference to “Chapter 5” in Recital B on page 2 deleted and
replaced with “Chapter 11”; and
(2)
the references to “rule 5.2.1(1) of Chapter 5” in clause 3(b) (Interest)
deleted and replaced with “rule 11.2.1 (collective portfolio
management firm) of Chapter 11”. [deleted]
Requirements on a firm in relation to qualifying subordinated loans
11.5.4
R
A firm including a qualifying subordinated loan in its calculation of own
funds must not:
(1)
secure all or any part of the loan; or
(2)
redeem, purchase or otherwise acquire any of the liabilities of the
borrower in respect of the loan; or
(3)
amend or concur in amending the terms of the loan agreement; or
(4)
repay all or any part of the loan otherwise than in line with the terms
of the loan agreement; or
(5)
take or omit to take any action which may terminate, impair or
adversely affect the subordination of the loan or any part thereof.
[deleted]
Page 23 of 41
Appendix Z
11.6
Additional requirements for collective portfolio management investment firms
11.6.1
G
A collective portfolio management investment firm is required to comply
with the applicable requirements of either of the following sourcebooks in
addition to complying with IPRU(INV) 11:
(1)
GENPRU and BIRPU if it is a BIPRU firm; or
(2)
IFPRU if it is IFPRU investment firm.
11.6.2
G
A collective portfolio management investment firm may undertake the
following MiFID business: portfolio management; investment advice;
safekeeping and administration in relation to shares or units of collective
investment undertakings; and (if it is an AIFM investment firm) reception
and transmission of orders in relation to financial instruments. Subject to the
conditions that the firm is not authorised to provide safekeeping and
administration in relation to shares or units of collective investment
undertakings and is not permitted to hold client money or client assets in
relation to its MiFID business (and for that reason may not at any time place
themselves in debt with those clients) competent authorities may allow the
firm to stay on the capital requirements that would be binding on that firm as
at 31 December 2013 under the Banking Consolidation Directive and the
Capital Adequacy Directive (in line with article 95(2) of the EU CRR). The
FCA has exercised this derogation and as such, a firm meeting those
conditions is a BIPRU firm. If the conditions set out above are not met, a
collective portfolio management investment firm is an IFPRU investment
firm.
11.6.3
G
A collective portfolio management investment firm is required to comply
with the applicable requirements of the sourcebooks set out in IPRU(INV)
11.6.1R in parallel with its requirements under IPRU(INV) 11. This means
that a capital instrument may be used to meet either or both sets of
requirements provided it meets the conditions set out in the relevant
sourcebook.
11.6.4
G
(1)
When a collective portfolio management investment firm that is a
BIPRU firm calculates the credit risk capital requirement and the
market risk capital requirement for the purpose of calculating the
variable capital requirement under GENPRU 2.1.40R it must do so
only in respect of designated investment business. For this purpose
managing an AIF or managing a UCITS is excluded from designated
business.
(2)
In the main, BIPRU only applies to a collective portfolio
management investment firm that is a BIPRU firm in respect of its
designated investment business (excluding managing an AIF and
managing a UCITS). However BIPRU 2.2 (Internal capital adequacy
standards), BIPRU 2.3 (Interest rate risk in the non-trading book),
BIPRU 8 (Group risk - consolidation) and BIPRU 11 (Disclosure)
Page 24 of 41
Appendix Z
apply to the whole of its business.
11.6.5
G
(1)
When a collective portfolio management investment firm that is an
IFPRU investment firm calculates the total risk exposure amount in
article 92(3) of the EU CRR, the own funds requirements referred to
in article 92(3)(a) (Risk weighted exposure amount for credit risk
and dilution risk) and article 92(3)(b) (Risk weighted exposure
amount for position risk) should include only those arising from its
designated investment business. For this purpose, managing an AIF
or managing a UCITS is excluded from designated investment
business.
(2)
Generally, IFPRU only applies to the designated investment business
(excluding managing an AIF and managing a UCITS) of a collective
portfolio management investment firm that is an IFPRU investment
firm. However: IFPRU 2.2 (Internal capital adequacy standards) and
IFPRU 2.3 (Supervisory review and evaluation process: Internal
capital adequacy standards) apply to the whole of its business.
