2018-06-01
Added
The Financial Conduct Authority proposes 2018/19 periodic fee rates and levies for authorized firms, other bodies, the Financial Ombudsman Service, Money Advice Service, Pension Wise, the Single Financial Guidance Body, and illegal money lending expenses. The consultation outlines an annual funding requirement of £543.9m, a 3.2% increase, with total fees collected reduced by £48.2m due to financial penalty rebates. Specific proposals include a 3% increase in minimum and flat fees for authorized firms, a ring-fencing implementation fee of £2.7m for certain banks, and new levies to fund the Single Financial Guidance Body. Comments on these draft rates are requested by 1 June 2018, with final rules subject to Board approval in June 2018.
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Consultation Paper
CP18/10
April 2018
FCA regulated fees and levies:
Rates proposals 2018/19
CP18/10 Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 We are asking for comments on this Consultation Paper (CP) by 1 June 2018. You can send them to us using the form on our website at:
www.fca.org.uk/cp18-10- response-form.
Or in writing to:
Peter Cardinali
Finance & Business Services
Financial Conduct Authority
25 The North Colonnade
London E14 5HS
Telephone: 020 7066 5596
Telephone:
020 7066 5596
Email:
cp18-10@fca.org.uk
How to respond Contents
1 Summary 4
2 FCA annual funding requirement and allocation to fee-blocks 13 3 FCA periodic fees for authorised firms 19 4 FCA periodic fees for other bodies 25 5 Applying financial penalties 35 6 Ring-fencing implementation fee 38 7 Feedback on CP17/38 fees policy proposals 40 8 Further FCA fees policy proposals 52 9 Financial Ombudsman Service general levy 2018/19 56 10 Money Advice Service levies 2018/19 60 11 Pension Wise pensions guidance levies 66 12 Illegal money lending levy 71
Annex
1 List of questions 72
2 Compatibility statement 74
3 Financial Penalty Scheme 81
4 Financial Ombudsman Service general levy- overview and industry blocks 83 5 Allocation of 2018/19 Single Financial Guidance Body (SFGB) funding requirement 87 6 List of non-confidential respondents to CP17/38 89 7 Abbreviations used in this paper 90 returns you to the contents list takes you to helpful abbreviations How to navigate this document onscreen
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 CP18/10
Appendix
1 Periodic Fees (2018/19) and Other fees Instrument 2018 (draft rules) 2 Fees (Miscellaneous Amendments)(No11) Instrument 2018 (draft rules) 3 Fees (Single Financial Guidance Body Levy) Instrument 2018 (draft rules) 4 Fees (Tariff data for insurers from 2018/19) Instrument 2018 (made rules) 5 Fees (Consumer Financial Education Body Levy) Instrument 2018 (made rules)
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Chapter 1
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 1 Summary Why we are consulting
1.1 This Consultation Paper (CP) enables us to raise 2018/19 regulatory fees and levies to
fund the:
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FCA regulated fees and levies: Rates proposals 2018/19 The wider context of this consultation
1.4 Generally, our annual fees consultation follows this cycle:
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FCA regulated fees and levies: Rates proposals 2018/19
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FCA regulated fees and levies: Rates proposals 2018/19
1.12 After taking into account rebates resulting from retained financial penalties, total
fees collected from fee payers in 2018/19 will reduce by £48.2m. How we apply the financial penalty rebate is set out in Chapter 5 together with our proposals to revise the underlying Financial Penalty Scheme.
1.13 All proposed fee rates are included in the draft instrument in Appendix 1.
Ring-fencing implementation fee
1.14 In Chapter 6 we consult on the 2018/19 ring-fencing implementation fee (RFIF).
The RFIF will apply to firms that are ring-fencing their core activities in line with the requirements of the Financial Services (Banking Reform) Act 2013 before the 1 January 2019 deadline.
1.15 Our budgeted costs for this work in 2018/19 are £2.7m. In 2017/18 we raised £5.8m
and we estimate there will be an underspend of £1.0m which we will return to firms in proportion to the RFIF they paid for that year. Further FCA fees policy proposals
1.16 In Chapter 8 we consult on the following further FCA fees policy proposals for 2018/19:
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FCA regulated fees and levies: Rates proposals 2018/19 Pension Wise pensions guidance levies
1.20 The Department for Work and Pensions has notified us that the 2018/19 funding
requirement for providing Pension Wise will be £20.3m (£17.2m in 2017/18). This is an estimate and may be revised when the pensions guidance levy (PGL) rates are finalised in June 2018. We are proposing the same allocation of this funding requirement across the five PGL fee-blocks as in 2017/18, as set out in Table 11.2 in Chapter 11. Single Financial Guidance Body
1.21 The new Single Financial Guidance Body (SFGB) will bring together the Money
Advice Service, The Pensions Advisory Service, and Pension Wise. On 22 June 2017 the Government introduced the Financial Guidance and Claims Bill (FG & C Bill) in the House of Lords. Royal Assent is expected to be in April 2018. The Government anticipates that the SFGB will be launched no earlier than autumn 2018. It will be funded by levies on firms regulated by the FCA and through the General levy on pensions schemes. We are proposing new rules in FEES 7A to raise levies for these SFGB functions, which mirror existing Money Advice Service money advice and debt advice rules, and Pension Wise pensions guidance rules.
1.22 To setup the SFGB, the Government has instructed the FCA to collect £3.6m which will
be used to fund the creation of the new body, transfer of staff from the Money Advice Service and Pension Wise and the transfer of assets to the new body from the existing services. This value is in addition to the current business plans of the existing services.
1.23 We are proposing to recover the £3.6m SFGB funding requirement in proportion to the
2018/19 funding requirements for the Money Advice Service money advice levy and debt advice levy (Chapter 10) and the Pension Wise pensions guidance levy (Chapter 11). The SFGB money advice levy, debt advice levy and pensions guidance levy will be allocated to the same fee-blocks and in the same proportions used for the Money Advice Service and Pension Wise levies. Illegal money lending (IML) levy
1.24 The Treasury have notified us that their 2018/19 illegal money lending expenses will
be £5.6m (£5.0m in 2017/18). This is an estimate and may be revised when the IML levy rates are finalised in June 2018. The IML levy rates to recover this amount from consumer credit firms are set out in Chapter 12. Fee payers should be aware that the draft fee rates and levies in Appendix 1 are calculated using estimated fee payer populations and tariff data. This means that final periodic fee rates and levies for 2018/19, which will be made by our Board in June 2018, could vary from those in this CP.
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FCA regulated fees and levies: Rates proposals 2018/19 Our response to feedback received to CP17/38
1.25 In Chapter 7 we provide feedback on the responses we received to the following
proposals consulted on or discussed in our 2018/19 fees policy CP17/383 published in November 2017:
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FCA regulated fees and levies: Rates proposals 2018/19
1.32 The Fees Calculator will combine: the SFGB money advice levy with the Money Advice
Service money advice levy; the SFGB debt advice levy with the Money Advice Service debt advice levy; and the SFGB pensions guidance levy with the Pension Wise pensions guidance levy.
1.33 The fees calculator will also cover Prudential Regulation Authority (PRA) (where
applicable) fees and FSCS levies (FSCS levies will not be available until early May when the FSCS are expecting to publish their funding requirements for 2018/19). Firms 2018/19 invoice will also show the SFGB levies combined with Money Advice Service and Pension Wise levies.
1.34 We will consider your comments and, subject to FCA Board approval in June 2018,
plan to publish a PS in July, which will include our feedback on your comments and the final rules.
1.35 Certain fee payers have been invoiced from February 2018 for ‘on-account’ payments,
and other firms will be invoiced from July 2018, on the basis of the new fees and levies.
Table 1.1: Fee payers affected by the 2018/19 fees and levies rates proposals in this CP
Issue Fee payers affected Chapter
FCA
Periodic fee rates Authorised firms – the ‘A’ and ‘CC’ (consumer credit) fee blocks 2 and 3 All fee payers in fee-blocks B to G 2 and 4 Applying financial penalties and revising the Financial Penalty Scheme Fee payers listed in Table 5.1 in Chapter 5 5 Ring-fencing implementation fee A.1 deposit acceptors subject to the ring-fencing regime for the UK’s largest banks from 1 January
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Special project fees – scope, hourly rates and threshold Fee payers in the ‘A’, ‘B’ and ‘G3’ fee-blocks Consumer credit - definition of income for consumer hire agreements All firms in fee-blocks CC1 and CC2, especially those which undertake consumer hire agreements Clarifications of definition of income
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FCA regulated fees and levies: Rates proposals 2018/19
Table 1.2: Fee payers affected by our response to feedback to CP17/38
Issue consulted on Fee-payers affected Chapter Tariff measures for insurers General insurers in fee-block A.3 and life insurers in fee-block A.4, including both Solvency II firms and non-Directive Firms. Firms in the equivalent Financial Ombudsman Service blocks. Update scope of Financial Penalty Scheme All fee payers 7 Possible changes to definition of consumer hire income All firms in fee-blocks CC1 and CC2, especially those which undertake consumer hire agreements Charge for firms that do not use online invoicing All fee payers 7 Money Advice Service – debt advice levy Deposit takers in fee-block A.1, home finance providers in fee-block A.2, consumer credit firms that undertake lending (new fee-block CC3) and all consumer credit firms in fee-blocks CC1(limited permission) and CC2 (full permission)
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Chapter 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 2 FCA annual funding requirement and allocation to fee-blocks
2.1 In this chapter we set out our annual funding requirement (AFR) for 2018/19 and the
allocations to fee-blocks.
AFR
2.2 We published our 2018/19 Business Plan on 9 April 2018, setting out how we plan to
promote our vision and achieve our objectives during the next financial year.
2.3 Our AFR for 2018/19 is £543.9m, an increase of 3.2%. Our AFR includes our ongoing
regulatory activities (ORA) budget costs, the costs we need to recover for changes to our regulated activities (scope change) and EU withdrawal.
2.4 We are committed to delivering an ORA budget that is flat in real terms, subject to any
changes in our wider ongoing regulatory responsibilities. Our 2018/19 budget reflects the following changes in the scope of our work:
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FCA regulated fees and levies: Rates proposals 2018/19 Financial penalty rebate (i) (48.2) (46.1) (2.1) 4.6% Fees payable 495.7 480.8 14.9 3.1% Note:
(i) The £48.2m rebate in 2018/19 represents an estimate of the 2017/18 financial penalties we can retain to cover 2017/18 enforcement costs.
