Amendments To Various Forms CP35/15 CP35 Cp3515
User Manual: CP35
Open the PDF directly: View PDF 
.
Page Count: 19
Amendments to Various Forms
Consultation Paper
FC A CP15/29**
PR A CP35/15
18 September 2015
© Financial Conduct Authority 2014
25 The North Colonnade Canary Wharf London E14 5HS
Telephone: +44 (0)20 7066 1000
Website: www.fsa.gov.uk
All right reserved
FCA and PRA
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015September 2015
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
Contents
Abbreviations used in this document 3
1 Overview 4
2 Amendments to various forms 6
Annex
1 FCA Cost benefit analysis 8
2 PRA Cost benefit analysis 9
3 FCA Compatibility statement 10
4 PRA Compatibility statement 12
5 List of questions 14
Appendix 1 Forms amended with immediate effect under powers of direction
Part 1: Shared FCA/PRA Forms amended by direction or requirement with effect from 18th September 2015
1 Long Form A – UK Firms (Relevant Authorised Persons only)
2 Long Form A – Solvency II firms only
3 Long Form A – UK and Overseas Firms (not Incoming EEA)
4 Long Form A – Incoming EEA only
5 Application for Authorisation Controllers appendices – Partnership
6 Application for Authorisation Controllers appendices – Individual
7 Application for Authorisation Controllers appendices – Corporate
8 Application for Authorisation – Disclosure of significant events appendix
9 Notification for Change in Controller (Section 178 notice) – Partnership
10 Notification for Change in Controller (Section 178 notice) – Individual
11 Notification for Change in Controller (Section 178 notice) – Corporate
12 Notification for Change in Controller (Section 178 notice) – Intragroup transactions
FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 2015September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
Appendix 1 Forms amended with immediate effect under powers of direction (continued)
Part 2: FCA Forms amended by direction or requirement with effect from 18th September 2015
1 Sole Trader Appendix
2 PSD Individual Form: Application Form for an individual responsible for the management of
a Payment Institution
3 Application for a Payment Institution Qualifying Holding (Controller) – Individual Form
4 Application for a Payment Institution Qualifying Holding (Controller) – Corporate Form
5 Application for a Payment Institution Qualifying Holding (Controller) – Partnership Form
6 Notification for a ‘Change in Qualifying Holding’ Individual (Controller) Form for a Payment
Institution
7 Add a PSD agent form: Application under regulation 29 of The Payment Services
Regulations 2009
8 Application Form for an individual responsible for the management of an Electronic Money
Institution
9 Application for Authorisation as an Authorised Electronic Money Institution Qualifying
holding (Controller) Individual
10 Application for Authorisation as an Authorised Electronic Money Institution Qualifying
holding (Controller) Corporate
11 Application for Authorisation as an Authorised Electronic Money Institution Qualifying
holding (Controller) - partnership
12 Add an EMD Agent Form: Application under regulation 34 of the Electronic Money
Regulations 2011
13 Application for Registration as a Small Electronic Money Institution (SEMI) form
14 Form 272: Application for an order declaring an overseas collective investment scheme to
be recognised in the UK
15 Application for registration as a consumer buy-to-let mortgage firm
FCA and PRA
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015FCA and PRA
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
Appendix 2 Draft Handbook text and PRA Rulebook text – proposed changes to forms made under
rulemaking powers
This Appendix contains the following draft rules (in Parts One to Three) amending forms. Those
amendments are the subject of this CP.
Part One: Draft FCA instrument amending Forms D and F;
Part Two: Draft PRA Handbook Instrument amending Form D;
Part Three: Draft PRA Rulebook Instrument amending Forms D, F and M.
2FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 2015
The Bank of England and the Prudential Regulation Authority (PRA) reserve the right to publish any
information which it may receive as part of this consultation.
Information provided in response to this consultation, including personal information, may be
subject to publication or release to other parties or to disclosure, in accordance with access to
information regimes under the Freedom of Information Act 2000 or the Data Protection Act 1998
or otherwise as required by law or in discharge of our statutory functions.
Please indicate if you regard all, or some of, the information you provide as confidential. If the Bank
of England or the PRA receives a request for disclosure of this information, the Bank of England or
the PRA will take your indication(s) into account, but cannot give an assurance that confidentiality
can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your
IT system on emails will not, of itself, be regarded as binding on the Bank of England and the PRA.
This Consultation Paper proposes changes to the PRA Rulebook.