11.7
Capital reporting
11.7.1
G
The reporting requirements in respect of capital adequacy for a collective
portfolio management firm and a collective portfolio management
investment firm are set out in SUP 16.12 (Integrated regulatory reporting).
In summary, the relevant capital adequacy forms for its business of
managing an AIF or managing a UCITS are as follows:
(1)
a collective portfolio management firm is required to submit FIN066
(and FSA042 if it is a UCITS firm);
(2)
a collective portfolio management investment firm that is an IFPRU
investment firm is required to submit FIN067 (and FSA042 if it is a
UCITS investment firm) and report using COREP; and
(3)
a collective portfolio management investment firm that is an BIPRU
firm is required to submit FIN068 (and FSA042 if it is a UCITS
investment firm) and FSA003.
Page 25 of 41
Appendix Z
Annex E
Amendments to the Supervision manual (SUP)
In this Annex, underlining indicates new text and striking though indicates deleted text,
unless otherwise stated.
16 Annex 24R
Data items for SUP 16.12
FIN066 and FIN067 are deleted and replaced with the following forms (the text of these
forms is new and is not underlined).
FIN066 - Capital adequacy (for collective portfolio management firms)
Currency Reporting Currency
1
2
3
4
5
6
7
Regulatory Capital
Core Equity Tier 1
Paid up capital instruments
Share premium
Retained earnings
Other reserves
All other CET1 capital elements
Deductions / Adjustments from CET1
TOTAL
8
9
10
Additional Tier 1
AT1 Capital elements
Deductions / Adjustment from AT1
TOTAL
11
12
13
14
Tier 2
Subordinated loans
Other T2 capital elements
Deductions / Adjustments from T2
TOTAL
15
OWN FUNDS
Currency Units Thousands
A
B
H
J
Regulatory capital tests
16
Own funds test for collective portfolio management firms
Own funds
18
19
20
21
22
Higher of:
Funds under management requirement
and
Fixed overheads requirement
+ (either) Professional negligence capital requirement
+ (or) PII capital requirement
Total capital requirement
Surplus / deficit of own funds
23
24
25
Liquid assets test
Liquid assets requirement
Liquid assets held
Surplus / deficit of liquid assets
26
Professional indemnity insurance
Specify whether your firm holds additional own funds or PII in accordance with regulatory requirements
27
If PII is held, provide the following policy details
17
A
B
PII Basic information
PII policy
Annualised
premium
Insurer
(from list)
C
Start date
D
E
Renewal Currency of
date
indemnity
limits
F
G
Limit of indemnity required Limit of indemnity received
Single
Aggregate
Single
Aggregate
1
Page 26 of 41
K
PII detailed information
L
M
Business line
(from list)
Policy
excess
Policy exclusions
Appendix Z
FIN067 - Capital adequacy - supplemental (for collective portfolio management investment firms subject to IFPRU)
Currency Reporting Currency
Currency Units Thousands
Special Instructions
To be inserted here as applicable
1
Regulatory capital tests
Own funds
A
Higher of:
2
3
4
5
6
Higher of:
Funds under management requirement
and
Fixed overheads requirement
+ (either) Professional negligence capital requirement
+ (or) PII capital requirement
Subtotal
and
7
Own funds requirements
8
Total requirement
0
9
Surplus / (deficit) of financial resources
0
10
11
12
Liquid assets test
Liquid assets requirement
Liquid assets held
Surplus / deficit of liquid assets
13
Professional indemnity insurance
Specify whether your firm holds additional own funds or PII
in accordance with regulatory requirements
14
If PII is held, provide the following policy details
A
B
PII Basic information
PII policy
Annualised
premium
Insurer
(from list)
C
D
E
Start date Renewal date Currency
of
indemnity
limits
F
G
Limit of indemnity required
Single
Aggregate
H
J
Limit of indemnity received
Single
Aggregate
Page 27 of 41
K
PII detailed information
L
M
Business line
(from list)
Policy
excess
Policy
exclusions
Appendix Z
FIN068 is added as follows (the text is new and is not underlined).
