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LIST OF NON-LEGAL CHANGES TO THE HANDBOOK 2013 · List of non-legal corrections and clarifications...

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FCA UNRESTRICTED Page 1 of 25 December 2016 List of non-legal corrections and clarifications in the FCA Handbook This document lists the minor corrections and clarifications that we have made to the Handbook, other than those made by Handbook Administration instrument. These changes are regarded as having no legal effect. None of these changes represents a change in policy. In this list, underlining indicates new text and striking through indicates deleted text. Handbook reference Text of change made Reason for change Published date of change SUP 10A Annex 4 This annex consists only of one or more forms. Forms are to be found through the following address: Supervision forms - Notes from direction in SUP 10A.12 Long Form A: Incoming EEA firms (December 2015) Long Form A: UK firms (December 2015) Short Form A: Incoming EEA Firms (April 2013) Short Form A: UK and Overseas Firms (not incoming EEA) (April 2013) Form A: Notes for completion (October 2014) Hyperlinks added 13.01.16 DTR 7.2.9 Amended in accordance with FCA 2016/6: (2) …a document is publically available on the issuers's… Administrative change 28.01.16 Glossary term ‘relevant authorised person’ Amended in accordance with FCA 2015/67: (A) The institution is an investment firm Administrative change 01.02.16 DISP 1 Annex 3 Amended in accordance with FCA 2015/25: (6) Where the respondent proposes to waive the time limits in DISP 2.8.2 R or DISP 2.8.7 R and appropriate wording for the respondent circumstances is not set out in (1) to (5), the respondent’s Administrative change 01.02.16
Transcript
Page 1: LIST OF NON-LEGAL CHANGES TO THE HANDBOOK 2013 · List of non-legal corrections and clarifications in the FCA Handbook This document lists the minor corrections and clarifications

FCA UNRESTRICTED

Page 1 of 25 December 2016

List of non-legal corrections and clarifications in the FCA Handbook

This document lists the minor corrections and clarifications that we have made to the Handbook, other than those made by Handbook Administration

instrument. These changes are regarded as having no legal effect. None of these changes represents a change in policy.

In this list, underlining indicates new text and striking through indicates deleted text.

Handbook reference

Text of change made Reason for change

Published date of change

SUP 10A

Annex 4

This annex consists only of one or more forms. Forms are to be found through the following

address: Supervision forms - Notes from direction in SUP 10A.12

Long Form A: Incoming EEA firms (December 2015)

Long Form A: UK firms (December 2015)

Short Form A: Incoming EEA Firms (April 2013)

Short Form A: UK and Overseas Firms (not incoming EEA) (April 2013)

Form A: Notes for completion (October 2014)

Hyperlinks

added 13.01.16

DTR 7.2.9

Amended in accordance with FCA 2016/6:

(2) …a document is publically available on the issuers's…

Administrative

change 28.01.16

Glossary term

‘relevant

authorised

person’

Amended in accordance with FCA 2015/67:

(A) The institution is an investment firm

Administrative

change 01.02.16

DISP 1

Annex 3

Amended in accordance with FCA 2015/25:

(6) Where the respondent proposes to waive the time limits in DISP 2.8.2 R or DISP 2.8.7 R and

appropriate wording for the respondent circumstances is not set out in (1) to (5), the respondent’s

Administrative

change 01.02.16

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FCA UNRESTRICTED

Page 2 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

must adapt the appropriate wording as necessary

LR 7.2.1A

Amended in accordance with FCA 2014/33:

Premium Listing

Principle 2

A listed company must act with integrity towards the holders and

potential holders of its premium listed shares premium listed shares.

Administrative

change 01.03.16

SUP 6

Annex 5

This annex consists only of one or more forms. Forms are to be found through the following

address:

Supervision forms https://www.handbook.fca.org.uk/form

Hyperlinks

added 01.03.16

FEES 5

Annex 2

Amended in accordance with FOS 2010/2:

Annual Levy Payable in Relation to the Voluntary Jurisdiction for 2016/17

Administrative

change 10.03.16

Glossary term

‘Act’

Hyperlink to FSMA changed from

https://www.handbook.fca.org.uk/handbook/glossary/www.opsi.gov.uk/acts/acts2000/ukpga_2000

0008_en_1

to

http://www.legislation.gov.uk/ukpga/2000/8/contents

Hyperlink

changed 22.03.16

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FCA UNRESTRICTED

Page 3 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

SUP 16.12.4

Amended in accordance with FCA 2016/25:

• retail investment activities

• advising on P2P agreements (except when carried on exclusively with or for professional

clients)

Administrative

change 31.03.16

APER 4.3.3

Amended in accordance with FCA 2013/21:

A factor to be taken into account in determining whether or not an approved person's conduct

complies with this Statement of Principle 3) is whether he, or his firm, has complied with the Code

of Market Conduct (MAR 1) or relevant market codes and exchange rules.

