6 : FCA Handbook Flashcards
What is first section of FCA handbook contain:
Regulatory obligations of all firms, senior management and approved persons:
What are threshold conditions (there are 5) firms must satisfy to retain Part 4a permissions?
- Cond 2.2-: If a person is a corporate body constituted under UK Law. Head office and registered office should be in UK
- Cond 2.3: Can be capable of being supervised by FCA.
- Cond 2.4: Resources must be appropriate in relation to regulated activity they wish to carry out.
- Cond 2.5: Firms must be fit and proper
- Cond 2.7: Business model must be suitable.
HLS: Principles of Business (PRIN)
Definition
General statement of fundamental obligations of all authorised firms
What is SYSC 2:
Firms should appoint individuals to controlled functions
What is SYSC 3:
(8)
They should appropriate, regularly reviewed and should cover:
* Reporting lines
* Compliance function
* Risk assessment
* Mi
* Honesty and competency of employees
* Remuneration
* Business continuity
* Record Keeping
What is SYSC 4:
Firms must have robust governance arrangements and reputable management.
What is SYSC 5:
Employees must have appropriate skills to carry functions.
What is SYSC 6:
Firms must maintain policies to comply with regulatory responsibilities.
What is SYSC 7:
Firm must manage maintain risk management policies.
What is SYSC8:
Firms must ensure to not take any additional operational risks through outsourcing.
What is SYSC9:
Firms must have orderly records to be keep of business and compliant with FCA
What is SYSC10:
Firms must have systems to identify conflicts of risks.
What is SYSC 10a?
Firm must take reasonable steps to record telephone conversations.
What is SYSC 18?
Whistleblowing; workers should be protected if aware of suspicious or criminal activity.
What is SYSC 19
firms must ‘establish, implement and maintain remuneration policies, procedures and practices that are consistent with and promote effective risk management’
How many remuneration principles are there to promtote effective risk management?
Twelve
What is SYSC 21?
Additional risk controls
What is SYSC 22?
Firms giving, getting references for staff
1.
What is SYSC 23-27?
Senior Managers and Certification Regime
What is FINMAR
Financial Stability and Market Confidence
What does FINMAR 2 part state?
- Protecting consumers
- Enhancing Financial integrity
In relation to short selling to protect FCA objectives
Training and Competence (who does it apply to?)
Apply to those who provide advice, those who supervise them and those who overseers them. It is a HLS
Main regulatory obligations for individuals?
- APER – FCA Code of practice for approved individuals
- FIT – Fit and proper test
- COCON: Code of conduct
How long can an individual cover for senior manager if not approved in an emergency situation
No more than 12 weeks
Statutory Status Disclosure: What must firms do
Disclose statutory status in every letter
Insurance against financial penalties: What must firms not do
Firms can not claim or enter under insurance contract to indemnify firm against financial penalties under FCA or FSMA
What is application free to FCA:
£2,500
What about Variation of Permission; applicaiton fee
If your firm wants to change or add to its regulated activities,
50% of equivalent application fee new firm would pay. A flat fee of £250 applies to all other VoP positions.
When are fees payable for application to FCA
Final fee rates in May, except those in March. Firms should expect periodic fee in June/July. Can also pay in instalments with Premium Credit ltd.
MIFIDPRU
Definition
Prudential Sourcebook for investment firms – non-MIFID-exempt firms have to have in place
MIPRU
**Prudential sourcebook for mortgage and Home Finance Firms **– rules about financial safeguards firms have to have in place
IPRU-INV
**Interim Prudential Sourcebook for Investment businesses
requirements for non-MIFIDPRU investment firms unless they are a collective portfolio management firm
INSPRU
Sourcebook for Insurers
Capital Adequacy for MIFIDPRU Firm
£75,000 - £25% of fixed overheads
As long as not holding client money or assets with AUM of less than £1.2 billion
Capital Adequacy of: Exempt MIFID firm
Exempt MiFID firm – £20,000, 5% Variable
Who oversees capital requirements?
PRA
Who calculates capital requirements?
FCA
How many capital tiers are there
3
Tier 1 most absorbent and permanent capital to tier 3 - not loss absorabant and temporary capital
MIFIDPRU - what does it deal with
Deals with investment firms subject to IFPR, covers elements relating to capital resource calculations.
What does MIFIDPRU 6 relate to
Liquidity: Firms must be self sufficient and cover a proportion of guarantees provided to clients
What Block 3 business standards apply to investment advice firms:
COBS
Who does COBS apply to?