FIN068 - Capital adequacy - supplemental (for collective portfolio management investment firms subject to BIPRU)
Currency Reporting Currency
1
2
3
4
5
6
7
Regulatory Capital
Core Equity Tier 1
Paid up capital instruments
Share premium
Retained earnings
Other reserves
All other CET1 capital elements
Deductions / Adjustments from CET1
TOTAL
8
9
10
Additional Tier 1
AT1 Capital elements
Deductions / Adjustment from AT1
TOTAL
11
12
13
14
Tier 2
Subordinated loans
Other T2 capital elements
Deductions / Adjustments from T2
TOTAL
15
OWN FUNDS
Currency Units Thousands
A
B
H
J
Regulatory capital tests
16
Own funds test - AIFMD business
Own funds
18
19
20
21
22
Higher of:
Funds under management requirement
and
Fixed overheads requirement
+ (either) Professional negligence capital requirement
+ (or) PII capital requirement
Total capital requirement
Surplus / deficit of own funds
23
24
25
Liquid assets test - AIFMD business
Liquid assets requirement
Liquid assets held
Surplus / deficit of liquid assets
26
27
28
MiFID business
Own funds
Variable capital requirement
Surplus (deficit)
29
Professional indemnity insurance
Specify whether your firm holds additional own funds or PII in accordance with regulatory requirements
30
If PII is held, provide the following policy details
17
A
B
PII Basic information
PII policy
Annualised
premium
Insurer
(from list)
C
Start date
D
E
Renewal Currency of
date
indemnity
limits
F
G
Limit of indemnity required Limit of indemnity received
Single
Aggregate
Single
Aggregate
1
Page 28 of 41
K
PII detailed information
L
M
Business line
(from list)
Policy
excess
Policy exclusions
Appendix Z
Amend the following as shown.
16 Annex 25G
Guidance notes for data items in SUP 16 Annex 24R
…
FIN066 – Capital Adequacy (for collective portfolio management firms)
…
Data elements
These are referred to by row first, then by column, so data element 2B will be the element
numbered 2 in column B.
Regulatory capital
1 to
19
15
The figures in this section should be consistent with
those submitted in FSA029 for the same reporting
period.
Regulatory capital test
Own funds test for collective portfolio management firms
Own funds
20B The amount of own funds calculated in line with
16B IPRU(INV) 11.4 article 4(1)(118) of the EU CRR. This
is the figure entered at 19B15B.
Funds under management
21B …
requirement
17B
Fixed overheads
22B This is one quarter of the annualised fixed expenditure
requirement
18B calculated in line with IPRU(INV) 11.3.3R
11.3.3AEU.
The amount to be entered in this element is calculated
using elements 30 to 42 in the fourth quarter of the
preceding financial year. Each of the four quarters in
any financial year should use the figure calculated in
the fourth quarter of the preceding year.
Professional negligence
capital requirement
23B
19B
Where there was no preceding year, the figure entered
is that determined in line with IPRU(INV) 11.3.6R.
The amount of additional own funds used to cover
potential liability risks arising from professional
negligence for AIFM activities in lieu of professional
indemnity insurance, as per IPRU(INV)
11.3.11G(1)(a).
When calculating this amount, firms should include the
amount of any assets under management that are
delegated to the firm by mandate, see IPRU(INV)
11.3.14EU. Note that this treatment is different from
that prescribed for the funds under management
requirement (see the guidance in line 21B 17B).
Page 29 of 41
Appendix Z
PII capital requirement
Total capital requirement
Surplus / deficit of own
funds
Liquid assets test
Liquid assets requirement
24B
20B
25B
21B
26B
22B
If a firm makes an entry in 23B 19B it should not
make an entry in 24B 20B.
The amount of any additional own funds required to
cover any defined excess and exclusions in the
insurance policy, as required by IPRU(INV)
11.3.11G(1)(b).
If a firm makes an entry in 24B 20B it should not
make an entry in 23B 19B.