2.5 We are currently forecasting to end 2017/18 with an underspend in our ORA budget.
We will use £5.0m to reduce the 2018/19 AFR recovery as indicated in Table 2.1. In line with last year, we will retain any remaining underspend to continue to mitigate the costs of our move to The International Quarter (Stratford) in 2018/19 and other future costs, in particular any further EU withdrawal costs.
2.6 We must pay all the financial penalties we receive to the Exchequer (net of certain
enforcement costs incurred in generating these penalties) in the same year. Any retained penalties are used to reduce our fees in the following year, other than for the fees levied on the penalty payers themselves. We currently estimate the financial penalty rebate to be £48.2m in 2018/19 (£46.1m in 2017/18). Taking into account this rebate, the overall total fees collected from fee payers in 2018/19 will be reduced by £48.2m to £495.7m.
2.7 The application across fee payers of the financial penalty rebate is set out Chapter 5.
Chapter 5 also includes our proposals for revising our Financial Penalty Scheme.
AFR allocation across fee-blocks
2.8 The allocation of the £543.9m AFR is set out in Table 2.3 at the end of this chapter.
2.9 Our policy for allocating the AFR across fee-blocks is to maintain an even distribution
of increases/decreases other than where for individual fee-blocks there have been material and explainable exceptions (allocation by exception).
2.10 The exceptions to an even distribution of the 3.2% increase in our 2018/19 AFR cover:
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FCA regulated fees and levies: Rates proposals 2018/19 The remaining estimated £0.5m PSD2 implementation costs will be recovered in 2019/20. OPBAS
2.13 We are proposing to use the D fee-block to recover the costs of establishing and
running OPBAS, which the Government decided should be the regulatory responsibility of the FCA. For 2018/19 we are recovering £2.0m in ongoing costs for OPBAS. The estimated set-up costs of £500,000 will be recovered over two years, with £250,000 recovered in 2018/19 and the balance in 2019/20.
2.14 These OPBAS costs will be recovered from professional body supervisors listed
in Schedule 1 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLRs). In CP17/35 (October 2017)4 we consulted on the structure of the periodic fees (annual fees) that will be used to recover these costs. We also consulted on the application fees we proposed to charge for reviewing applications received from professional bodies who wish to be added to the list of professional body supervisors in Schedule 1 to the MLRs. We will be providing feedback on the responses to this consultation later in April 2018 and will also consult on the fee rates later in the year.
2.15 The D fee-block also recovers our costs for supervising the designated professional
bodies (DPBs) such as the Law Society of England and Wales. DPBs regulate the incidental investment business carried out by their members. For 2018/19 the allocation of our AFR to the DPBs, as a sub-set of the D, fee-block has increased by 3% in line with the increase in ORA. The 973.5% movement in the D fee-block from 2017/18 included in Table 2.3 reflects this 3% increase in the 2018/19 AFR allocation to DPBs plus the £2.25m for 2018/19 OPBAS costs included in this fee-block for the first time. EU withdrawal costs
2.16 Notwithstanding considerable reprioritisation, we propose allocating the £5.0m cost of
additional funding for our 2018/19 work relating to EU withdrawal across the fee-blocks that include banks (A.1 fee-block), insurers (A.3, A.4, A.5 and A.6 fee-blocks), fund managers (A.7 fee-block) and proprietary traders (A.10 fee-block). We believe that the types of firms in these fee-blocks are most likely to be affected by EU withdrawal. This is the same basis of allocation as we used for 2017/18. Scope change costs
2.17 The breakdown of the 2018/19 £16.4m scope change costs is set out in Table 2.2.
Table 2.2: Breakdown of 2018/19 £16.4m scope change costs
£m Scope change
(0.6) Senior Managers and Certification Regime(SM&CR) for banks. Relates to the A.1 deposit acceptors fee-block (see note (i) to this table). (0.2) Mortgage Credit Directive (MCD). Relates to the A.2 and A.18 fee-blocks covering mortgage providers and advisers (See note (i) to this table).
11.0 Markets in Financial Instruments Directive II (MiFID II) – continuation of the recovery
commenced in 2017/18 (see paragraphs 2.17 to 2.21)
6.2 Consumer Credit - continuation of the recovery commenced in 2016/17 (see paragraphs
2.22 and 2.23)
4 www.fca.org.uk/publication/consultation/cp17-35.pdf
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16.4 Total
Note:
(i) Scope change implementation costs can start to be recovered before the project is complete. Such early recovery is based on estimates of project costs. Where actual project costs are less than estimated, any earlier over recovery is adjusted in subsequent AFR allocations. The figures in brackets indicate such adjustments made in the case of SM&CR and MCD. MiFID II
2.18 We have allocated the £11.0m 2018/19 recovery of scope-change costs for
implementing MiFID II to the fee-blocks most directly impacted by the MiFID II regulatory regime and market data reporting.
2.19 Within the A fee-block these are:
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2.24 In Chapter 3 we consult on keeping the fee rates for the CC1 and CC2 consumer
credit fee-blocks unchanged from 2017/18. This will have the effect of eliminating the consumer credit scope-change deficit more quickly. Fee-block A.0 FCA minimum fee
2.25 Minimum fees are fixed amounts that each firm pays. The amount of AFR we recover
from the A.0 FCA minimum fee fee-block depends on the number of existing firms that remain authorised at the beginning of the fee year (1 April) and the number of new firms that become authorised during the forthcoming year.
2.26 As we state in Chapter 3 (which covers proposed periodic fees for authorised firms),
we propose increasing the minimum fees and flat fees for 2018/19 by 3% to reflect the increase in our ORA. We also propose the same 3% increase for minimum and flat fees in Chapter 4 (which covers proposed periodic fees for other bodies). We anticipate that the number of firms that will pay these minimum fees in 2018/19 will result in an AFR recovery of £21.0m. The 6.6% movement in Table 2.3 for the A.0 fee-block reflects the 3% increase in the minimum fee itself and our estimate that there will overall be more firms paying this minimum fee in 2018/19 than in 2017/18 so the amount we raise through this fee-block will increase. Fee rates
2.27 In Chapter 3 we consult on the 2018/19 periodic fees for authorised firms to recover the
AFR allocated to the A fee-blocks and the CC1 and CC2 consumer credit fee-blocks.
2.28 In Chapter 4 we consult on the 2018/19 periodic fees for other bodies to recover the
AFR allocated to the B to G fee-blocks.
2.29 In Chapter 11 we consult on the 2018/19 levy for pensions guidance providers to
recover the AFR allocated to the H fee-block.
Table 2.3: 2018/19 AFR allocation across fee-blocks
AFR allocations to fee-blocks (i)
Proposed
2018/19
£m
Actual
2017/18
£m
Movement over
2017/18
A.0 FCA minimum fee Solo 21.0 19.7 6.6%
AP.0 FCA prudential fee (ii) Solo 16.7 16.3 2.1% A.1 Deposit acceptors DR 71.5 71.5 0.0% A.2 Home finance providers and administrators Solo 17.2 16.6 3.8% A.3 Insurers − general DR 25.7 24.9 3.2% A.4 Insurers − life DR 43.2 41.8 3.2% A.5 Managing agents at Lloyd’s DR 0.2 0.2 2.2% A.6 The Society of Lloyd’s DR 0.3 0.3 2.7% A.7 Portfolio managers Solo 46.6 44.9 4.0%
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FCA regulated fees and levies: Rates proposals 2018/19 A.9 Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes Solo 11.6 12.3 -5.9% A.10 Firms dealing as principal (iii) Solo & DR 54.0 52.1 3.7% A.13 Advisory arrangers, dealers or brokers Solo 80.3 77.1 4.2% A.14 Corporate finance advisors Solo 14.7 14.0 5.1% A.18 Home finance providers, advisers and arrangers Solo 16.9 16.3 3.8% A.19 General insurance mediation Solo 28.1 27.5 2.2% A.21 Firms holding client money or assets or both Solo 14.2 13.9 2.3% CC1. Consumer credit – limited permission Solo 38.7 37.8 2.3% CC2. Consumer credit – full permission B. Recognised investment exchanges, operators of multilateral trading facilities and organised trading facilities, recognised auction platforms, service companies, regulated benchmark administrators, third country legal representative, benchmark endorser Solo 7.9 7.7 3.4%
C. Collective investment schemes Solo 2.5 2.4 2.4%
D. Designated professional bodies and professional body supervisors Solo 2.5 0.2 973.5% E. Issuers and sponsors of securities Solo 21.4 20.9 2.4% F. Unauthorised mutuals Solo 1.7 1.7 -1.0% G. Firms registered under the Money Laundering Regulations 2017; and firms covered by the Regulated Covered Bonds Regulations 2008, Payment Services Regulations 2017 and Electronic Money Regulations 2011;firms undertaking consumer buy-to-let business; and data reporting services providers Solo 6.9 6.8 2.4% H. FCA pensions guidance costs n.a. 0.05 0.1 -16.7% Total AFR 543.9 526.9 3.2% Notes:
(i) Solo = FCA solo-regulated fee-block activities. DR = fee-block activities that are dual-regulated by the FCA for conduct purposes and the PRA for prudential purposes. (ii) AP.0 FCA prudential fee-block is only recovered from FCA solo-regulated firms in proportion to the total periodic fees they pay through FCA solo-regulated fee-blocks. (iii) Includes certain investment firms that have been designated by the PRA to be regulated by the PRA for prudential purposes. These designated firms do not pay fees in AP.0, but the remaining soloregulated firms in A.10 do. n.a. = Not applicable.
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 3 FCA periodic fees for authorised firms (FEES 4 Annex 2AR draft rules in Appendix 1)
3.1 This chapter sets out our 2018/19 periodic fees proposals for authorised firms in the
A fee-blocks and the CC1 and CC2 Consumer Credit fee-blocks. These fee-blocks account for 92% of our 2018/19 annual funding requirement (AFR).
3.2 Proposals for periodic fees payable by other bodies are discussed in Chapter 4 of
this paper.