Please address responses, comments or enquiries by 19October 2015 to:
CP35/15@bankofengland.co.uk
We are asking for comments on this Consultation Paper by 19October 2015.
You can send them to us in writing to:
Richard Johnson
Strategy and Competition Division
Financial Conduct Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Telephone: 020 7066 4834
Email: cp15-29@fca.org.uk
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.
FCA and PRA 3
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
Abbreviations used in this document
Abbreviations used in this document
CBA Cost benefit analysis
CP Consultation paper
FCA Financial Conduct Authority
FSMA Financial Services and Markets Act 2000
PRA Prudential Regulation Authority
SIMR Senior Insurance Managers Regime
SMR Senior Managers Regime
4FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 2015September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
4
1.
Overview
1 Overview
1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), together
‘the regulators’, are introducing a new accountability regime for deposit-takers, insurers and
PRA-designated investment firms.
1.2 As part of implementing the new regime, the regulators have consulted on amendments to a
series of forms used by firms and individuals relating to regulatory approval for certain roles.
During this exercise, we received feedback regarding the necessity of some of the questions
asked in these forms.
1.3 Reflecting on that feedback, this paper sets out proposed amendments to two forms for the
new regime and to two forms used in the current Approved Persons Regimes. These changes
alter the questions to ensure we only require necessary disclosures from those we regulate,
while ensuring the regulators remain able to properly assess the fitness and propriety of those
we are required to approve.
Who does this consultation affect?
1.4 This paper will be of interest to all FCA and PRA-authorised firms and individual candidates for
approval as approved persons, notified non-executive directors and key function holders.
Is this of interest to consumers?
1.5 This paper will primarily be of interest to firms.
Competition
1.6 The regulators do not consider these amendments are likely to have any adverse impact on
effective competition.
Equality and diversity considerations
1.7 The regulators do not believe that the proposals in this paper introduce any adverse effects on
any protected characteristics as the same questions will be asked of all applicants regardless
of their background or circumstances. However, as with the whole consultation, we welcome
feedback on this.
FCA and PRA 5
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015FCA and PRA 5
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
Next steps
What do you need to do next?
1.8 The regulators want to know what you think of our proposals. Please send us your comments
by 19October 2015.
How?
1.9 Please send your responses to both regulators at the following addresses:
CP35/15@bankofengland.co.uk
cp15-29@fca.org.uk
Next Steps
1.10 The regulators will consider your feedback and intend to publish our rules adopting the revised
forms in a policy statement before the end of 2015.
6FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 20156September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
2.
Amendments to various forms
2 Amendments to various forms
2.1 As part of introducing the new accountability regimes, the regulators have consulted on a
series of consequential amendments to the forms used by firms and individuals in relation to
roles that require pre-approval from us.
2.2 Large sections of the forms were not altered by these consultations as they were unaffected
by the Senior Managers (SMR) or Senior Insurance Managers (SIMR) Regimes. This included
questions contained in a series of forms relating to the fitness and propriety of prospective
candidates1 for roles requiring pre-approval. We received feedback that some questions sought
unnecessary disclosure from firms and candidates.
2.3 We have considered this feedback and propose to alter the relevant questions in those forms
accordingly. As these questions are asked in a wide range of forms, we consider it appropriate
to make these changes wherever the relevant questions are asked. This includes forms relating
to the approved persons regime, sole traders, change in control and e-money, funds and
payment services firms.
2.4 For some SMR and SIMR forms effective from 7March 2016, this involves reinstating questions
that were removed as part of the initial response to previous consultations on the new regimes.
The questions are being reinstated as the regulators consider them necessary in order to
assess fitness and propriety. The reinstated questions use revised wording that reduces the
scope of the current regulatory requirement on firms and individuals. The regulators plan to
issue guidance notes to firms, later in the year, on how to complete the revised forms for the
SMR and SIMR (this will include, for example, guidance on how to interpret question 5.01.5d,
requested by some insurance firms).
2.5 A substantial majority of the forms containing questions relating to fitness and propriety are
shared forms made under the regulators’ powers of direction under FSMA. Where forms are
made under such powers, there is no statutory duty on the regulators to consult when changing
them. The regulators have today made changes to those forms under a power of direction with
immediate effect. These changes respond to the feedback received to previous consultations,
harmonise the disclosure across firms and, in contrast to versions of the forms used by firms
and candidates currently, reduce the scope of the information sought. The revised questions
are more targeted to ensure that the regulators are aware of any ongoing investigations and
any past convictions (whether or not spent) that are not protected under the Rehabilitation of
Offenders Act.