This is the higher of 21B 17B and 22B 18B, plus either
23B 19B or 24B 20B.
This is 20B 16B less 25B 21B.
27B …
23B
Liquid assets held
28B …
24B
Surplus / deficit of liquid
29B This is 28B 24B less 27B 23B.
assets
25B
Calculation of relevant annual expenditure for forthcoming year
30 to This section of the data item must be completed when
42
the reporting period end date is equal to the firm’s
accounting reference date, ie the fourth quarter. This
does not need to be completed during the other three
quarters. Where appropriate, figures entered should
match those on FSA030 for the same reporting period.
Total expenditure (per
income statement)
30B
Deductions from
expenditure
31A
to
40A
41B
42B
Relevant fixed expenditure
Relevant annualised fixed
expenditure
When, as per IPRU(INV) 11.3.6R(2), the firm is using
projected figures, these should be entered in this
section.
This should be the amount entered in element 22A of
FSA030 for the same reporting period. FSA030 should
be completed on a cumulative basis, so the amounts
entered in the fourth quarter represent the entire
financial year up to the accounting reference date.
Deductions from expenditure should be made in line
with IPRU(INV) 11.3.4R
This is 30B less the sum of 31A to 40A
If the figures submitted in FSA030 for the period
ending on the firm’s accounting reference date do not
include twelve month’s trading, then the amount
calculated in 41B must be pro-rated to an equivalent
annual amount. This situation may occur if the firm
has changed its accounting reference date.
Where a firm has not completed a full year since the
commencement of its permitted business, an amount
based on forecast expenditure included in its budget
Page 30 of 41
Appendix Z
Professional Indemnity Insurance
Specify whether your firm
43B
holds additional own funds 26B
or PII in accordance with
IPRU(INV) 7.3.12R
regulatory requirements
PII Basic information
44
27
Annualised premium
44A
27A
Insurer (from list)
44B
27B
Start date
44C
27C
Renewal date
44D
27D
Currency of indemnity
44E
limits
27E
Limit of indemnity
required: single
Limit of indemnity
required: aggregate
Limit of indemnity
received: single
Limit of indemnity
received: aggregate
PII detailed information
Business line (from list)
Policy excess
Policy exclusions
44F
27F
44G
27G
44H
27H
44J
27J
44K
27K
44L
27L
44M
27M
for the first twelve months’ trading, as submitted with
its application for membership, should be entered.
…
…
…
…
…
…
Using the appropriate International Organization for
Standardization ISO 4217 three digit code (eg, GBP),
enter the currency in which the indemnity limits in
fields 44F 27F to 44J 27J are reported.
…
…
…
…
…
Where the policy contains different excesses for
different business lines, firms should identify these
business lines from the list (or the closest equivalent)
and report the (highest) excess for that business line in
data element 44L 27L. Once these ‘non-standard’
excesses have been identified, the remaining business
lines should be reported under ‘All other’.
…
In line with IPRU(INV) 11.3.11G(1)(b), a firm should
include additional own funds sufficient to cover the
highest excess in the amount reported in 24B 20B.
…
In line with IPRU(INV) 11.3.11G(1)(b), a firm should
Page 31 of 41
Appendix Z
include additional own funds sufficient to cover any
liabilities arising in the amount reported in 24B 20B.
FIN066 – Capital Adequacy (for collective portfolio management firms) validations
Internal validations
Data elements are referenced by row, then column.
Validation
number
Data
element
1
2
3
4
5
6
7
8
10
6B7B
12B10B
13B14B
19B15B
20B16B
25B21B
26B22B
25B
41B
=
=
=
=
=
=
=
=
=
Σ(1B:5B6B)
Σ(7A:11A)8B – 9B
6BΣ(11B:12B) – 12B13B
Σ(13B:18B)7B + 10B + 14B
19B15B
(higher of 21B17B and 22B18B) + 23B19B + 24B20B
20B16B – 25B21B
24B-23B
30B - Σ(31A:40A)
External validations
Validation
number
Data
element
1
30B
=
FSA030.22A
FIN067 – Capital adequacy – supplemental (for collective portfolio management
investment firms subject to IFPRU)
Introduction
FIN067 provides a framework for the collection of prudential information required by the
FCA for its supervision activities. The data item is intended to reflect the underlying
prudential requirements in GENPRU 2.1.63R to 2.1.74R IPRU(INV) 11 and IFPRU and
allows monitoring against those requirements.