Proposed minimum periodic fees
3.3 Any firm that is authorised to carry out any of the regulated activities covered by the ‘A’
fee-block is subject to the A.0 minimum fee.6 The CC1 and CC2 Consumer Credit feeblocks have a separate structure of minimum fees. Some firms that pay minimum fees in the CC1 and CC2 fee-blocks also pay the minimum fee under the A.0 fee-block.
3.4 The aim of minimum fees is to ensure that all authorised firms (including small firms)
contribute to the cost of regulation. It also aims to ensure that the minimum fee level is not too high (which would impede competition) and not too low (which would prejudice existing fee payers).
3.5 Minimum fees are fixed amounts that each firm pays. They are subject to a size
threshold below which only the minimum fee is payable. Above the threshold variable fees are also payable based on the measure of business that is applicable to a particular fee-block; the larger the fee payer the more it contributes to the recovery of the AFR allocated to the fee-block.
3.6 Our policy is that minimum fees (and flat fees) are linked to movements in our ongoing
regulatory activities (ORA) budget. As set out in Chapter 2 our 2018/19 ORA has increased by 3% over ORA in 2017/18. We are therefore proposing to increase the 2018/19 minimum fees (and flat fees) by 3%.
3.7 Tables 3.1 and 3.2 set out the proposed changes in minimum and flat fees.
6 With the exception of A.6, which has one fee payer (the Society of Lloyd’s) who is invoiced on an individual basis.
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Table 3.1 – Proposed 2018/19 A fee-block minimum and flat fees
Current fee Increase
Proposed new fee
FCA solo-regulated firms £1,095 £33 £1,128 Dual-regulated with the PRA firms £547 £16 £563 Dual-regulated concessionary firms:
smaller credit unions (depending on size) £87 or £295 £3 or £9 £90 or £304 smaller friendly societies £235 £7 £242 UK insurance special purpose vehicle (flat fee) £471 £14 £485 Notes:
(i) Firms in the ‘A’ fee-blocks include banks, building societies, credit unions, insurers, fund managers, and retail investment, mortgage and general insurance intermediaries. In total we recover around 85% of our AFR from firms in the ‘A’ fee-block. Around 36% of ‘A’ fee-block firms are small enough to only pay the minimum fee. (ii) 3% increase has been rounded to the nearest £.
Table 3.2 – Proposed 2017/18 Consumer Credit fee-blocks minimum fees
Type of firm Income band
Current fee Increase
Proposed new fee
CC1: Limited permission
Up to £10,000 £101 £3 £104
Over £10,000 to £50,000 £253 £8 £261
Over £50,000 to £100,000 £404 £12 £416
Over 100,000 to £250,000 £505 £15 £520
CC2: Full permission
Up to £50,000 £303 £9 £312
Over £50,000 to £100,000 £505 £15 £520
Over £100,000 to £250,000 £1,010 £30 £1,040 Notes:
(i) The Consumer Credit fee-blocks also include firms that pay the ‘A’ fee-block minimum fees. Around 94% of Consumer Credit firms are small enough to only pay minimum fees. (ii) 3% increase has been rounded to the nearest £. Proposed variable periodic fees A fee-blocks
3.8 The AFR allocated to the A fee-blocks is recovered on a ‘straight line’ basis, i.e. in direct
proportion to the size of permitted business that firms undertake in these fee blocks. Firms should therefore pay fees that change in line with the year-on-year allocations of our AFR, as set out in Table 2.3 in Chapter 2. However, in some cases the movements in the allocations of our AFR stated in this table at a fee-block level will differ from the movements in the draft fee rates detailed in Appendix 1. This is due to annual changes in the number of fee payers and the level of tariff data in each fee block.
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3.9 Table 3.3 sets out the number of fee payers and the total tariff data we have used to
calculate the draft 2018/19 fee rates in Appendix 1. It then compares them to the data used to calculate 2017/18 fee rates, showing the level of year-on-year movements. To show the effect of these movements on the fees that firms will pay, compared to the movements in the allocations of our AFR, we also include the year-on-year movements in fee rates.
Table 3.3: Data used to estimate 2018/19 periodic fee rates for consultation
Feeblock Tariff base
Number of firms in fee-blocks Tariff data
2018/19
Estimated
2017/18
Actual (i) Change
2018/19
Estimated
2017/18
Actual Change
Change in rates
A.1 Modified eligible liabilities
825 836 -1.3% £3,244.9bn £3,111.2bn 4.3% -4.6% A.2 Number of mortgages or other home finance transactions 490 433 13.2% 7.2m 7.2m 0.0% 4.1% A.3 Gross written premium 323 330 -2.1% £72.8bn n.a. n.a. n.a. Best estimate liabilities £145.0bn n.a. n.a. n.a. A.4 Gross written premium 179 171 4.7% £143.9bn n.a. n.a. n.a. Best estimate liabilities £1,262.4bn n.a. n.a. n.a. A.5 Active capacity 58 58 0.0% £27.1bn £29.9bn -9.3% -9.6% A.7 Funds under management 2,941 2,895 1.6% £8,610.3bn £7,684.6bn 12.0% -6.5% A.9 Gross income 1,436 1,387 3.5% £14.9bn £12.9bn 16.1% -19.0% A.10 Traders 443 411 7.8% 10,198 9,903 3.0% 0.9% A.13 Annual income 13,225 13,040 1.4% £32.1bn £29.1bn 10.4% -5.7% A.14 Annual income 802 794 1.0% £9.2bn £7.9bn 16.9% -9.5% A.18 Annual income 5,500 5,318 3.4% £1.7bn £1.5bn 14.0% -9.2% A.19 Annual income 13,143 12845 2.3% £17.7bn £16.3bn 8.7% -5.8% A.21 Client money Assets held 1,218 1,151 5.8% £151.9bn £14,822.4bn £147.3bn £13,780.1bn 3.1% 7.6% -1.2% -4.4% Notes:
(i) ‘Actual’ refers to the data as set out in Table 2.3 of PS17/15, published in July 2017. (ii) The tariff base for the A.3 and A.4 insurers fee-blocks have been revised following consultation in CP17/38 (November 2017). In Chapter 7 of this CP we provide feedback on the responses received to that consultation and final rules are set out in
Appendix 4. The estimated 2018/19 tariff data figures represent the revised tariff bases and therefore the actual 2017/18 tariff data
and changes columns are shown as not applicable (n.a.). The previous tariff bases for A.3 were ‘gross premium income’ and ‘gross technical liabilities’. The previous tariff bases for A.4 were ‘adjusted gross premium income’ and ‘mathematical reserves’.
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3.10 The data and fees for 2018/19 given in Table 3.3 may change between now and June
when we will calculate the final fee rates. This is because we calculated the draft fee rates a few weeks before this Consultation Paper (CP) was published and therefore we estimated the population of fee payers as at 1 April 2018. In addition, we will not complete collecting and validating the tariff data until May/June. Consumer Credit fee-blocks
3.11 For 2017/18 £37.8m of our annual funding requirement was allocated to the two
consumer credit fee-blocks CC1 (limited permission) and CC2 (full permission). This was made up of:
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FCA regulated fees and levies: Rates proposals 2018/19 Moderation framework
3.16 In exceptional cases we apply our moderation framework, which allows our straightline recovery policy to accommodate a targeted recovery of costs within a fee-block,
so long as it can be justified. This moderation can be either side of the straight-line recovery and is achieved by applying a premium or discount to the tariff data that measures the amount of permitted business that firms undertake within a moderated fee-block. A.1 fee-block (Deposit acceptors)
3.17 The A.1 fee-block is an existing exception from straight-line recovery. Within this
fee-block, the firms who fall within the medium-high and high bands of our moderation framework pay a premium fee rate. This reflects that we target our overall supervision at the high-impact, systemically important firms in this sector.
3.18 We apply a premium of respectively 25% and 65% to the fee rates for firms in the
medium-high and high impact bands of the A.1 fee-block.
A.21 fee-block (firms holding client money or assets or both)
3.19 We use bandings within the A.21 fee block-based on the risk classifications we apply to
firms in the Client Assets sourcebook (CASS). This enables us to match where we apply our resources to the fees that we charge firms.
3.20 The bandings and level of moderation that we have applied to the tariff data for both
client money and assets held are set out in Table 3.5. The result of our moderation is that the 2018/19 £14.2m AFR is distributed as follows:
1,000,000,000
Moderation 0% -25% -50%
Assets held
CB01 CASS small firms
CB02 CASS medium firms
CB03 CASS large firms
Band width 0–10,000,000 >10,000,000–
100,000,000,000
100,000,000,000
Moderation 0% -25% -50%
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FCA regulated fees and levies: Rates proposals 2018/19 European Economic Area (EEA) branches – fee discounts
3.21 The FCA, as the host state conduct regulator, is primarily responsible for the conduct
regulation of incoming EEA branches (passported into the UK). We apply discounts to the fees paid by these firms to reflect the extent to which our supervisory responsibilities for EEA incoming branches are lower than for UK-based firms carrying on the same regulated activities, specifically in relation to systems and controls and approved persons.
3.22 We apply the discounts as set out in Appendix 1.
Online fees calculator
3.23 We provide a Fees Calculator facility on our website to enable firms to calculate their
periodic fees for the forthcoming year based on the draft FCA periodic fees and the Financial Ombudsman Service, Money Advice Service, Pension Wise pensions guidance and illegal money lending levy consultative rates in Appendix 1 of this CP.
3.24 The Fees Calculator will combine: the Single Financial Guidance Body (SFGB) money
advice levy with the Money Advice Service money advice levy; the SFGB debt advice levy with the Money Advice Service debt advice levy; and the SFGB pensions guidance levy with the Pension Wise pensions guidance levy.