Administrative

change 31.03.16

FEES 3.2.7

Amended in accordance with FSA 2012/77:

(zo) In the case of persons in respect of which the FCA has given notice of its intention to take, or

appoint a competent person to take, any steps under CONRED 2.5.12R, either:

Administrative

change 01.04.16

EG 19.170 to

EG 19.183

All the provisions of EG were renumbered by FCA 2016/9 with effect from 1 March 2016. EG 19.170

to EG 19.183 were added by FCA 2015/33 with effect from 21 March 2016. EG 19.170 to EG 19.183

are therefore renumbered as set out in the following table.

OLD NUMBERING NEW NUMBERING

The Mortgage Credit Directive 19.30 The Mortgage Credit Directive

19.170 19.30.1

19.171 19.30.2

19.172 19.30.3

19.173 19.30.4

Administrative

change 22.04.16

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Page 4 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

19.174

19.175

19.30.5

19.30.6

19.176 19.30.7

19.177 19.30.8

19.178 19.30.9

19.179 19.30.10

19.180 19.30.11

19.181 19.30.12

19.182 19.30.13

19.183 19.30.14

EG 19.29.29

to EG

19.29.38

EG 19.29.29 to EG 19.29.38 were added by FCA 2016/17 with effect from 1 April 2016. The

provision numbering is incorrect and the provisions are renumbered as set out in the following

table.

OLD NUMBERING NEW NUMBERING

The Small and Medium Sized

Business (Credit Information

Regulations)

19.31 The Small and Medium Sized

Business (Credit Information)

Regulations

19.29.29 19.31.1

19.29.30 19.31.2

19.29.31 19.31.3

19.29.32 19.31.4

19.29.33 19.31.5

19.29.34 19.31.6

19.29.35 19.31.7

19.29.36 19.31.8

Administrative

change 22.04.16

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Handbook reference

Text of change made Reason for change

Published date of change

19.29.37 19.31.9

19.29.38 19.31.10

Glossary term

‘collective

investment

scheme’

Amended in accordance with FSA 2001/7:

(a) any arrangements with respect to property of any description, including money, the purpose or

effect of which is to enable persons taking part in the arrangements (whether by becoming owners

of the property or any part of it or otherwise) to participate in or receive profits or income arising

from the acquisition, holding, management or disposal of the property or sums paid out of such

profits or income; and

(c)(b) which are not excluded by the Financial Services and Markets Act (Collective Investment

Schemes) Order 2001 (SI 2001/1062).

Administrative

change 26.04.16

DTR 4.1

Remove existing incorrect hyperlink (currently directs to ESMA library only) at:

Application

[Note: ESMA has also issued guidelines under article 16(3) of the ESMA Regulation on enforcement

of financial information http://www.esma.europa.eu/system/files/2014-807_-

_final_report_on_esma_guidelines_on_enforcement_of_financial_information.pdf]

Replace with:

https://www.esma.europa.eu/sites/default/files/library/2015/11/2014-807_-

_final_report_on_esma_guidelines_on_enforcement_of_financial_information.pdf

Handbook

Text Change

Request 28.04.16

COMP 6.1.4 Cross reference to COMP 3.2.1R(2) corrected. Hyperlink

added 05.05.16

EG 19.10.1 Amended in accordance with FCA 2014/12:

Administrative

change 06.05.16

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Handbook reference

Text of change made Reason for change

Published date of change

Where a breach has been committed, the FCA will liaise with other authorities, particularly the

Office of Fair Trading (the OFT) Competition and Markets Authority (the CMA), to determine which

authority is best placed to take enforcement action.

CONC 3.9

Amended in accordance with FCA 2015/49:

(1) unless it is a not-for-profit debt advice body or a person person who will provide such

services, operate a look alike website designed to attract customers seeking free, charitable,

not-for-profit or governmental or local governmental debt advice

Administrative

change 11.05.16

Glossary term

‘range’ Hyperlink added to glossary term ‘range of stakeholder products’

Hyperlink

added 11.05.16

SUP 16.12.4

(1) (2) (3) (4)

RAG

number

Regulated Activities Provisions containing:

applicable data items reporting

frequency/period

due date

RAG 6 safeguarding and

administration of

assets (without

arranging)

SUP 16.12.19 R

SUP 16.12.19A R

SUP 16.12.20 R SUP 16.12.21 R

Handbook

Text Change

Request 11.05.16

Glossary term

‘category B3

firm’

Amended in accordance with FSA 2009/62:

…assisting in the administration and performance of a contracts of insurances, …

Administrative

change 11.05.16

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Handbook reference

Text of change made Reason for change

Published date of change

TC Appendix

1.1

Designation R added.