…
Data Elements
These are referred to by row first, then by column, so data element 2B will be the element
numbered 2 in column B.
Own funds
1A
This amount should be equal to the figure entered in
element 57A of FSA003 the appropriate fields under
COREP for the same reporting period.
Page 32 of 41
Appendix Z
…
Fixed overheads
requirement
Professional negligence
capital requirement
3A
4A
The amount calculated in line with GENPRU 2.1.53R
IPRU(INV) 11.3.3AEU. The amount should equal
element 104A on FSA003 the appropriate fields under
COREP for the same reporting period.
The amount of additional own funds used to cover
potential liability risks arising from professional
negligence in relation to AIFM activities in lieu of
professional indemnity insurance, as per GENPRU
2.1.67G(1)(a) IPRU(INV) 11.3.11G(1)(a).
When calculating this amount, firms should include the
amount of any assets under management that are
delegated to the firm by mandate, as set out in
GENPRU 2.1.70EU IPRU(INV) 11.3.14EU. Note that
this treatment is different from that prescribed for the
funds under management requirement (see the
guidance in line 2A).
PII capital requirement
5A
Subtotal
Variable capital
requirement Own funds
requirements
6A
6A
7A
Total requirement
7A
8A
8A
9A
Surplus / deficit of own
funds
Liquid assets test
Liquid assets requirement
9A
10A
Liquid assets held
10A
11A
Surplus / deficit of liquid
11A
assets
12A
Professional Indemnity Insurance
Does your firm hold
12A
additional own funds or PII 13A
in accordance with
GENPRU 2.1.67G
regulatory requirements
…
The amount of any additional own funds required to
cover any defined excess and exclusions in the
insurance policy, as required by GENPRU
2.1.67G(1)(b) IPRU(INV) 11.3.11G(1)(b).
…
This is higher of 2A and 3A plus 4A or 5A.
The amount of own funds requirements calculated in
line with GENPRU 2.1.45R article 92 of the EU CRR.
The amount should equal element 70A on FSA003 the
appropriate fields under COREP for the same reporting
period.
This is the higher of 2A and 3A plus 4A or 5A, 6A and
6A 7A.
This is 1A less 7A 8A.
The amount of own funds required by GENPRU
2.1.64R IPRU(INV) 11.2.1R(3).
…
This is 10A 11A less 9A 10A.
…
Page 33 of 41
Appendix Z
PII Basic information
Currency of indemnity
limits
13
14
13A
14A
13B
14B
13C
14C
13D
14D
13E
14E
Limit of indemnity
required: single
13F
14F
Annualised premium
Insurer (from list)
Start date
Renewal date
Limit of indemnity
required: aggregate
13G
14G
Limit of indemnity
received: single
Limit of indemnity
received: aggregate
PII detailed information
Business line (from list)
13H
14H
13J
14J
Policy excess
13L
14L
13K
14K
…
…
…
…
…
Using the appropriate International Organization for
Standardization ISO 4217 three digit code (eg, GBP),
enter the currency in which the indemnity limits, in
fields 13F 14F to 13J 14J are reported.
You should record here the required indemnity limits
on the firm’s PII policy or policies for single claims. A
firm should calculate this amount with reference to
GENPRU 2.1.71EU IPRU(INV) 11.3.15EU and
include the amount of any assets under management
that are delegated to the firm by mandate.
…
You should record here the required indemnity limits
on the firm’s PII policy or policies, in aggregate. A
firm should calculate this amount with reference to
GENPRU 2.1.71EU IPRU(INV) 11.3.15EU and
include the amount of any assets under management
that are delegated to the firm by mandate.