3.25 The fees calculator will also cover Prudential Regulation Authority (PRA) (where
applicable) fees and FSCS levies (FSCS levies will not be available until early May when the FSCS are expecting to publish their funding requirements for 2018/19). Firms 2018/19 invoice will also show the SFGB levies combined with Money Advice Service and Pension Wise levies. Q1: Do you have any comments on the proposed FCA 2018/19 minimum fees and variable periodic fee rates for authorised firms? Fee payers should be aware that the draft fee rates and levies in Appendix 1 are calculated using estimated fee payer populations and tariff data. This means that final periodic fee rates and levies for 2018/19 – which will be made by our Board in June 2018 – could vary from those in this CP. FCA fee rates for insurers As annual Solvency II returns for the 2017 financial year are not submitted until 6 May 2018, after this consultation was published, the draft fee rates for both A3 (insurers – general) and A4 (insurers – life) fee-blocks in Appendix 1 are based on year-end data for 2016. As a consequence, the draft fee rates for the A3 and A4 fee blocks may provide a less useful indication than previously of the final fee rates, which will be based on 2017 data. This will continue to be the case for future fee years, due to Solvency II return reporting deadlines. However, we believe that using the latest data available for basing draft fees is the fairest approach. There is greater uncertainty over the fees rates for life insurers in the A4 fee- block because of limitations with data reported by some life insurers and the fact that several large life reinsurance and back-book transactions were undertaken during 2016 which significantly increased the measure of gross written premiums for fees purposes for that year. Final fee rates based on 2017 data are therefore likely to be higher than the draft rates shown in Appendix 1.
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FCA regulated fees and levies: Rates proposals 2018/19 4 FCA periodic fees for other bodies
4.1 This chapter sets out the proposed periodic fees for fee payers in fee-blocks:
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4.5 The fees for the sub-set fee-blocks that make up the B fee-block also take in account:
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Table 4.2: Proposed MTF and OTF fees
Proposed
2018/19 fee
(£)
Actual
2017/18 fee
(£) Variance
MTF or OTF operator that has a named individual fixed portfolio supervisor 290,656 316,710 -8.2% All other MTF or OTF operators (i.e. those supervised by a team of flexible portfolio supervisors) 27,410 29,867 -8.2% European Economic Area (EEA) firm 0.0% Service companies (FEES 4 Annex 2R Part 1 – draft rules in Appendix 1)
4.11 The proposed 2018/19 fees for service companies are set out in Table 4.3.
Table 4.3: Proposed service companies fees
Proposed
2018/19 fee
(£)
Actual
2017/18 fee
(£)
Variance
Income up to and including £100,000 1,110 1,078 3.0% Income over £100,000 (£/£ thousand or part £ thousands of income)
2.56 1.80 42.2%
Regulated benchmark administrators, third country legal representative, benchmark endorser (FEES 4 Annex 2R Part 1 and FEES 4 Annex 15R – draft rules in Appendix 1)
4.12 In CP17/179
(published June 2017) we consulted on the annual periodic fees structure to take account of the directly-applicable EU Benchmarks Regulation (BMR). We provided feedback on responses to that consultation and near final rules in PS17/2810(published December 2017). We are now consulting on the 2018/19 fee-rates.
4.13 The proposed 2018/19 fee for regulated benchmark administrators is set out in Table
4.4. In CP17/17 we consulted on aligning the minimum fee with that paid by firms in
the ‘A’ fee-block. That minimum fee was £1,095 in 2017/18 and is increasing by 3% to £1,128, reflecting the increase in our ORA. The variable fee-rate is within the range of £10-£20 indicated in CP17/17.
4.14 Regulated benchmark administrators should only report income that relates to their
UK activities. In Chapter 8 of this CP we are consulting on clarifying this in the definition of such income set out in FEES 4 Annex 11A. 9 www.fca.org.uk/publication/consultation/cp17-17.pdf 10 www.fca.org.uk/publication/policy/ps17-28.pdf
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Table 4.4: Proposed regulated benchmark administrators fees
Proposed 2018/19 fee
(£)
Income up to and including £100,000 1,128
Income over £100,000 (£/£ thousand or part £thousand of income) 19.70
4.15 The proposed 2018/19 fee for a third country legal representative is £12,500 and
for a benchmark endorser is £7,500. These are within the range of £5,000 - £15,000 indicated in CP17/17. Fee-block C: Collective investment schemes (FEES 4 Annex 4R - draft rules in Appendix 1)
4.16 Tables 4.5 and 4.6 detail the proposed collective investment schemes (CIS) fee rates
for 2018/19. The AFR allocated to this fee-block is recovered from fee payers in proportion to the number of funds or sub-funds operated. The total number of funds/ sub-funds reported by all fee payers for 2018/19 has increased compared to 2017/18. This has resulted in a lower variance in the fee rates compared to the 2.4% increase in the allocation of the AFR to this fee-block.
4.17 The proposed 2018/19 annual fee for small registered UK Alternative Investment Fund
Managers is £700, representing a 3% increase (rounded to the nearest £) from £680 in 2017/18.
Table 4.5: Proposed CIS periodic fees
Scheme type
Basic fee
(£)
Total aggregate number of funds/subfunds
Proposed
2018/19 fee rate
(£)
Actual
2017/18 fee rate
(£)
Variance
ICVC, AUT, ACS, UK
ELTIFs
406 1-2 406 410 -1.0%
3-6 1,015 1,025 -1.0%
7-15 2,030 2,050 -1.0%
16-50 4,466 4,510 -1.0%
Section 264 of FSMA,
schemes other than non-EEA AIFs recognised under
section 272 of FSMA
50 8,932 9,020 -1.0%
Non-EEA AIFs recognised under
section 272 of FSMA
1,652 1-2 1,652 1,670 -1.1%
3-6 4,130 4,175 -1.1%
7-15 8,260 8,350 -1.1%
16-50 18,172 18,370 -1.1%
50 36,344 36,740 -1.1%
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Table 4.6: Proposed CIS periodic fees
Kind of notification
Proposed
2018/19 fee per AIF (£)
Actual
2017/18 fee per AIF (£) Variance
Notification under regulation 57 of the AIFMD UK Regulation 355 345 3.0% Notification under regulation 58 of the AIFMD UK Regulation 247 240 3.0% Notification under regulation 59 of the AIFMD UK Regulation 355 345 3.0% Fee-block D: Designated professional bodies and professional supervisors Designated professional bodies (FEES 4 Annex 5R - draft rules in Appendix 1)
4.18 We set individual periodic fees for each designated professional body (DPB) based
on an estimated number of exempt professional firms in each body. Each DPB pays £10,000 for its first exempt professional firm, which recovers £100,000 of the allocation to this fee-block. The remaining amount allocated to this fee-block is then recovered in proportion to the number of exempt professional firms reported by each DPB. The proposed 2018/19 periodic fees are detailed in Table 4.7. Variances differ from the 3.0% increase in the AFR allocation to the DPB sub-set within this fee-block because of movements in the number of exempt professional firms reported for 2018/19 compared with those reported in 2017/18.
Table 4.7: Proposed DPB periodic fees
DPB
Proposed
2018/19 fee
(£)
Actual
2017/18 fee
(£) Variance
The Law Society of England and Wales 90,170 62,430 44.4% The Law Society of Scotland 15,260 13,390 14% The Law Society of Northern Ireland 13,830 12,520 10.5% The Institute of Actuaries 10,110 10,070 0.4% The Institute of Chartered Accountants in England and Wales 36,020 68,770 -47.6% The Institute of Chartered Accountants of Scotland 11,340 10,920 3.8% The Institute of Chartered Accountants in Ireland 14,840 13,130 13.0% The Association of Chartered Certified Accountants 18,770 15,900 18.1% Council for Licensed Conveyancers 11,790 11,170 5.6% Royal Institute of Chartered Surveyors 15,190 13,400 13.4%
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4.19 As stated in Chapter 2 we are proposing to use the D fee-block to recover the costs of
establishing and running of the Office for Professional Body Anti-Money Laundering Supervision (OPBAS), which the Government decided should be the regulatory responsibility of the FCA. For 2018/19 we are recovering £2.0m in ongoing costs for OPBAS. The estimated set-up costs of £500,000 will be recovered over two years, with £250,000 recovered in 2018/19 and the balance in 2019/20.
4.20 These OPBAS costs will be recovered from professional body supervisors listed
in Schedule 1 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLRs). In CP17/35 (October 2017)11 we consulted on the structure of the periodic fees (annual fees) that will be used to recover these costs. We also consulted on the application fees we proposed to charge for reviewing applications received from professional bodies who wish to be added to the list of professional body supervisors in Schedule 1 to the MLRs. We will be providing feedback on the responses to this consultation later in April 2018 and will also consult on the fee rates later in the year. Fee-block E: United Kingdom Listing Authority (FEES 4 Annex 14 R - draft rules in Appendix 1)
4.21 We are proposing 2018/19 United Kingdom Listing Authority (UKLA) periodic fees
as set out in Tables 4.8 and 4.9. Base fees have increased by 3%. Variable fees have decreased by 2.0% compared to the 2.4% increase in the AFR allocation to this feeblock. This is due to an increase in the projected market capitalisation tariff data by these fee payers.
Table 4.8: Base fees
Activity group or invoice code
Proposed
2018/19 fee
(£)
Actual
2017/18 fee
(£) Variance
E.2 Premium listed issuer 5,355 5,200 3.0% E.3 Standard listed issuer 20,285 19,695 3.0% E.6 Non-listed issuer (i) 0.0% E.7 Primary information provider 16,920 16,425 3.0% ES.01 Sponsor 28,190 27,370 3.0% Notes: 3% increase in base fee has been rounded to the nearest £. (i) Not needed at present but retained pending implementation of MiFID II 11 www.fca.org.uk/publication/consultation/cp17-35.pdf
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Table 4.9: Variable fee additional to base fees
Activity Group E.2
Proposed
2018/19
Actual
2017/18 Variance
£ million of market capitalisation
Fee rate
(£)
Fee rate
(£)
0–100 n.a.
100–250
27.904193 28.469627 -2.0%
250–1,000 10.766260 10.984421 -2.0%
1000–5,000 6.627075 6,761363 -2.0%
5,000–25,000 0.161655 0.164930 -2.0%
25,000 0.052226 0.053284 -2.0%
Fee-block F: Unauthorised mutuals
(FEES App1 - draft rules in Appendix 1)
4.22 The proposed 2018/19 fees for unauthorised mutuals are set out in Table 4.10. The
1% decrease in the AFR allocation to the F fee-block set out in Table 2.3 in chapter 2 reflects that some unauthorised mutuals have become authorised as consumer credit firms and will not pay fees in the F fee-block which has reduced the amount of our costs allocated to the F fee-block. The increase in fees is in line with our policy that all minimum and flat fees should be linked to the 3% increase in our ORA and recovers the funding requirement from the F fee-block.