Administrative

change

11.05.16

FEES 3.2.7

Amended in accordance with FSA 2012/77:

(zo) In the case of persons in respect of which the FCA has given notice of its intention to take, or

appoint a competent person to take, any steps under CONRED 2.5.12R, either:

Administrative

change 11.05.16

GEN Schedule

4

Schedule 4 Powers exercised

Sch 4.2G Powers to make rules

The following powers and related provisions in or under the Act have been exercised

by the FCA to make the rules in GEN:

Part 3 (Penalties and Fees of Schedule 1ZA (The Financial Conduct Authority)

(including as applied by article 25 (Application of provisions of the Act to the FCA

in respect of its supervision of consumer buy-to-let mortgage firms) of the MCD

Order), and by regulation 15A of the ADR Regulations

Handbook

Text Change

Request 11.05.16

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Handbook reference

Text of change made Reason for change

Published date of change

Sch 4.7G Power to direct, require or specify

The following powers and related provisions in the Act have been exercised by the

FCA to direct, require or specify:

Section 63ZA (Variation of senior manager’s approval at request of relevant

authorised person)

Section 63ZB (Variation of senior manager’s approval on initiative of regulator)

Glossary

AIFMD Delete link http://eur-

lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:174:0001:0073:EN:PDF

Insert: http://eur-lex.europa.eu/legal-

content/EN/TXT/?qid=1459782913431&uri=CELEX:32011L0061

Handbook

Text Change

Request 13.05.16

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Handbook reference

Text of change made Reason for change

Published date of change

AIFMD

level 2 regulation

Delete link http://eur-

lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:083:0001:0095:en:PDF

Insert:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0231

SYSC

18.1.1AA

Amended in accordance with FCA 2015/46:

Firms are reminded that for the purpose of SYSC 18 (except for SYSC 18.3.9G) “firm” has the

specific meaning set out in paragraph (8) of that definition in the Glossary, namely:

"(a) a UK relevant authorised person except a small deposit taker; and

(b) a firm as referred to in Chapter 1.1 of the PRA Rulebook: Solvency II Firms: Whistleblowing

Instrument 2015.”

Administrative

change 17.05.16

LR 8.6.12 Designation changed to G for versions before 1 February 2015. Administrative

change 13.06.16

SYSC 1 Annex

1

Amended in accordance with FCA 2011/39:

SYSC 6.1.4-A G

Not

applicable

Not applicable Guidance

Administrative

change 15.06.16

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Handbook reference

Text of change made Reason for change

Published date of change

SYSC 6.1.6 Designation changed from R to G in accordance with FSA 2008/40. Administrative

change 15.06.16

Glossary term

‘insurance

sector’

Amended in accordance with FCA 2016/28:

a sector composed of one or more of the following entities:

(a) “Solvency II undertaking” as defined in the PRA Rulebook: Glossary;

Administrative

change 16.06.16

GENPRU 3.2.2

Amended in accordance with FCA 2016/28:

GENPRU 3.2 implements in part article 18 of the Financial Groups Directive, and article 127 of the

CRD and (in relation to BIPRU firms) article 143 of the BCD.

Administrative

change 16.06.16

COBS 9.4.10

Amended in accordance with FCA 2016/30:

When a firm is making a personal recommendation to a retail client about income withdrawals or

purchase of of short-term annuities or

Administrative

change 16.06.16

COBS 19.7.4

Amended in accordance with FCA 2016/30:

(2) If the retail client has not yet decided what to do, the firm should consider whether it is required

to signpost

Administrative

change 16.06.16

GENPRU 3

Annex Designated as G as per FSA 2006/40.

Administrative

change 16.06.16

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Handbook reference

Text of change made Reason for change

Published date of change

SYSC 5 Annex

1

Amended in accordance with FCA 2016/1:

SYSC 5 Annex 1 Examples of how the temporary UK role rule in SYSC 5.2.28A (the 1430-

day rule) works

Administrative

change

16.06.16

Glossary term

‘regulatory

information

service or

RIS’

Amended in accordance with FCA 2014/9:

(b) … of the TD implementing Directive; or

(c) a person to whom DTR TP 1.22 applies, for as long as DTR TP 1.22 remains in force.

Administrative

change

15.07.16

GENPRU 1.3.3

Amended in accordance with FSA 2006/40:

(2) In the case of an insurer, GENPRU 1.3.4 R implements the requirements of Articles 23.3(viii)

and 24.2(iv) of the Consolidated Life Directive.