2.6 Please see Appendix 1 to this paper for the forms made today by the regulators.
2.7 In practice many firms access these forms online. Accordingly, we have also changed the online
versions. These changes may take a few days to take effect in the system.
1 See e.g. section 5 of Long Form A - UK Firms (Relevant Authorised Persons only) Approval to perform senior management functions.
FCA and PRA 7
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015FCA and PRA 7
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
2.8 There are also two shared forms, and a PRA-only form, made under rulemaking powers that
contain questions that mirror the questions in the forms amended today. Where forms are
made under rulemaking powers, there is a statutory requirement on the regulators to consult
on any proposed changes to them. The regulators will review the directions made today in light
of the responses to this consultation, but on balance considered that it was in the interest of
candidates and firms to amend the forms made under the directions power first, and then to
consult on similar amendments to the following forms made under rulemaking powers. The
forms are as follows:
• Form D is a shared form used by rms to notify the regulators of any changes in circumstances
for approved persons.
• Form F is a shared form and relates to overseas rms.
• Form M is a PRA-only form that applies from 7March 2016 and relates to the appointment
of Non-Executive Directors and Key Function Holders.
2.9 We believe the proposed changes to these forms are straightforward and so we are consulting
for a period of one month. Appendix 2 contains the proposed changes to Forms D, F and M.
2.10 If firms are submitting a Form D or F to the regulators online before the publication of our final
policy they will see that the wording will reflect the position we are consulting on. Should firms
be submitting these forms in this period on paper, they should answer the relevant questions
as if they were phrased as we propose in the appendices to this paper. If firms are at all unsure
about this, they can contact the regulators via the contact details in this consultation paper and
we will assist them.
2.11 Please note that the amendments made today to Long Form A, and those proposed to Form M,
will also be relevant to equivalent forms for non-Solvency II insurance firms, which are currently
subject to open consultation.2 Accordingly, we welcome feedback from these firms on the
proposed changes for the full duration of this consultation.
2.12 The regulators may conduct a fuller review of the disclosures sought through the forms in
their respective rulebooks. This review may lead to future amendments or consultations, as
appropriate (including as a response to the Fair and Effective Markets Review report).
Q1: Do you agree with the FCA and PRA’s proposed
amendments to the questions in Forms D and F?
Q2: Do you agree with the PRA’s proposed amendments to
the questions in Form M?
2 Please see PRA CP26/15 and FCA CP 15/25 – which close on 12October 2015.
8FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 20158September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
Annex 1:
FCA Cost benefit analysis
Annex
1 FCA Cost benefit analysis
1. FSMA, as amended by the Financial Services Act 2012, requires us to publish a cost benefit
analysis (CBA) of our proposed rules. Specifically, section 138l requires us to publish ‘an analysis
of the costs, together with an analysis of the benefits’ that will arise if the proposed rules are
made. It also requires us to include estimates of those costs and benefits, unless they cannot
reasonably be estimated or it is not reasonably practicable to produce an estimate.
Market failure analysis
2. The potential failure in the market that we are seeking to address is a regulatory issue. It stems
primarily from the requirement on firms to disclose information as part of the application
process associated with becoming a controlled function, or as part of certain transaction. The
current requirements are broader than is necessary.
Compliance costs for rms
3. We believe that the costs to firms of these proposals will be negligible and may even represent
a slight overall reduction. The amended questions narrow the scope of disclosures, which
should make the forms simpler for firms and individuals to complete.
FCA costs
4. We believe there will be negligible costs to the FCA incurred by these proposals, and possibly
a slight reduction. The amended questions ensure only necessary disclosure, making the
authorisations process more efficient.
Benets
5. These proposals should ensure only necessary disclosures are made by firms when completing
forms for the approval of individuals or transactions by the regulators. Firms will have a narrower
range of potential information to consider reducing the associated burden of sourcing required
data. In addition, only necessary disclosures will be received by the FCA, thereby enabling more
efficient assessment of the information submitted.
6. The proposals support the overall aim of ensuring appropriate standards of conduct from
individuals in important roles in financial services firms, by improving the FCA’s assessment
of the fitness and propriety of these individuals. We may review the questions in future to
consider if there is a need to introduce additional changes.
FCA and PRA 9
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015FCA and PRA 9
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
Annex 2:
PRA Cost benefit analysis
2 PRA Cost benefit analysis
1. The PRA is required to perform an analysis of the economic impact in respect of proposed rule
amendments.