Table 4.10: Proposed periodic fees for unauthorised mutuals
Total assets (£000s)
Proposed
2018/19 fee rate (£)
Actual
2017/18 fee rate (£) Variance
0 - 50 67 65 3.1%
50 - 100 129 125 3.2%
100 - 250 211 205 2.9%
250 – 1,000 273 265 3.0%
1,000 495 480 3.1%
Fee-block G
Fee-block G: Firms registered under the Money Laundering Regulations 2017 (FEES 4 Annex 11R - draft rules in Appendix 1)
4.23 We propose that the annual fee for firms registered with us under the Money
Laundering Regulations 2017 should be £451 for 2018/19. This is an increase of 3% (rounded to nearest £) from £438 in 2017/18 (Fee-block G.1).
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4.24 The proposed 2018/19 payment services fees are set out in Tables 4.11 and 4.12 (firms
in G.2, G.3 and G.5 fee-blocks). We also propose that the flat fee for small payment institutions in the G.4 fee-block should be £515. This is an increase of 3% (rounded to the nearest £) from £500 in 2017/18.
4.25 As stated in Chapter 2 the AFR allocation to payment services firms should not result
in a Payment Services Directive (PSD)2-realted increase above the 3% increase in our ORA. Due to increases in the number of firms and amount of tariff data the variable rates for payment services firms have decreased by 9.5% from 2017/18.
Table 4.11: Certain deposit acceptors (includes banks and building societies)
(G.2 fee-block)
Proposed
2018/19
Actual
20117/18
Variance
Minimum fee (£) 515 500 3.0%
£ millions or part £ millions of modified eligible liabilities Fee rate Proposed 2018/19 Actual 2017/18 Variance >0.1 0.5840 0.6456 -9.5%
Table 4.12: Large payment institutions and other institutions (G.3 and G.5 fee-blocks)
Proposed
2018/19
Actual
2017/18 Variance
Minimum fee (£) 515 500 3.0%
£ thousands or part £ thousands of relevant income Fee rate Proposed 2018/19 Actual 2017/18 Variance >100 0.3927 0.4341 -9.5% Fee-block G: Firms subject to the Electronic Money Regulations 2011 (FEES 4 Annex 11R – draft rules in Appendix 1)
4.26 Table 4.13 sets out the proposed fee rates for large electronic money institutions
under the Electronic Money Regulations 2011. The minimum fee has increased by 3% (rounded to the nearest £), reflecting the increase in our ORA. The variable rate has decreased by 33.3% due to an increase in the number of firms in this fee-block and the tariff data reported.
Table 4.13: Large electronic money institutions (Fee-block G.10)
Proposed
2018/19
Actual
2017/18 Variance
Minimum fee £1,692 £1,643 3.0%
£ millions or part £ millions of average outstanding electronic money >5.0 80.00 120.00 -33.3% Note: 3% increase in minimum fee has been rounded to the nearest £.
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4.27 We propose that the annual fee for small electronic money institutions should increase
to £1,128 for 2018/19, an increase of 3% (rounded to nearest £) from £1,095 in 2017/18 (Fee-block G.11). Fee-block G: Firms subject to the Regulated Covered Bonds Regulations 2008 (Fee-block G.15) (FEES 4 Annex 11R - draft rules in Appendix 1)
4.28 The AFR allocated to the fee-block for firms subject to the Regulated Covered Bonds
Regulations 2008 is recovered through two levels of flat minimum fees based on the number of registered programmes. There is also a variable fee that takes into account the number of issues made (market activity). The proportion recovered through the minimum fees is 90%, and 10% is recovered through the variable fee. The proposed fees for 2018/19 are set out in Table 4.14. The minimum fee has decreased by 11.9% and the variable fee decreased by 11.1%. The variance is due to movements in the number of registered programmes and issues made during 2017/18 compared to the previous year.
Table 4.14: Proposed periodic fees
Proposed
2018/19
Actual
2017/18 Variance
Minimum fee for the first registered programme 79,184 89,876 -11.9% Minimum fee for all subsequent registered programmes 75% of first registered programme 75% of first registered programme Unchanged Variable periodic fee (£m or part £m of RCBs issued in the 12 months ending on valuation date)
11.80 13.27 -11.1%
Consumer buy-to-let
(FEES 4 Annex 11R - draft rules in Appendix 1)
4.29 We propose increasing the consumer buy-to-let flat fees by 3% (rounded to nearest £)
as set out in Table 4.15.
Table 4.15: Consumer buy-to-let fees
Proposed
2018/19 (£)
Actual
2017/18 (£) Variance
G.20 - CBTL lenders 416 404 3.0%
G.21 - CBTL arrangers and advisers 208 202 3.0%
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4.30 We propose increasing the data reporting services providers flat fee by 3% (rounded to
nearest £) as set out in Table 4.16.
Table 4.16: Data reporting services providers
Proposed
2018/19 (£)
Actual
2017/18 (£) Variance
G.25, Flat fee for first data reporting service plus 50% flat fee for each additional data reporting service for which the data reporting services provider (other than an incoming data reporting services provider) has authorisation. 25,750 25,000 3.0% Q2: Do you have any comments on the proposed FCA 2018/19 minimum fees and periodic fee rates for fee payers other than authorised firms?
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FCA regulated fees and levies: Rates proposals 2018/19 5 Applying financial penalties
5.1 This chapter is relevant to all fee payers that fall within the fee-blocks set out in
Table 5.1
Revised Financial Penalty Scheme
5.2 The financial penalties we receive must be paid to the Treasury; net of certain
enforcement costs incurred in the financial year in which the penalties were received (retained penalties). Our Financial Penalty Scheme (FPS) sets out the basis for ensuring the retained penalties are applied for the benefit of firms (except the firm on which the financial penalty was imposed). The current FPS is set out in Annex 3 which includes proposed revisions.
5.3 Paragraph 4 of the current FPS states that the “total retained penalties from any financial
year will be allocated across the fee-blocks … in proportion to the allocation of the enforcement budgeted costs for the following financial year. This will target the benefit from retained penalties to the fee-blocks that are paying for enforcement costs.”
5.4 Under the new fee-block allocation policy the baseline for the underlying distribution of
our annual funding requirement (AFR) across fee-blocks will stay as it was for 2013/14 (the first year that the FCA operated). However it has been adjusted for material and explainable exceptions since then and from 2018/19 onwards (the allocation by exception approach).
5.5 To bring the FPS in line with our allocation by exception approach we propose to amend
the current FPS to reflect that:
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5.8 We currently estimate the retained penalties for 2017/18 to be £48.2m (£46.1m in
2016/17). The amount of the estimated retained penalties allocated to each fee-block, along with the estimated percentage rebates that will be applied to the 2018/19 periodic fees paid by the firms in those fee-blocks, is set out in Table 5.1. We will publish the final rebates in the July 2018 policy and feedback statement to this Consultation Paper.
Table 5.1: Draft schedule of application of 2017/18 retained penalties in 2018/19
Fee-block
Estimated
2017/18 retained penalties to be applied to benefit of fee-payers Estimated rebate applied to 2018/19 (£m) fees AP.0 FCA prudential 0.0 0.0% A.1 Deposit acceptors 7.7 10.7% A.2 Home finance providers and administrators 0.8 4.6% A.3 Insurers − general 1.5 6.0% A.4 Insurers − life 2.7 6.4% A.5 Managing agents at Lloyd’s 0.0 0.0% A.6 The Society of Lloyd’s 0.0 0.0% A.7 Portfolio managers 11.2 24.2% A.9 Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes
1.8 15.6%
A.10 Firms dealing as principal 6.1 11.4%
A.13 Advisory arrangers, dealers or brokers (not holding or controlling client money or assets, or both)
4.1 5.1%
A.14 Corporate finance advisors 1.9 12.9%
A.18 Home finance providers, advisers and arrangers 3.1 18.6% A.19 General insurance mediation 2.8 10.0% A.21 Firms holding client money or assets or both 3.1 22.4% B. Recognised investment exchanges, operators of multilateral trading facilities and recognised auction platforms (only)
0.0 0.0%
CC1 Consumer credit – limited permission 0.0 0.0% CC2 Consumer credit – full permission 0.0 0.0% E. Issuers and sponsors of securities 1.4 6.7%
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0.0 0.0%
G.2, G.3, G.4, G.5 Firms under the Payment Services Regulations 2017
0.0 0.0%
G.10, G.11 Firms under the Electronic Money Regulations 2011 0.0 0.0% G.20, G.21 Firms under the Mortgage Credit Directive Order
0.0 0.0%
G.25 Firms under the Data Reporting Regulations 2017 0.0 0.0% Total 48.2
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FCA regulated fees and levies: Rates proposals 2018/19 6 Ring-fencing implementation fee (Fees 4 Annex 2B – draft rules in Appendix 1)
6.1 In this chapter we set out our proposals for the 2018/19 ring-fencing implementation
fee (RFIF). The RFIF will apply to firms that are ring-fencing their core activities in line with the requirements of the Financial Services (Banking Reform) Act 2013 (FSBRA) before the 1 January 2019 deadline.
6.2 Our budgeted costs associated with this work in 2018/19 are £2.7m. In 2017/18 we
raised £5.8m and we estimate there will be an underspend of £1.0m which we will return to firms in proportion to the RFIF they paid for that year. The implementation of the new regime requires a significant amount of work for us before the final implementation on 1 January 2019. This includes embedding ring-fencing into supervision to ensure that after implementation we can effectively supervise ring-fencing banking groups.
6.3 The Prudential Regulation Authority (PRA) is consulting on its RFIF under Consultation
Paper (CP) Regulated fees and levies: rates proposals 2018/19 published on 9 April 2018.
6.4 Our budgeted costs for 2018/19 include the costs of:
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6.7 Calculations will be based on forecasted (1 January 2019) data provided by banking
groups in March 2018. We consider these metrics to be an appropriate proxy for the balance of work we will need to do across these banking groups to implement ring-fencing.