…
…
…
For policies that cover all business lines, firms
should select ‘All’ from the list provided. Where the
policy contains different excess for different business
lines, firms should identify these business lines from
the list (or the closest equivalent) and report the
(highest) excess for that business line in data element
13L 14L. Once these ‘non-standard’ excesses have
been identified, the remaining business lines should be
reported under ‘All other’.
…
In line with GENPRU 2.1.67G(1)(b) IPRU(INV)
11.3.11G(1)(b), a firm should include additional own
funds sufficient to cover the highest excess in the
Page 34 of 41
Appendix Z
Policy exclusions
13M
14M
amount reported in 5A.
…
In line with GENPRU 2.1.67G(1)(b) IPRU(INV)
11.3.11G(1)(b), a firm should include additional own
funds sufficient to cover any liabilities arising in the
amount reported in 5A.
FIN067 – Capital adequacy – supplemental (for collective portfolio management
investment firms subject to IFPRU) validations
Internal validations
Data elements are referenced by row, then column.
Validation
number
Data
element
1
2
23
34
7A6A
8A
8A9A
11A12A
=
=
=
=
Higher of ((Higher of 2A and 3A) + 4A + 5A) and 6A
Higher of 6A and 7A
1A – 7A8A
10A11A – 9A10A
External validations
Validation
number
Data
element
1
2
3
1A
3A
6A
=
=
=
FSA003.57A
FSA003.104A
FSA003.70A
The following text is new and is not underlined.
FIN068 – Capital Adequacy - supplemental (for collective portfolio management
investment firms subject to GENRPU/BIPRU)
Introduction
FIN068 provides a framework for the collection of prudential information required by the
FCA for its supervision activities. The data item is intended to reflect the underlying
prudential requirements in IPRU(INV) 11 and GENPRU/BIPRU and allows monitoring
against those requirements.
Defined terms
Where terms used in these notes are defined by the Companies Act 2006, as appropriate, or
the provisions of the firm’s accounting framework (usually UK GAAP or IFRS) they should
have that meaning. The descriptions in these notes are designed to repeat, summarise or
Page 35 of 41
Appendix Z
amplify the relevant statutory or other definitions and terminology without departing from
their full meaning or effect.






The data item should comply with the principles and requirements of the firm’s
accounting framework, which will generally be UK GAAP (including relevant
provisions of the Companies Act 2006 as appropriate) or IFRS.
The data item should be completed on an unconsolidated basis.
The data item should be in agreement with the underlying accounting records.
Accounting policies should be consistent with those adopted in the firm’s annual
report and accounts and consistently applied.
Information required should be prepared in line with generally accepted accounting
standards.
The data item should not give a misleading impression of the firm. A data item is
likely to give a misleading impression if a firm wrongly omits or includes a material
item or presents a material item in the wrong way.
Currency
You should report in the currency of your annual audited accounts, ie in Sterling, Euro, US
dollars, Canadian dollars, Swedish Kroner, Swiss Francs or Yen. Figures should be reported
in 000s.
Data elements
These are referred to by row first, then by column, so data element 2B will be the element
numbered 2 in column B.
Regulatory capital
1 to
15
Regulatory capital tests
Own funds test – AIFMD business
Own funds
16B
Funds under management
requirement
17B
The figures in this section should be consistent with
those submitted in FSA003 for the same reporting
period.
The amount of own funds calculated in line with article
4(1)(118) of the EU CRR. This is the figure entered at
15B.
Up to a maximum of €10,000,000, this is the base
capital resources requirement plus 0.02% of the
amount by which the firm’s funds under management
exceeds €250,000,000.
If the data item is not submitted with figures in Euros,
then the figure should be converted to the currency of
the submission using the closing mid-market rate of
exchange on the reporting period end date.
Fixed overheads
requirement
18B
The appropriate definition of funds under management
to be used in this calculation is that set out in the FCA
Handbook Glossary of definitions.
This is one quarter of the annualised fixed expenditure
calculated in line with IPRU(INV) 11.3.3AEU.