Administrative

change 15.07.16

SUP 17.2.3A

Hyperlink url changed:

The regulated markets and MTFs that report transactions undertaken on their systems to

the FCA are listed on the FCA's website at: http://www.fca.org.uk/firms/systems-

reporting/transaction-reporting/liffe-feed www.fca.org.uk/markets/transaction-reporting/ice-

futures-europe-form.

Hyperlink

change 15.07.16

FEES 3.2.7

Amended in accordance with FCA 2013/51:

Administrative

change 25.07.16

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Handbook reference

Text of change made Reason for change

Published date of change

(d) Applicants for an authorisation order for, or

recognition under section 272 of the Act of, a collective

investment scheme

FEES 3

Annex 2R,

part 2

On or before the

application is made

(e) The management company of a scheme

making a notification under section 264 of the Act

FEES 3 Annex

2R, part 3

On or before the date

the application is made

GENPRU 2

Annex 5

Amended in accordance with FCA 2013/76:

Capital resources table for a BIPRU investment firm deducting illiquid assets

Administrative

change 25.07.16

GENPRU 2

Annex 6

Amended in accordance with FCA 2013/76:

Capital resources table for a BIPRU investment firm with a waiver from

consolidated supervision

Administrative

change 25.07.16

BIPRU 8.4.4

Amended in accordance with FSA 2006/41:

(2) the FCA is satisfied that each BIPRU firm in the UK consolidation group or non-EEA sub-

Administrative

change 25.07.16

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Handbook reference

Text of change made Reason for change

Published date of change

group will be able to meet its capital requirements using the calculation of capital

resources in GENPRU 2 Annex 6R (Capital resources table for a BIPRU firm with a waiver from

consolidated supervision); and

BIPRU 8.4.12

Amended in accordance with FSA 2006/41:

(1) the capital resources are the sum of capital resources calculated at stages D (Total tier one

capital before deductions) and I (Total tier two capital) of the version of the capital resources

table in GENPRU 2 Annex 4R (Capital resources table for a BIPRU firm deducting material

holdings) as adjusted in accordance with this rule;

Administrative

change 25.07.16

Glossary term

‘regulated

mortgage

contract’

Amended in accordance with FCA 2015/18:

(a)(i)(B) the obligation of the borrower to repay is secured by a mortgage on land in the EEA, at

least 40% of which is used, or is intended to be used, in the case of credit provided to an individual,

as or in connection with a dwelling; or (in the case of credit provided to a trustee who is not an

individual) as or in connection with a dwelling1 by an individual who is a beneficiary of the trust, or

by a related person.

Administrative

change 25.07.16

Glossary term

‘client money

rules’

Amended in accordance with FCA 2014/36:

(3) (in CASS 3, CASS 6, CASS 7, CASS 7A, COBS and FEES) CASS 7.10 to 7.19.

Administrative

change 28.07.16

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Handbook reference

Text of change made Reason for change

Published date of change

SYSC 5.2.30 Amended in accordance with FCA 2015/31:

(5) Functions requiring qualifications SYSC 5.2.39R

(6) Managers of certification employees SYSC 5.2.41R

(7) Material risk takers SYSC 5.2.42R

Administrative

change 03.08.16

SUP 13 Annex

7

This annex consists of only one or more forms. Forms can be completed online now by

visiting http://www.fca.org.uk/firms/systems-reporting/ona www.fca.org.uk/firms/connect

Handbook

Text Change

Request 05.08.16

PERG 4.5.11

(2) an appointed representative who is appointed to carry on a regulated activity specified in article

25A or article 53A of the Regulated Activities Order; introducers can check the status of

an appointed representative by visiting the FCA's register at www.fca.org.uk/firms/systems-

reporting/register www.fca.org.uk/firms/financial-services-register; the FCA would normally expect

introducers to request and receive confirmation of the regulated activities that the appointed

representative is appointed to carry on, prior to proceeding with an introduction; and

Handbook

Text Change

Request 05.08.16

MCOB 6A.5.1

(4) if not provided previously:

(b) (iii) confirmation that the customer can check the Financial Services Register on

the FCA's website www.fca.org.uk/firms/systems-

reporting/register www.fca.org.uk/firms/financial-services-register or by contacting the FCA on

0800 111 6768.

Handbook

Text Change

Request 05.08.16

MCOB 6.5.6

(4) if not provided previously: Handbook

Text Change 05.08.16

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Handbook reference

Text of change made Reason for change

Published date of change

(b) (iii) confirmation that the customer can check the Financial Services Register on

the FCA's website www.fca.org.uk/firms/systems-

reporting/register www.fca.org.uk/firms/financial-services-register or by contacting the FCA on

0800 111 6768.