6.8 The RFIF is intended to recover all our costs associated with ring-fencing, including
those for processing applications for authorisation, variation of permission and in connection with regulated covered bonds. Therefore our existing RFIF rules include a provision that fees for ring-fencing related authorisations, variation of permission and regulated covered bonds applications will not be charged.
6.9 The draft rules relating to the 2018/19 RFIF are in Appendix 1.
Q4: Do you have any comments on the proposed 2018/19 ring-fencing implementation fee?
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7.1 In this chapter we provide feedback on the responses received to the proposals we
consulted on or discussed in our 2018/19 fees policy CP17/3812 (November 2017):
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7.6 We further proposed:
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FCA regulated fees and levies: Rates proposals 2018/19 payment of a fee would be inequitable, we may reduce a fee payment. The PRA advised in its feedback that an insurer should inform the PRA16by the end of February 2018 if it had undertaken a transaction (such as a large bulk annuity transfer) in the previous calendar year that it would like taken into consideration when calculating its fee and provide relevant details. We will also consider these submissions on a case-bycase basis in accordance with FEES 2.3R. Life insurers’ weightings: we are also deferring changing the weightings between premium income and liabilities pending the outcome of the PRA’s further review and consultation in 2018/19. Trustee investment products: we can confirm that the intention is to exclude trustee investment products from the fees calculation and that the definitions (as set out in the rules) are intended to achieve this. Responses to proposals – Financial Ombudsman Service CJ and VJ
7.10 We received seven responses in relation to the CJ. Two trade bodies and a firm
agreed with the proposals, while two trade bodies and two firms disagreed with the proposal to no longer base the CJ levy on ‘relevant’ business (i.e. business conducted with consumers).
7.11 While acknowledging that there is a cost to firms in distinguishing the business they
conduct with consumers, these respondents stated they already have in place the systems and processes to report their business with consumers, and that this cost would be less than the cost of higher levies as a result of the levy not being based on ‘relevant’ business.
7.12 There were two responses in relation to the VJ proposal, which were from trade bodies,
who supported the proposal to continue to base the levy on ‘relevant’ business in particular. Our response The overall objectives underlying our proposals are that the revised tariff data should:
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FCA regulated fees and levies: Rates proposals 2018/19 having their levies based on relevant GWP will be more appropriate given the type of insurance business they undertake. We have therefore modified the final FEES 5 rules in Appendix 5 to allow firms to notify us each year of their relevant GWP tariff data. This notification will need to be made by the 30 May in the fee-year that follows the calendar year to which the tariff data for that fee-year relates. This will enable firms to choose whether they want to report ‘relevant’ GWP data to the FCA for the calculation of the CJ levy. If they choose not to report this data, the calculation will be based on GWP revised premium income tariff data (provided by the PRA), which does not differentiate ‘relevant’ business. For the purposes of calculating 2018/19 levies we will contact firms to make them aware of this change. Firms will need to initiate the notification for following fee-years. Using regulatory data will reduce the burden on firms and the FCA, as firms will not have to maintain systems and processes to provide additional data, and we will not need to maintain systems and processes to collect and validate such additional and/or adjusted data. General insurers tariff data – changes to definition
7.13 The PRA received responses to their consultation following which they changed the
definition of best estimate liabilities (BEL) for general insurers. These changes were set out in their policy statement PS28/17 and their final rules. We did not receive these responses to our consultation but again, to ensure that the FCA’s tariff data requirements for insurers are consistent with those of the PRA we are adopting those changes. We have therefore changed the definition of BEL for fees purposes from:
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7.18 We asked:
Q8: Do you have any comments on the proposed changes to the financial penalty scheme? Responses to proposals
7.19 We received two responses which agreed with the proposed changes. These changes
have now been incorporated into our FPS.
7.20 In Chapter 5 of this CP we are consulting on revising the FPS to take account of our
‘allocation by exception’ approach to allocating our annual funding requirement (AFR) to fee-blocks. Consumer credit - definition of income for consumer hire agreements
7.21 In Chapter 4 of CP17/38, we invited discussion of the impact our definition of income
(in FEES 4 Annex 11B) might have on income reported for consumer hire agreements, and views on whether we should consult on revising it. A number of firms have argued that fees may be higher on consumer hire agreements than on comparable unsecured loans. Our definition requires firms to report total revenue from consumer hire agreements as income, whereas consumer credit lenders are able to deduct repayments of principal, reporting only the interest and any other financial charges. The CP reviewed the differences between unsecured loans, hire-purchase (HP) agreements and consumer hire agreements, and how these might affect reported income and fees.
7.22 We suggested that it might be possible to use depreciation over the life of a consumer
hire agreement as the equivalent of repayments of principal debt. If depreciation was deducted from the revenue, then the balance would be equivalent to interest and would be reported as credit-related income, helping to equalise the treatment of consumer hire and consumer credit. We provided illustrations of the impact this might have on reportable income. If the agreement continued after the asset had depreciated to zero, the full value of the subsequent rental payments would be reported as income. Any methodology for reporting consumer hire income must be fair, clear and verifiable, so that we, and other fee payers, can be confident that firms are reporting their data appropriately. Published accounts are an important source for verifying data and our definition of income requires firms to report the figures recognised in their accounts. However, there are different accounting conventions for the treatment of depreciation under the two broad types of consumer hire agreement:
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7.23 Other matters we discussed included the possibility of imposing a proxy rate of
interest on all consumer hire agreements; the treatment of different types of agreement; the fact that lower fees for consumer hire firms might lead to higher fees for other firms; and the reporting of ancillary charges such as delivery and installation, call-out repairs, servicing, etc.
7.24 We asked:
Q9: Do you think that the definition of income for consumer hire leases should be revised? If you undertake consumer hire agreements, please use representative examples to illustrate how you interpret our current definition of income when reporting to us, and the impact of any suggestions you make for improvement. Q10: Do you have any comments on the various options for defining consumer hire income that we have discussed in
Chapter 4?
Q11: Can you suggest any other ways of refining the definition of consumer hire income? Responses received
7.25 We received ten responses, all favouring a change in definition. Several provided
illustrations comparing the fees payable on consumer hire agreements with those on HP and other credit agreements. None raised concerns about the knock-on effect for firms not involved in consumer hire whose fees might increase.
7.26 There was strong support for the ‘accounting revenue’ or ‘implicit interest’ approach
that we had described in the CP, though one respondent felt that more work was needed to refine the definition and that a proxy should be imposed in the meantime. Another pointed to the risk that calculating depreciation could become complex and expensive for small firms, especially if they had to hire accountants to do it. There was general agreement that firms do in practice make assumptions about depreciation which would enable them to calculate implicit interest:
‘For finance leases lessors are required to report interest income as part of their annual company accounts submissions; for operating leases the equivalent information reported in the annual company accounts is rentals net of depreciation. The information is therefore readily available and the fees payable would be fair and comparable to the method used to calculate consumer credit income relating to purchase plans and unsecured loans.’
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7.27 Another commented that ‘It is hard to imagine a scenario…’ where a firm ‘…would not
be fully aware of (and account for internally)…’ depreciation, and hence the interest equivalent, in any lease, even if the figures were not quoted in the agreement or the firm’s accounts.
7.28 Some respondents pointed out that depreciation methodologies vary and this might
affect the timing of revenue over different contracts. In addition, as we had discussed, the picture was complicated by indefinite agreements, agreements extended beyond their original term and agreements terminated early. One commented that minimum term rentals often automatically run on rather than being formally extended, so treating extensions as a new agreement would help to promote good practice.
7.29 Several of the respondents commented on charges for ancillary services, though there
was no consensus on how to treat them. One urged us to include all income streams relating to consumer hire. One said we should not include them because they were often optional and often provided by third parties who had no link with the creditrelated activity, for example, roadside recovery services for leased vehicles. Another suggested we align with the guidance from the International Accounting Standards Board (IASB) on when to exclude the costs of associated services. Our response We appreciate the helpful and well-considered responses to our consultation. Overall these confirm that it would be equitable to factor depreciation into the calculation of consumer hire income, using the ‘implicit interest’ or ‘accounting revenue’ model we described in CP17/38. We have set out our specific proposals for consultation in
Chapter 8. These will affect the 2019/20 fees.
We accept that the calculation of depreciation could be complicated for some small firms. Our proposals therefore provide that, if a firm does not make assumptions about depreciation in its accounts or its normal business planning, it should depreciate the asset to zero over the term of the agreement. If the agreement is open-ended, the firm should make reasonable assumptions regarding the period over which the asset is deemed to depreciate to zero. This gives firms a straightforward way of calculating depreciation. We do not consider that the variable length of agreements, or the variable patterns of depreciation, are practical concerns under our proposals. While we understand the arguments advanced in relation to extensions, we are not looking to interfere in firms’ contractual arrangements. We would expect firms to be able, if requested, to substantiate any assumptions used, or to demonstrate that, when calculating depreciation, they have applied their standard business assumptions, supported by external advice or their own research and/or experience as applicable. Respondents had conflicting views about the treatment of ancillary services, and firms often raise questions about this when reporting their income data. We have reviewed our current guidance and believe that
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7.32 Online invoicing is an environmentally friendly paperless process which significantly
enhances the efficiency of our fee invoicing and collection process by eliminating paper. About 85% of our authorised firms are using online invoicing, leaving about 8,000 with paper invoices. Paper invoicing for a small proportion of firms requires us to maintain separate processes. This is inefficient, expensive and time-consuming. These additional costs are carried by the whole body of fee-payers and so we raised the possibility of charging those firms which wish to preserve the manual paper-based service. We estimated that the charge would be in the region of £50 - £100.