Compliance costs for rms
2. The PRA believe that the costs to firms of these proposals are negligible, if not they represent
a slight overall reduction. Focusing the questions in the relevant forms narrows the scope of
disclosures, which should make the forms simpler for firms and individuals to complete.
PRA costs
3. The PRA believe there will be negligible costs to the regulators incurred by these proposals,
and possibly a slight reduction. Focusing the questions in the forms means that any disclosures
made in response to them will better align with the information the PRA needs to make its
decisions.
Benets
4. These proposals should focus the disclosures made by firms when completing forms for the
approval of individuals or transactions by the regulators. Altering the disclosures sought in the
manner proposed should bring about benefits for both firms, who will have a narrower range
of potential information to consider, and the PRA, who will receive answers that better align
with the information needed to make the relevant decisions.
5. The PRA is not of the view that amendments being made will reduce the PRA’s ability to make
appropriate assessment of the fitness and propriety of these individuals. The PRA and FCA may
review the questions in future to consider if there is a need to introduce additional changes.
10 FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 201510 September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
Annex 3:
FCA Compatibility statement
3 FCA Compatibility statement
Compatibility with the FCA’s general duties
1. This appendix sets out how the proposals in this CP are compatible with the general duties and
regulatory principles of the FCA. The FCA is required, by section 138I of FSMA, to explain why
making the proposed rules is compatible with its strategic objective, advances its operational
objectives, and has regard to the regulatory principles in section 3B of FSMA.
The FCA’s strategic objective and regulatory principles
2. The proposals set out in this CP are compatible with our strategic objective of ensuring that the
relevant markets function well. This CP supports our proposals, already consulted on, to clarify
the lines of responsibility at the top of firms and enhance the FCA’s ability to hold senior and
other individuals in such firms to account. This should, over time, result in improved governance
within the industry.
3. In preparing these proposals, we have had regard to the regulatory principles set out in s.3B
FSMA. We set out below how our proposals demonstrate such regard for each of the regulatory
principles:
Regulatory principle Compatibility
Efciency and economy
The need to use FCA resources in the most
efcient and economical way
The FCA and PRA have collaborated in order to
take a consistent approach to amending these
shared forms. This ensures that they are able
to continue to take advantage of synergies
and promote efcient use of both regulators’
resources.
Proportionality
A burden or restriction should be proportionate
to the benets, considered in general terms,
which are expected to result from the imposition
of that burden or restriction.
The proposals in this CP are directly relevant
to this principle as they seek to reduce
requirements on individuals and rms submitting
these forms.
Sustainable growth
The desirability of sustainable growth in the UK
economy in the medium or long term.
We do not consider this principle to be directly
relevant to the proposals in this CP.
Consumer responsibility
Consumers should take responsibility for their
decisions
The proposals we have made concern the
internal organisation of rms and requirements
applying to their staff. These are not matters
over which consumers can have any inuence.
FCA and PRA 11
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015FCA and PRA 11
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
Regulatory principle Compatibility
Senior management responsibility
The responsibilities of senior management
of persons subject to requirements imposed
by or under FSMA, including those affecting
consumers, in relation to compliance with those
requirements
The proposals in this CP support our overall
objective that senior managers within relevant
rms are clear about the responsibilities they
hold and can therefore be more effectively
held accountable for the performance of those
responsibilities.
Recognising the differences in the
businesses carried on by different
regulated persons
The desirability of exercising our function that
recognises differences in the nature of the
businesses carried on by different persons we
regulate
The proposals in this CP amend questions
wherever they are asked to ensure that for all
rms only necessary disclosures are sought.
Openness and disclosure
The desirability of publishing information
relating to persons
We will not normally make public the fact that
we are or are not investigating a particular
matter or any of our ndings or conclusions
of an investigation public except as set out
in chapter 6 of the Enforcement Guide. The
proposals contained in this CP do not change
that position.
Transparency
The FCA should exercise its functions as
transparently as possible.
We are an open and transparent regulator and
welcome feedback on the proposals outlined in
this CP.
The FCA’s operational objectives
Consumer protection and market integrity
4. The objective of the proposals contained in this CP is to support our overall objective that
senior persons in relevant firms are held accountable for the roles they perform. This is intended
to create a structure that will make it more likely that individuals and roles are appropriately
matched and that high standards of conduct are observed. We therefore consider that these
aims and objectives support our consumer protection and market integrity objectives.