Request

COLLG 1A.1.6

(3) The FCA maintains a public register of persons who have a permission to carry on a regulated

activity. The register also contains details of all regulated collective investment schemes and it can

be consulted on the FCA's website at www.fca.org.uk/firms/systems-reporting/register

www.fca.org.uk/firms/financial-services-register.

Handbook

Text Change

Request 05.08.16

PROF 7.1.8

The Financial Services Register can be accessed through the FCA website under the link

www.fca.org.uk/firms/systems-reporting/register www.fca.org.uk/firms/financial-services-register.

Handbook

Text Change

Request 05.08.16

PERG 8.17.13

Introducers can check whether a person is an authorised person or an appointed representative by

visiting the FCA's register at www.fca.org.uk/firms/systems-reporting/register

www.fca.org.uk/firms/financial-services-register. If an authorised person has permission to carry on

a regulated activity (which can be checked on the FCA's register) it is reasonable, in the FCA's view,

to conclude that the authorised person carries on that activity (but not a controlled activity which is

not a regulated activity).

Handbook

Text Change

Request 05.08.16

PERG 2.2.5

The process of applying for Part 4A permission is available on the FCA website How do I get

authorised: http://www.fca.org.uk/firms/about-authorisation/getting-authorised Apply for

authorisation: www.fca.org.uk/firms/authorisation/apply-authorisation. But a list of the activities

for which permission may be given is annexed to this chapter (see PERG 2 Annex 2 G).

Handbook

Text Change

Request 05.08.16

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Handbook reference

Text of change made Reason for change

Published date of change

PERG 5.2.3

If a person gets as far as question (8) and the answer to that question is "no", that person

requires authorisation and should refer to the FCA website “How do I get authorised”:

http://www.fca.org.uk/firms/about-authorisation/getting-authorised “Apply for authorisation”:

www.fca.org.uk/firms/authorisation/apply-authorisation for details of the application process.

Handbook

Text Change

Request 05.08.16

PERG 4.2.3

If a person gets as far as question (8) and the answer to that question is 'no', that person

requires authorisation and should refer to the FCA website “How do I get authorised”:

http://www.fca.org.uk/firms/about-authorisation/getting-authorised “Apply for authorisation”:

www.fca.org.uk/firms/authorisation/apply-authorisation for details of the application process.

Handbook

Text Change

Request 05.08.16

SUP 13A.1.2

(1) an EEA firm that wishes to carry on in the United Kingdom activities which are outside the scope

of its EEA right and the scope of a permission granted under Schedule 4 to the Act; in this case

the EEA firm requires a "top-up permission" under Part 4A of the Act (see the appropriate UK

regulator's website http://www.fca.org.uk/firms/about-authorisation/getting-

authorised www.fca.org.uk/firms/authorisation/apply-authorisation for the FCA and

www.bankofengland.co.uk/pra/Pages/authorisations/newfirm/default.aspx for the PRA); or

Handbook

Text Change

Request 05.08.16

SUP 13A.7.1

to carry on a particular regulated activity in the United Kingdom, it must seek Part 4A

permission from the appropriate UK regulator to do so (see the appropriate UK

regulator'swebsite: http://www.fca.org.uk/firms/about-authorisation/getting-

authorised www.fca.org.uk/firms/authorisation/apply-authorisation for the FCA and

www.bankofengland.co.uk/pra/Pages/authorisations/newfirm/default.aspx for the PRA).

Handbook

Text Change

Request 05.08.16

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Handbook reference

Text of change made Reason for change

Published date of change

COLL 1A.1.6

(1) The FCA website page "How do I get authorised?"http://www.fca.org.uk/firms/about-

authorisation/getting-authorised “Apply for authorisation”

https://www.fca.org.uk/firms/authorisation/apply-authorisation gives guidance on how to apply to

the FCA for a Part 4A permission. This authorisation is different to the authorisation of an AUT or

an ICVC, as referred to in COLLG 1A.1.4 G and COLLG 1A.1.5 G respectively.