7.33 We asked:
Q12: Do you have any comments on whether we should in future charge firms which choose not to take advantage of online invoicing? Responses received
7.34 We received six responses. Five supported the introduction of a charge on the principle
that users should pay, though one was concerned about the impact on smaller firms and several stressed that the charge should be justified by the cost. One commented that most firms charge their own customers if they insist on costly payment methods, ‘so surely the same logic can apply to you’. Only one respondent objected to the introduction of charges, arguing that ‘there may be very good reasons why they prefer paper invoices to online invoicing’. Our response In view of the largely favourable response to our suggestion, we will retain the option of introducing charges for paper invoicing in the future, but for the moment we will concentrate on encouraging take-up of the online system by the minority of firms that remain outside it. Joining the online system involves registering for an i-receivables account and then activating it. The great majority of firms find that an activated i-receivables account improves the quality and convenience of their fees interactions with the FCA because it offers:
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7.42 One other issue raised by a respondent was that the CC3 fee block does not work for
pawnbrokers in the same way as other consumer credit lenders. In particular, the firm’s income should not include the value of the pawned item, as if the loan is not repaid the item will typically be sold and this will be set off against the debt owed by the customer. In addition, where firms take advantage of the derogation in CONC 5.3.4R (enabling the firm to base a creditworthiness assessment on the value of the pawned item), the customer’s financial liability is limited to the true market value of the item and so the customer will not be liable to any shortfall upon sale.
7.43 We recognise the force of these arguments. However, pawnbrokers have already been
contributing to the cost of MAS debt advice based on their income from lending, and we think it reasonable that they should continue to contribute in a similar way to other lenders. In addition, similar arguments could be advanced in relation to other business models, but a key objective for the FCA is to keep any new fee structure reasonably simple and straightforward. The new fee-block is based on the value of lending reported under SUP 16 Annex 38AR through column A of CCR003, which refers to the value outstanding on credit agreements at the end of the reporting period. In the case of pawnbroking, this would include the redemption value on loans that have not yet fallen due, or that have fallen due but have not been redeemed and the pawn has not passed to, or become realisable by, the firm.
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8.1 In this chapter we consult on the following further FCA fees policy proposals for
2018/19:
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8.8 SPFs are currently charged only where our additional costs exceed £50,000. We are
proposing to reduce this threshold to £25,000 for SPFs that relate to firms that are dual-regulated by us and the PRA. The SPFs for firms only regulated by us will remain at £50,000.
8.9 In Table 8.1 we set out the current and proposed revised hourly rates.
Table 8.1:
FCA pay grade Existing hourly rate (£) Proposed hourly rate (£) Administrator 30 45 Associate 55 75 Technical Specialist 100 130 Manager 110 145 Any other person employed by the FCA 160 255 Q5: Do you agree with our proposed modifications to the scope, hourly rates and threshold for Special Project Fees? If not, why not?
8.10 When a firm undertakes a SPF restructuring transaction it can result in new entities
seeking authorisation or existing firms seeking a variation in their permission (VoP) for which a separate fee is charged. The work carried out on such a restructuring transaction is interconnected with the work on the authorisation or VoP and it may be inequitable to charge the authorisation or VoP fee. Under our FEES 2.317 relieving provisions if it appears to the FCA that in the exceptional circumstances of a particular case the payment of a fee would be inequitable, we may reduce or remit all or part of a fee. Where such a SPF restructuring transaction is undertaken we will, on a case-bycase basis, consider using the relieving provisions to not charge the authorisation or VoP fees. Consumer credit - definition of income for consumer hire agreements (FEES 4 Annex 11B, FEES 4 Annex 13 Table 2- draft rules in Appendix 2)
8.11 As we explained in Chapter 7, we are consulting on adjusting our definition of creditrelated income in FEES 4 Annex 11B and the guidance in FEES 4 Annex 13 Table 2
to take account of consumer hire agreements. The draft rules and guidance are in
Appendix 2. The main features of our proposal are:
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8.16 Following an amendment to the Consumer Rights (Payment Surcharges) Regulations
2012, all charges on the use of ‘personal’ credit cards have been unlawful since 13 January 2018. It is still permissible to impose charges on ‘commercial’ credit cards but we are not confident that our systems can infallibly distinguish between the two and we also believe it is good practice to avoid charges for the use of all credit cards. We have therefore stopped all surcharges on credit cards pending consultation. It would not have been necessary to consult on the removal of charges for personal cards but consultation is necessary in this instance because we wish to go beyond the statutory requirement. Q8: Do you have any comments on our proposal to remove surcharges on all payments by credit card? Fee-block A.9 (Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes) – valuation date (FEES 4, Annex 1A, Part 5 – draft rules in Appendix 2)
8.17 Firms in fee-blocks based on income are required to report their data on the basis
of the financial year ending during the calendar year ending 31 December. We have noticed that the valuation date for fee-block A.9 specifies that they should report data for the financial year ending 31 December. This makes no sense since it would exclude firms with different year-ends. We are not aware of any firms interpreting the rule in this way but we are correcting it for the sake of clarity and consistency. Since this is a drafting error, it does not require consultation but we are noting it for information.
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FCA regulated fees and levies: Rates proposals 2018/19 9 Financial Ombudsman Service general levy 2018/19 (FEES 5 Annex 1R – draft rules in Appendix 1) General Levy
9.1 In this chapter we consult on the 2018/19 fee rates for firms in the compulsory
jurisdiction (CJ) of the Financial Ombudsman Service. In Annex 4 we set out the proposed fee rates for firms in each industry block.18 In Appendix 1, we set out the draft rules for FEES 5.
9.2 Under the Financial Services and Markets Act (FSMA), the Financial Ombudsman
Service’s 2018/19 budget must be set before the financial year begins on 1 April 2018. The Financial Ombudsman Service’s consultation19 on its draft plan and budget opened on 13 December 2017. The consultation closed on 31 January 2018 and 29 responses were received. These are summarised in the Financial Ombudsman Service’s publication ‘Our plans for the year ahead 2018/19’ which is published on its website.20
9.3 The Financial Ombudsman Service presented their final budget to the FCA Board
in March 2018. The FCA Board approved the total budget of £289.8m for 2018/19, including the general levy, case fees and the number of free cases per firm.
9.4 Further details on the role of the Financial Ombudsman Service and a breakdown of its
budget are contained in its plans.
9.5 The FCA Board will make rules setting the CJ general levy fee rates in June, following
this consultation.
Budget and funding
9.6 The Financial Ombudsman Service must budget separately for the CJ and the
voluntary jurisdiction (VJ). Each of these jurisdictions is funded by a combination of annual fees (levies)21 and case fees.22 The majority of the Financial Ombudsman Service’s funding comes from case fees, which are currently invoiced and collected once cases have been resolved, or collected via the group account case fee arrangement. This is an arrangement where the largest business groups pay quarterly in advance based on expected volumes of complaints. 18 The Financial Ombudsman Service’s general levy is calculated using “industry blocks” which are similar but not identical to the FCA fee blocks. Each industry block has a minimum levy and, in most cases the levy then increases in proportion to the amount of “relevant business”(ie business done with private individuals) 19 www.financial-ombudsman.org.uk/publications/plan-budget 20 www.financial-ombudsman.org.uk/publications/plan-and-budget-2018-19pdf 21 The FCA’s power to raise the general levy from authorised firms arises from FSMA section 234 22 See FSMA Schedule 17 paragraph 15
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9.7 The general levy only applies to firms covered by the CJ23, and it is raised and collected
by the FCA. It is payable by all firms authorised or registered by us, including those that have not had any cases referred to the Financial Ombudsman Service, unless they have claimed exception because they do not deal with retail customers.24
9.8 The Financial Ombudsman Service collects a separate levy from financial businesses
that have signed up to its VJ. It also collects case fees from firms covered by the CJ and financial businesses covered by the VJ. CJ levy for 2018/19 Apportionment amongst fee blocks
9.9 In line with FEES 5.3.3G, the 2018/19 CJ levy is based on the Financial Ombudsman
Service’s forecasts for the proportion of resources that it expects to devote to cases from firms in each sector over the next financial year. The total amount that needs to be collected from the industry is then allocated across the respective industry blocks to produce the final tariff rate.
Table 9.1 Distribution of CJ levy based on the 2018/19 forecast of relevant business
Industry block Industry block description
Proposed levy as % of budget
I001 Deposit acceptors, home finance lenders and administrators 46.3% I002 Insurers: General 14.0% I003 The Society of Lloyds 0.1% I004 Insurers: Life 4.0% I005 Fund managers 1.0% I006 Operators, Trustees and depositaries of collective investment schemes 0.1% I007 Dealers as principal 0.1% I008 Advisory arrangers, dealers or brokers (holding client money) 2.0% I009 Advisory only firms and advisory, arrangers, dealers, or brokers (not holding client money) 2.0% I010 Corporate finance advisors 0.1% IA11 Authorised payment institutions 0.1% IS11 Small payment institutions and small e-money issuers 0.1% I013 Cash plan health providers 0.0% I014 Credit unions 0.1% I015 Friendly societies whose tax exempt business represents 95% or more of their total relevant business 0.0% 23 Authorised firms, payment service providers, electronic money issuers, consumers buy-to-let (CBTL) firms, designated finance platforms and designated credit reference agencies (See FEES 5.1) 24 See DISP 1.1.12R
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FCA regulated fees and levies: Rates proposals 2018/19 I016 Home finance lenders, advisers and arrangers 1.9% I017 General insurance mediation 21.9% IA18 Authorised electronic money institutions 0.0% IS18 Small electronic money institutions 0.0% I019 Consumer credit: limited 3.0% IA19 Consumer credit: limited (not for profit) 0.0% I020 Consumer Credit: full 3.2% IR21 Consumer buy-to-let 0.0% I22 Designated credit reference agencies (but excluding firms in any other industry block) 0.0% I23 Designated finance platforms (but excluding firms in any other industry block) 0.0%
9.10 The Financial Ombudsman Service has asked us to recover £24.5m and allocate this in
line with their forecast of where costs will fall. The proportions are similar to previous years and this reflects the Financial Ombudsman Service’s forecast that complaints volumes (excluding complaints about Payment Protection Insurance (PPI)) will remain broadly stable. Apportionment of the CJ levy within fee-blocks
9.11 Annex 4 sets out the proposed allocation of the CJ levy for 2018/19, with 2017/18 rates
for comparison, within each industry block.
9.12 There is a minimum levy in each industry block and the levy then increases in
proportion to the amount of ‘relevant business’ (i.e. business done with private individuals) that the firm does. In November 2017 we consulted on the proposal that we would no longer differentiate ‘relevant’ business for CJ participants however, as a result of the feedback, we have decided to allow firms to continue to report their relevant business where their volume of consumer business is low. Chapter 7 sets out the feedback to the proposal.