The COBS rules apply to all regulated life and pension and investment businesses,
COBS 3
Types of Clients
COBS 4:
Communicating with clients, including financial promotions
COBS 6:
Information about the firm
COBS 8:
Client agreements
COBS 9:
Advice and know you customer rule
COBS 11:
Dealing and managing
COBS 13:
Product Disclosure
COBS 15:
Cancellation
COBS 16:
Reporting and record-keeping
How long do records of any benefits must be kept for under COBS
5 years
ICOBS
Insurance conduct of business. Sale of insurance products and some protection products.
What are 3 products of ICOBS:
- GI products
- Pure Protection
- PPI
ICOBS how many chapters
Nine
What is Cancellation period for GI products
14 days
What is cancellation period for Protection and PPI
30 days
When are there no cancellation rights ICOBS
travel or similar short-term policies lasting less than one month; or
policies where performance has already been completed.
What is MCOB
Mortgage conduct of business rules: Regulatory rules on home finance advice
What are 4 categories of mortgage firms under MCOBS?
- Lenders
- Administrators
- Arrangers
- Advisors
How can MCOB apply to firms:
- Direct Authorisation
- Appointed Representative
- Introducer status
When does FCA regulate mortgage contracts: Regulated Mortgage contracts (FCA)
- Lender provides credit to an individual (or trustees)
- Obligation is secured by a legal first mortgage on land in UK.
- At least 40% of property is used as dwelling by borrower or related person
What type of info should clients receive before equity release?
Clear, concise and consistent information including risk warnings
What regulations protect consumers for sale and rent back schemes?
- Ensure have security of tenure of at least 5 years
- Non advised sales aren’t allowed
14 days cooling off period - Banned cold calling
- Banned emotive terms
- Independent valuation must be carried out
What changed in MMR
Mortgage Marked Review
Affordability assessment
Lenders required to ensure do not treat “trapped borrowers”.
Mortgage Credit Directive – who does it apply to?
Applies to first and second charge mortgages.
What were the changes to MCOB as a result of mortgage credit directive?
- Need to provide a binding mortgage offer with a min 7 day reflection period
- New disclosure requirements
- Adequate explanation of products essential features
- Clients can ask commission paid by different lenders
Under CASS rules what must firms do (Clients assets and client money)
Separate clients assets from its own
(Must create a resolution pack to promote speedier return of client assets and money to client upon failure of firm)
Who is exempt from a CMAR?
CASS small firms.
What does Market Conduct (MAR) rules prohibit?
- Disseminating false or misleading information
- Giving a false or misleading impression
- Making artificial transactions
What does Block 4: Regulatory Processes Describe:
Operation of the FCA supervisory and disciplinary functions
What are the notification requirements under block 4 regulatory processes?
FCA is required to notify any person who is subject to investigation and must state reasons and provisions under which hhad begun and further tell them if scope changes. Unless insider dealing, market abuse, misleading statements.
Who is the Upper Tribunal and what are they responsible for
The Upper Tribunal is an independent judicial body which hears references arising from certain decisions and supervisory notices issued by the FCA. The Upper Tribunal is part of HM Courts & Tribunals Service, an executive agency of the Ministry of Justice
What does Block 5: Redress-complaints and compensation set out
FCA has appointed complaints commissioner to investigate and report to FCA. Complaints can be made by anyone directly affected by FCA action or inaction.
What are the time frame of complains in FCA?
Within 4 weeks, or arrange a timetable for complaint.
What is Block 6 of FCA handbook?
Specialist sourcebooks applying to individual business sectors
What is Block 7 of FCA handbook?
Listing, prospectus and disclosure rules
What is Block 8 of FCA?
What is Block 8 of FCA?
What is in block 9 of FCA?
Regulatory Guides
Enforcement Guide
Financial Crime guide
Perimeter Guidance model
Wind-Down Planning Guide
Consumer Credit Act
Who does it affect
This Act affects persons, individual or corporate, who provide any form of credit or advice on the obtaining or repayment of debt.
What were the main changes made by consumer credit act 2006:
- Definition of individual was changed to include sole traders, small partnerships and unincorporated associations
- Extended the jurisdiction of FOS
- £25,000 limit given exemption of purpose of business and high net worth individuals
- Debt administration services and credit information service now regulated.
What is FCA responsible for under Consumer rights act 2015?
Under the Consumer Rights Act 2015, the FCA is responsible for considering the fairness of standard terms in financial services contracts issued by FCA-authorised firms, or appointed representatives of firms that undertake any regulated activity.