Handbook

Text Change

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SUP 10A

Annex 6

This annex consists of only one or more forms. Forms can be completed online now by

visiting: http://www.fca.org.uk/firms/about-authorisation www.fca.org.uk/firms/authorisation

Handbook

Text Change

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SUP 12 Annex

3

This annex consists of only one or more forms. Forms can be completed online now by

visiting: http://www.fca.org.uk/firms/about-authorisation www.fca.org.uk/firms/authorisation

Handbook

Text Change

Request 05.08.16

SUP 12 Annex

4

This annex consists of only one or more forms. Forms can be completed online now by

visiting: http://www.fca.org.uk/firms/about-authorisation www.fca.org.uk/firms/authorisation

Handbook

Text Change

Request 05.08.16

SUP 12 Annex

5

This annex consists of only one or more forms. Forms can be completed online now by

visiting: http://www.fca.org.uk/firms/about-authorisation www.fca.org.uk/firms/authorisation

Handbook

Text Change

Request 05.08.16

REC 6.2.3

Applicants for authorised person status should refer to the FCA website "How do I get authorised":

http://www.fca.org.uk/firms/about-authorisation “Authorisation”:

www.fca.org.uk/firms/authorisation.

Handbook

Text Change

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FCA UNRESTRICTED

Page 18 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

TC 2.1.33

The Retail Investment Adviser Competence Notification Form approved by the FCA for notifications

under TC 2.1.31 R may be found at the FCA's website www.fca.org.uk/firms/being-

regulated/approved/notification-of-competence www.fca.org.uk/firms/approved-persons.

Handbook

Text Change

Request 05.08.16

PERG 1.5.1

(8) guidance about the position under the Insurance Mediation Directive and the Regulated

Activities Order of property managing agents - www.fca.org.uk/firms/firm-

types/intermediaries/property-managing-agents www.fca.org.uk/firms/insurers-insurance-intermediaries;

Handbook

Text Change

Request 05.08.16

ICOBS 8.4.10

(3) In order to assist firms with their obligations under these rules the FCA has agreed to publish on

its website at http://www.fca.org.uk/consumers/financial-services-products/insurance/employers-

liability www.fca.org.uk/consumers/employers-liability-insurance a list of persons providing tracing

office facilities which have published the directors' certificate and independent assurance report referred to in ICOBS 8.4.9R (7).

Handbook

Text Change

Request 05.08.16

SYSC 17.3.4

The approved reporting mechanisms are listed on the FCA's website

at:http://www.fca.org.uk/firms/systems-reporting/transaction-reporting/approved-reporting-

mechanisms www.fca.org.uk/markets/transaction-reporting/approved-reporting-mechanisms.

Handbook

Text Change

Request 05.08.16

COLL 5A.1.3

(4) However, an authorised fund manager of such a scheme can choose to produce an equivalent

document to the key investor information document, which is referred to as a NURS-KII document,

by applying for a modification by consent (see http://www.fca.org.uk/firms/being-regulated/waiver/waiver-by-consent www.fca.org.uk/firms/waivers-modifications/consent).

Handbook

Text Change

Request 05.08.16

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Page 19 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

SUP 13 Annex

1

This annex consists of only one or more forms. Forms can be completed online now by visiting:

http://www.bankofengland.co.uk/pra/Pages/authorisations/passporting/notifying.aspx for a PRA-

authorised person or http://www.fca.org.uk/firms/being-regulated/passporting/notification-

forms www.fca.org.uk/firms/passporting for an FCA-authorised person.

Handbook

Text Change

Request

05.08.16

SUP 11.3.7A

The controllers forms approved by the appropriate regulator may be found at the appropriate

regulator's website http://www.fca.org.uk/firms/being-regulated/change-in-control/section-178

www.fca.org.uk/firms/change-control

Handbook

Text Change

Request 05.08.16

SUP 17.2.3A

The regulated markets and MTFs that report transactions undertaken on their systems to

the FCA are listed on the FCA's website at: http://www.fca.org.uk/firms/systems-

reporting/transaction-reporting/ice-feed www.fca.org.uk/markets/transaction-reporting/ice-futures-

europe-form.

Handbook

Text Change

Request 05.08.16

LR 1.2.6

The Financial Conduct Authority

25 The North Colonnade

Canary Wharf

London, E14 5HS

Tel: 020 7066 8333

http://www.fca.org.uk/firms/markets/ukla

www.fca.org.uk/markets/ukla

Handbook

Text Change

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05.08.16

SYSC

19D.3.30

[Note: In addition to the guidance in this section on the Remuneration Principle 8 (Profit-based

measurement and risk adjustment), the FSA gave guidance on the application of the requirements

on risk adjustments. This guidance is available on the FCA website at

https://www.fca.org.uk/firms/being-regulated/remuneration-codes

www.fca.org.uk/firms/remuneration.]

Handbook

Text Change

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FCA UNRESTRICTED

Page 20 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

SYSC 19C.3.3

[Note: In addition to the guidance in this section which relates to the BIPRU remuneration

principles proportionality rule, the FCA has published guidance on the operation of the BIPRU

remuneration principles proportionality rule. This guidance is available at

http://www.fca.org.uk/firms/markets/international-markets/remuneration-code

www.fca.org.uk/firms/remuneration.]