Page 36 of 41
Appendix Z
Professional negligence
capital requirement
19B
The amount of additional own funds used to cover
potential liability risks arising from professional
negligence for AIFM activities in lieu of professional
indemnity insurance, as per IPRU(INV)
11.3.11G(1)(a).
When calculating this amount, firms should include the
amount of any assets under management that are
delegated to the firm by mandate, see IPRU(INV)
11.3.14EU. Note that this treatment is different from
that prescribed for the funds under management
requirement (see the guidance in line 17B).
If a firm makes an entry in 19B it should not make an
entry in 20B.
PII capital requirement
20B
This entry is only relevant for full-scope UK AIFMs
and should be left blank if the firm is not a full-scope
UK AIFM.
The amount of any additional own funds required to
cover any defined excess and exclusions in the
insurance policy, as required by IPRU(INV)
11.3.11G(1)(b).
If a firm makes an entry in 20B it should not make an
entry in 19B.
Total capital requirement
21B
This entry is only relevant for full-scope UK AIFMs
and should be left blank if the firm is not a full-scope
UK AIFM.
This is the higher of 17B and 18B, plus either 19B or
20B.
This is 16B less 21B.
Surplus / deficit of own
22B
funds
Liquid assets test – AIFMD business
Liquid assets requirement
23B For a collective portfolio management firm, this is the
amount required by IPRU(INV) 11.2.1R(3).
Liquid assets held
24B
Surplus / deficit of liquid
25B
assets
Own funds tests – MiFID business
Own funds
26B
Variable capital
requirement
27B
This is the amount of liquid assets held by the firm at
the reporting date. Assets are regarded as liquid if they
are readily convertible to cash within one month. This
figure must not include speculative positions.
This is 24B less 23B.
This amount should be equal to the figure entered in
element 57A of FSA003 for the same reporting period.
The amount calculated in line with GENPRU 2.1.45R.
The amount should equal element 70A on FSA003 for
the same reporting period.
Page 37 of 41
Appendix Z
Surplus (deficit)
28B
Professional Indemnity Insurance
Specify whether your firm
29B
holds additional own funds
or PII in accordance with
regulatory requirements
PII Basic information
30
Annualised premium
30A
Insurer (from list)
30B
Start date
Renewal date
Currency of indemnity
limits
30C
30D
30E
Limit of indemnity
required: single
30F
Limit of indemnity
required: aggregate
30G
This is 26B less 27B.
The firm should report either “Own funds” or “PII”.
Where a firm has PII but also holds own funds to cover
any excesses and/or exclusions on the policy, the firm
should report “PII”.
Firms should enter details on all relevant PII policies,
using a separate line for each policy.
A firm may satisfy its requirements for professional
indemnity insurance with a policy that also provides
cover to one or more entities other than the firm,
provided the policy satisfies the conditions of the
AIFMD level 2 regulation in respect of the firm,
exclusive of the cover provided to other entities by the
policy. If such a policy is held, each firm covered by
the policy should include the policy information on
their return.
This should state the premium payable (in
descending order of size, where relevant), net of tax
and any other add-ons. If the premium covers a period
other than 12 months, it should be annualised before
ranking.
Select the PII insurer from the list provided. If you
have more than one policy with the same insurer, they
should be combined. If the insurer is not listed, select
‘Other’. If a policy is underwritten by more than one
insurance undertaking or Lloyd's syndicate, you should
select ‘multiple’.
Enter the start date of the policy.
Enter the renewal date of the policy.
Using the appropriate International Organization for
Standardization ISO 4217 three digit code (eg, GBP),
enter the currency in which the indemnity limits in
fields 30F to 30J are reported.
You should record the required indemnity limits on the
firm’s PII policy or policies, in relation to single
claims. A firm should calculate this amount with
reference to IPRU(INV) 11.3.15EU and include the
amount of any assets under management that are
delegated to the firm by mandate.
Where these are denominated in a currency other than
the currency of the report, the figure should be
converted to the currency of the submission using the
closing mid-market rate of exchange on the reporting
period end date.