Promoting competition
5. In preparing the proposals set out in this CP, we have had regard to our duty to promote
effective competition in the interests of consumers under section 1B(4) FSMA. The proposals in
this CP relate to disclosures sought from all firms for certain roles and transactions and the FCA
do not believe they are likely to have any adverse impact on effective competition.
Mutuals
6. The FCA also has a statutory requirement under section 138K(2) of FSMA to state whether the
impact on mutual societies will be significantly different from the impact on other firms. The
FCA considers that mutuals are not expected to be affected differently, or in a disproportionate
way, from other firms by these proposals.
12 FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 201512 September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
Annex 4:
PRA Compatibility statement
4 PRA Compatibility statement
1. This appendix sets out how the proposals in this CP are compatible with the general duties and
regulatory principles of the PRA. The PRA is required, by section 138J(2)(d) of FSMA, to explain
its reasons for believing that making the proposed amendments is compatible with:
• Its duty to act, so far as is reasonably possible, in a way which advances its general objective
(i.e. to promote the safety and soundness of PRA-authorised persons and to contribute
to the securing of an appropriate degree of protection for those who are or may become
insurance policyholders).
• Its duty to act, so far as is reasonably possible, in a way which, as a secondary objective,
facilitates effective competition in the markets and services provided by PRA authorised
persons in carrying on regulated activities.
2. The amendments in this CP are compatible with the PRA’s general objective in that they provide
for the operation of the wider accountability regime and help to promote safety and soundness
of firms.
3. The PRA does not consider that these amendments are likely to have any adverse impact on
effective competition.
4. In developing the proposals in this CP, the PRA has had regard to the eight Regulatory Principles,
which are set out in section 3B of FSMA.
a) The need to use the resources of each regulator in the most efcient and
economic way
The PRA and FCA have collaborated in order to take a consistent approach to amending
these shared forms. This ensures that they are able to continue to take advantage of
synergies and promote efcient use of both regulators’ resources.
b) The 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 benets,
considered in general terms, which are expected to result from the imposition
of that burden or restriction
The amendments in this CP are directly relevant to this principle as they seek to reduce
requirements on individuals and rms submitting these forms.
c) The desirability of sustainable growth in the economy of the United Kingdom
in the medium or long term
The PRA does not consider this to be directly relevant for this CP.
FCA and PRA 13
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015FCA and PRA 13
FCA CP15/29**
PRA CP35/15
Amendments to Various Forms
September 2015
d) The general principle that consumers should take responsibility for their
decisions
The PRA does not consider this to be relevant for this CP.
e) The responsibilities of the senior management of persons subject to
requirements imposed by or under this Act, including those affecting
consumers, in relation to compliance with those requirements
The rationale of the proposal in this CP is to improve forms that contribute towards
the operation and implementation of the existing and future individual accountability
regimes.
f) The desirability where appropriate of each regulator exercising its functions
in a way that recognises differences in the nature of, and objectives of,
businesses carried on by different persons subject to requirements imposed by
or under this Act [FSMA]
The PRA has given recognition to the varying nature and objectives of activities carried
out by PRA-authorised persons. The PRA does not believe the proposal in this CP has
implications for this principle.
g) The desirability in appropriate cases of each regulator publishing information
relating to persons on whom requirements are imposed by or under this Act,
or requiring such persons to publish information, as a means of contributing
to the advancement by each regulator of its objectives
The PRA has the power to publish certain information relating to investigations into
rms and individuals. The Statement of the PRA’s Approach to Publicity of Regulatory
Action (April 2013) deals with the PRA’s approach to publication of disciplinary and other
enforcement actions. The proposals contained in this consultation do not provide for any
changes in this regard.
h) The principle that the regulators should exercise their functions as
transparently as possible
This CP gives respondents the opportunity to comment on the amendments being
made, including those that are being implemented with immediate effect where formal
consultation is not required.
Impact on mutuals
5. The PRA has a statutory requirement under section 138K(2) of FSMA to state whether the
impact on mutuals societies will be significantly different from the impact on other firms. The
PRA does not believe that the impact of the proposed changes on mutual will be different
from the impact on other firms. The proposed amendments have the same implications for
applications relating to mutuals as they have for applications relating to other types of regulated
firms.
14 FCA and PRA
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
September 201514 September 2015
FCA CP15/29**
PRA CP35/15 Amendments to Various Forms
Annex 5:
List of questions
5 List of questions
Q1: Do you agree with the FCA and PRA’s proposed
amendments to the questions in Forms D and F?
Q2: Do you agree with the PRA’s proposed amendments to
the questions in Form M?