Handbook

Text Change

Request 05.08.16

SYSC 19C.3.6

[Note: The FCA has published guidance on the application of particular rules on

remuneration structures in relation to individuals who are BIPRU Remuneration Code staff for only

part of a given performance year. This guidance is available at

http://www.fca.org.uk/firms/markets/international-markets/remuneration-code

www.fca.org.uk/firms/remuneration.]

Handbook

Text Change

Request 05.08.16

SYSC

19C.3.34

[Note: The FCA has published guidance on the application of certain rules on remuneration

structures in relation to individuals who are BIPRU Remuneration Code staff for only part of a given

performance year. This guidance is available at http://www.fca.org.uk/firms/markets/international-

markets/remuneration-code www.fca.org.uk/firms/remuneration.]

Handbook

Text Change

Request 05.08.16

SYSC 18.2.2

(3) (b) The FCA will give priority to live concerns or matters of recent history, and will emphasise

that the worker's first port of call should ordinarily be the firm (see Frequently Asked Questions

on http://www.fca.org.uk/site-info/contact/whistleblowing/faq

www.fca.org.uk/firms/whistleblowing).

Handbook

Text Change

Request 05.08.16

FEES 4 Annex

1A

Amended in accordance with FCA 2015/35:

Principle Principal benchmark administrators

Administrative

change 25.08.16

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Page 21 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

FEES 6 Annex

2

Designated a rule in accordance with FSA 2007/60.

Administrative

change 25.08.16

APER 4.4.3

Amended in accordance with FCA 2015/43:

In the opinion of the, FCA, conduct…

Administrative

change 25.08.16

APER 4.1.4

(12) destroying, or causing the destruction of, documents (including false documentation), or tapes

or their contents, relevant to misleading (or attempting to mislead) a client, his firm, or the FCA or

PRA.

Administrative

change 25.08.16

INSPRU 1.5.1

Amended in accordance with FCA 2015/16:

INSPRU 1.5 applies to an insurer except any insurer in (1) to (3):

(1)

(a) non-directive friendly societies; or

(b) Solvency II firms;

(2) none of the provisions, apart from INSPRU 1.5.33 R (payment of financial penalties), apply to

firms which qualify for authorisation under Schedule 4 of the Act;

(3) INSPRU 1.5.33 R (payment of financial penalties) does not apply to mutuals.

Administrative

change 20.09.16

Glossary term

‘limited

partnership

scheme’

In force date changed from 23 July 2099 to 1 July 2013 in accordance with FCA 2013/50. Administrative

change 03.10.16

FUND 10

Annex 1

This annex consists of one or more forms. Forms can be completed online by visiting

http://www.fca.org.uk/firms/markets/international-markets/aifmd/nppr

https://www.fca.org.uk/firms/nppr

Handbook

Text Change

Request 12.10.16

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FCA UNRESTRICTED

Page 22 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

COBS 1.1

Hyperlink in the editorial note changed to:

https://www.esma.europa.eu/sites/default/files/library/2015/11/2012-387_en.pdf

Hyperlink

change 09.11.16

Glossary

Hyperlink removed from ‘qualifying investment’ in the following Glossary terms:

cash component

cash deposit ISA

insurance component

mini-ISA

maxi-ISA

stocks and shares component

Handbook

Text Change

Request 11.11.16

IPRU-INV

13.13.2

Amended in accordance with FCA 2015/57:

(A) (B) (C)

Type of firm Applicable percentage

of annual income

(1) Exempt CAD firm 5%

(2) Category B1 firm 10%

(3) Category B2 firm 10%

(4) Category B3 firm which is

permitted to carry on the

activity of managing

investments in respect of

portfolios containing only life

policies or to delegate such

activity to an investment firm

10%

(5) Category B3 firm not in (4) 5%

Administrative

change 16.11.16

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Handbook reference

Text of change made Reason for change

Published date of change

As below Hyperlinks changed as detailed below. Hyperlink

changes 17.11.16

Reference Old hyperlink New hyperlink

PERG 1.5.1G(10)

http://www.fca.org.uk/your-fca/documents/broker-arranged-premium-finance-plans

https://www.fca.org.uk/firms/general-insurance-brokers-commercial-customers/

MAR 7.2.13G

http://mifiddatabase.esma.europa.eu https://registers.esma.europa.eu/publication/searchRegister?core=esma_registers_mifid_sha

www.fca.org.uk delete

CONRED 2 Annex 14

http://www.apcims.co.uk/private-investor-indices/about-the-indices/ http://www.thewma.co.uk/private-investor-indices/

http://www.investmentfunds.org.uk/fund-sectors/sector-definitions/ http://www.theinvestmentassociation.org/fund-sectors/sector-definitions.html