You should record here the required indemnity limits
on the firm’s PII policy or policies, in aggregate. A
Page 38 of 41
Appendix Z
firm should calculate this amount with reference to
IPRU(INV) 11.3.15EU and include the amount of any
assets under management that are delegated to the firm
by mandate.
Limit of indemnity
received: single
Limit of indemnity
received: aggregate
PII detailed information
Business line (from list)
Policy excess
Policy exclusions
30H
30J
Where these are denominated in a currency other than
the currency of the report, the figure should be
converted to the currency of the submission using the
closing mid-market rate of exchange on the reporting
period end date.
You should record here the indemnity limits on the
firm’s PII policy or policies, received in relation to
single claims.
Where these are denominated in a currency other than
the currency of the report, the figure should be
converted to the currency of the submission using the
closing mid-market rate of exchange on the reporting
period end date.
You should record here the indemnity limits on the
firm’s PII policy or policies, received in aggregate.
Where these are denominated in a currency other than
the currency of the report, the figure should be
converted to the currency of the submission using the
closing mid-market rate of exchange on the reporting
period end date.
30K
30L
30M
For policies that cover all business lines, firms
should select ‘All’ from the list provided.
Where the policy contains different excesses for
different business lines, firms should identify these
business lines from the list (or the closest equivalent)
and report the (highest) excess for that business line in
data element 30L. Once these ‘non-standard’ excesses
have been identified, the remaining business lines
should be reported under ‘All other’.
For policies that cover all business lines with no
difference in excesses, this should be the excess
applicable. Otherwise, it should contain the highest
excess for each business line that differs.
In line with IPRU(INV) 11.3.11G(1)(b), a firm should
include additional own funds sufficient to cover the
highest excess in the amount reported in 20B.
If there are exclusions in the firm’s PII policy, the
business type(s) to which they relate should be
selected here from the list provided.
Page 39 of 41
Appendix Z
In line with IPRU(INV) 11.3.11G(1)(b), a firm should
include additional own funds sufficient to cover any
liabilities arising in the amount reported in 20B.
FIN068 – Capital Adequacy (for collective portfolio management investment firms)
validations
Internal validations
Data elements are referenced by row, then column.
Validation
number
Data
element
1
2
3
4
5
6
7
8
9
7B
10B
14B
15B
16B
21B
22B
25B
28B
=
=
=
=
=
=
=
=
=
Σ(1B:6B)
9B-8B
Σ(11B:12B) – 13B
7B + 10B + 14B
15B
(higher of 17B and 18B) + 19B + 20B
16B – 21B
24B – 23B
26B – 27B
External validations
Validation
number
Data
element
1
2
26B
27B
=
=
FSA003.57A
FSA003.60A
Amend the following as shown.
TP 1.8
(1)
AIFMD
(2)
(3)
Material to which
the transitional
provision applies
1
The changes to
SUP 16.12 set out
in Annex M of the
Alternative
R
(4)
(5)
(6)
Transitional provision
Transitional
provision:
date in force
Handbook
provisions:
coming into
force
(1) Where a firm meets the
conditions in (2) the
changes effected by the
Annex Annexes listed in
…
…
Page 40 of 41
Appendix Z
2
Investment Fund
Managers Directive
Instrument 2013,
other than those
relating to FSA041
and Annex E of the
CRD (AIFMD and
UCITS
Consequential
Amendments)
Instruments 2013.
column (2) do not apply…
The changes to
R
SUP 16.12 set out
in Annex M of the
Alternative
Investment Fund
Managers Directive
Instrument 2013,
other than those
relating to FSA041
and Annex E of the
CRD (AIFMD and
UCITS
Consequential
Amendments)
Instrument 2013.
(1) Where a firm meets the
conditions in (2) the
changes effected by the
Annex Annexes listed in
column (2) do not apply…
Page 41 of 41
From 22 July
2013 until 30
January 2014
22 July 2014
…
Financial Conduct Authority
PUB REF: 003333
© Financial Conduct Authority 2013
25 The North Colonnade Canary Wharf
London E14 5HS
Telephone: +44 (0)20 7066 1000
Website: www.fca.org.uk
All rights reserved
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