Fin

ancia

l Crim

e G

uid

e p

art

1

x3 http://www.ico.gov.uk https://ico.org.uk/

at glossary

http://www.actionfraud.police.uk/home http://www.actionfraud.police.uk/

at glossary

http://www.fsa.gov.uk/consumerinformation/scamsandswindles/investment_scams/land_banking

https://www.fca.org.uk/consumers/land-banking-investment-schemes

at glossary

http://www.fsa.gov.uk/pages/About/What/financial_crime/money_laundering/3mlaaauthorised/index.shtml

http://www.fsa.gov.uk/pages/About/What/financial_crime/money_laundering/3mld/authorised/index.shtml

at glossary

www.fsa.gov.uk/consumerinformation/scamsandswindles/investment_scams/carbon_credit

https://www.fca.org.uk/consumers/carbon-credit-trading

at 3.5

http://www.fca.org.uk/firms/being-regulated/meeting-your-obligations/firm-guides

https://www.fca.org.uk/firms/financial-crime/money-laundering-terrorist-financing

at 3.7

http://www.wolfsberg-principles.com/pdf/

http://www.wolfsberg-principles.com/pdf/standards/Wolfsberg_NYCH_Statement_on_Payment_Message_Standards_(2007).pdf

at 4.4

http://www.fca.org.uk/about/what/protecting/financial-crime/fraud/mortgage

https://www.fca.org.uk/firms/fraud/report-mortgage-fraud-lenders

at 4.5

www.actionfraud.org.uk www.actionfraud.police.uk

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FCA UNRESTRICTED

Page 24 of 25 December 2016

Reference Old hyperlink New hyperlink

at 4.5

http://www.homeoffice.gov.uk/publications/agencies-public-bodies/nfa/fightrging-fraud-tog/fighting-fraud-together

https://www.gov.uk/government/publications/nfa-fighting-fraud-together

at 4.5

http://www.cityoflondon.police.uk/CityPolice/Departments/ECD/Fraud/

https://www.cityoflondon.police.uk/advice-and-support/fraud-and-economic-crime/Pages/default.aspx

at 5.3

http://www.fca.org.uk/firms/being-regulated/meeting-your-obligations/firm-guides/information-gathering/data-security

https://www.fca.org.uk/firms/financial-crime/data-security

at 6.5

http://www.fca.org.uk/firms/being-regulated/meeting-your-obligations/firm-guides/systems/anti-bribery

https://www.fca.org.uk/firms/financial-crime/bribery-corruption

at 6.5, glossary

http://www.justice.gov.uk/downloads/guidance/making-reviewing-law/bribery-act-2010-guidance.pdf

http://webarchive.nationalarchives.gov.uk/20140102181807/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181762/bribery-act-2010-guidance.pdf

at 6.5

http://www.justice.gov.uk/downloads/guidance/making-reviewing-law/bribery-act-2010-quick-start

http://webarchive.nationalarchives.gov.uk/20140102181807/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181764/bribery-act-2010-quick-start-guide.pdf

at 7.5

http://www.hm-treasury.gov.uk/fin_sanctions_afu.htm https://www.gov.uk/government/organisations/office-of-financial-sanctions-implementation

at 7.5

http://www.fca.org.uk/static/fca/documents/fas-sanctions2.pdf https://www.fca.org.uk/firms/financial-crime/financial-sanctions

at 7.6

http://www.nationalcrimeagency.gov.uk/publications/46-guidelines-for-counter-proliferation-financing-reporting/file

http://www.nationalcrimeagency.gov.uk/publications/514-guidelines-for-counter-proliferation-financing-reporting-1/file

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Page 25 of 25 December 2016

Handbook reference

Text of change made Reason for change

Published date of change

ICOBS 1

Annex 1

Amended in accordance with FSA 2007/67:

The rules in this sourcebook within the Directive's scope are those regarding the appointment of

claims representatives and handling of claims by injured parties (see ICOBS 8.4 8.2).

Administrative

change 21.11.16

CASS 7A.2.3B

Amended in accordance with FCA 2014/36:

CASS 7A.2.7 R (Client money received after the failure of the firm) does not apply to the proceeds

under CASS 7A.2.3A R.

Administrative

change 23.11.16

IPRU-INV

13.1A.4

The editorial note is amended as follows:

[Note: Article 67(3) of MiFID and article 31(2) of the CRD (see also rule 13.1.4(2)(c) 13.1.12)]

Administrative

change 12.12.16

This document is no longer updated and is the complete record of non-legal changes for 2016.

If you have any comments on this list please email [email protected].


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