9.13 For 2018/19 we estimate that 88% of firms will pay only the minimum levy for their block.
9.14 Individual firms can calculate the impact of the proposed fees and levies using our
online calculator.25
9.15 The general tariff rates will be finalised in June 2018 for the 2018/19 fee period.
Q9: Do you have any comments on the proposed method of calculating the tariff rates for firms in each fee-block towards the CJ levy and our proposals for how the overall CJ levy should be apportioned? 25 www.fca.org.uk/firms/being-regulated/fees/calculator
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FCA regulated fees and levies: Rates proposals 2018/19 Fee payers should be aware that the draft fee rates and levies in Appendix 1 are calculated using estimated fee payer populations and tariff data. This means that final periodic fee rates and levies for 2018/19 – which will be made by our Board in June 2018 – could vary from those in this CP. CJ levy rates for insurers Insurers that pay the CJ levy in industry blocks I002 (Insurers: General) and I004 (Insurers: Life) should refer to the end of Chapter 3 as the information provided there in relation to FCA fee rates for A.3 and A.4 fee-blocks also applies to industry blocks I002 and I004. Insurers should also note that the CJ levy rates in Appendix 1 have been calculated using GWP tariff data. The final levy rates will be calculated taking into account the notifications we receive by 30 May from firms that choose to report ‘relevant’ GWP (i.e. business conducted with consumers), as discussed under paragraph 7.12 in Chapter 7. This will in itself have the impact of decreasing the total tariff data used to calculate the final levy rates for insurers and increase those levy rates compared to the draft rates in Appendix 1.
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FCA regulated fees and levies: Rates proposals 2018/19 10 Money Advice Service levies 2018/19 (FEES 7 Annex 1R – draft rules in Appendix 1)
10.1 In this chapter we consult on the levies proposed for the Money Advice Service for
2018/19. We also set out our proposed basis for recovering part of the 2018/19 funding requirement for the new Single Financial Guidance Body.
10.2 The total budget for the Money Advice Service is £83.5m, compared to £75m last year,
but only £82.5m will be levied for the reasons referred to in paragraph 10.11 below.
10.3 The proposed funding for the Money Advice Service in this consultation is:
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10.8 We are proposing to recover the £3.6m SFGB funding requirement in proportion to
the 2018/19 funding requirements for the Money Advice Service money advice levy, and debt advice levy and the Pension Wise pensions guidance levy. The SFGB money advice levy, debt advice levy and pensions guidance levy will be allocated to the same fee-blocks and in the same proportions used for the Money Advice Service and Pension Wise levies.
10.9 The proportion of the £3.6m SFGB funding requirement allocated to be recovered
through the SFGB money advice levy is £0.9m and £2.0m through the SFGB debt advice levy, as set out in Table A in Annex 5. We are proposing to allocate:
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Table 10.1: 2018/19 money advice levy amount compared to 2017/18
Movement
2018/19
£m
2017/18
£m £m %
Budget 27.2 27.0 0.2 0.7%
Underspend -1.0 -7.9 6.9 -87.7%
Consumer credit firms contribution – CC1 and CC2 fee-blocks (i) n.a. -3.2 3.2 n.a. Money advice levy amount 26.2 15.9 10.4 65.4% Notes:
(i) The 2017/18 £3.2m contribution from consumer credit firms was deducted from the £27.0m budget to calculate the £15.9m money advice levy amount. The 2018/19 £3.7m contribution from consumer credit firms has not been deducted from the £27.2m budget to calculate the £26.2m money advice levy amount and therefore under the 2018/19 and movement columns not applicable (n.a.) has been noted. The £3.7m contribution from consumer credit firms (CC1 and CC2 fee-blocks) has been included in
Table 10.2 as part of how the 2018/19 £26.2m money advice levy amount has been recovered across all
fee-blocks.
10.13 The general principles in the 2018/19 Money Advice Service Plan are:
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10.16 As set out in Table 10.1 from 2018/19 we are including the contribution to money
advice funding from consumer credit firms (CC1 and CC2 fee-blocks) in the overall money advice levy amount.
10.17 Table 10.2 sets out how the allocation method is reflected across fee-blocks and the
movement between the amounts allocated to each fee-block in 2018/19 as compared to 2017/18.
10.18 We are proposing to maintain the minimum fee at £10 for 2018/19. The allocation to
the A.0 minimum fee-block reflects the number of estimated authorised firms at the 1 April 2018 and will be updated to reflect the actual number when we publish the Policy Statement in July 2018.
Table 10.2: Proposed money advice allocation method 2018/19 by fee-block
Fee-Block
2017/18
Allocation
£m
2018/19 Allocation £m using
Usage/Levy/Outcomes
2018/19
Allocation
£m Movement
Money advice levy:
Usage Levy Outcomes
A.0 Minimum fee 0.1 0.0 0.2 78.9%
A.1 Deposit acceptors 3.6 1.4 1.3 2.2 4.9 35.5% A.2 Home finance providers and administrators
2.9 3.3 0.3 0.4 4.0 38.4%
A.3 Insurers - general 1.5 0.1 0.5 1.7 2.3 59.7% A.4 Insurers - life 2.3 0.8 0.8 1.7 3.3 42.0% A.5 Lloyd’s managing agents 0.0 n.a. A.6 The Society of Lloyds' 0.0 n.a. A.7 Portfolio managers 0.8 0.0 0.9 0.4 1.3 62.5% A.9 Operators, trustees and depositaries of collective investment schemes etc
0.8 0.6 0.2 0.4 1.3 60.5%
A.10 Firms dealing as principal 0.9 0.0 1.0 0.4 1.4 62.6% A.13 Advisers, arrangers, dealers or brokers
1.9 0.7 1.5 0.0 2.2 16.2%
A.14 Corporate finance advisers 0.2 0.0 0.3 0.0 0.3 61.8% A.18 Home finance providers, advisers and arrangers
0.2 0.0 0.3 0.0 0.3 37.2%
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0.2 0.0 0.3 0.0 0.3 46.4%
CC1 & CC2 Consumer Credit
Firms (i) n.a. 1.7 0.7 1.3 3.7 n.a.
G Firms covered by Payment
Services Regulations 2017
(PSRs) and Electronic Money
Regulations 2011 (EMRs)
0.1 0.0 0.1 0.0 0.1 76.5%
Total 15.9 8.7 26.2 65.4%
Notes:
(i) The contribution to the money advice levy amount from consumer credit firms (CC1 and CC2 fee-blocks) has been included in this table for the first time. For 2018/19 that contribution is £3.7m. The 2017/18 contribution of £3.2m was not included in the calculation of the £15.9m 2017/18 money advice levy amount and therefore under the 2017/18 and movement columns not applicable (n.a.) has been noted. Insurers tariff data from 2018/19
10.19 In Chapter 7 of this consultation paper (CP) we provide feedback on the CP17/38
consultation for revised tariff data for insurers from 2018/19. The final FCA FEES 4 rules are in Appendix 4. The money advice levy A.3 (Insurers – general) and A.4 (Insurers – life) fee-blocks use the same tariff data as the FCA’s A.3 and A.4 fee-blocks. We have included the resulting consequential changes to the money advice levy FEES 7 rules in Appendix 1. Q11: Do you have any comments on the proposed 2018/19 Money Advice Service levy rates for money advice? Funding and budget for debt advice
10.20 The Money Advice Service took on responsibility for coordinating debt advice in April
2012. The budget for this activity in 2018/19 will be £56.3m, compared to £48m in
2017/18. The Money Advice Service expects to deliver high quality, free debt advice sessions to 520,000 people in 2018/19. This is 52,000 more than in 2017/18. The additional funding for debt advice will also fund improved training for debt advisors.
10.21 Once the SFGB is in operation, debt advice in Scotland, Northern Ireland and Wales will
be delivered through the Devolved Authorities and it will be funded by the debt advice levy. We will not specifically raise fees for the Devolved Authorities in 2018/19. Allocation of debt advice funding
10.22 In our last consultation on this topic (CP17/38), we proposed that debt advice funding
currently recovered from firms in the A.1 fee block should instead be recovered from firms that undertake consumer credit lending through the new fee-block, CC3 (consumer credit lending), using the value of lending as the measure of size of the firms
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FCA regulated fees and levies: Rates proposals 2018/19 within the fee-block (tariff base). Debt advice funding would no longer be recovered through the CC1 and CC2 consumer credit fee-blocks.
10.23 As set out in CP17/38, we will not change the way firms in the A.2 fee-block are
levied. We will use a model that accounts for both total lending and write off levels and is based on Bank of England data. Feedback on the responses to the proposals in CP17/38 is set out in Chapter 7.
10.24 Credit unions which fall under the CC3 fee-block will not pay the debt advice levy on
the first £2m of their lending. As Community Finance Organisations (CFOs) are similar to credit unions, we will apply the same concession to CFOs as for credit unions.
10.25 Table 10.3 sets out the 2018/19 debt advice funding to fee-blocks compared to
2017/18.
Table 10.3: Proposed allocation of 2018/19 debt advice funding to fee-blocks compared
to 2017/18
Debt advice levy:
Allocation
2017/18
£m
Allocation
2018/19 based on
50% Write
Offs
2018/19
Allocation
£m Movement
A.1 Deposit acceptors 20.9 n.a. 0.0 -100.0% A.2 Home finance providers and administrators
21.3 28.2 28.2 32.0%
CC3 Consumer credit lending n.a. 28.2 28.2 n.a.
Total 42.2 56.3 56.3
Q12: Do you have any comments on the proposed 2018/19 Money Advice Service levy rates for debt advice?
10.26 Debt advice funding is no longer recovered through the CC1 and CC2 consumer credit
fee-blocks and from 2018/19 these fee-blocks only contribute to the recovery of money advice funding as set out in Table 10.2. This is reflected in the variable levy rate rules in Appendix 1 for these fee-blocks which has decreased from £0.37 in 2017/18 to £0.10 for 2018/19. This is in line with the decrease indicated in CP17/38. Fee payers should be aware that the draft fee rates and levies in Appendix 1 and 3 are calculated using estimated fee-payer populations and tariff data. This means that final periodic fee rates and levies for 2018/19 – which will be made by our Board in June 2018 – could vary from those in this CP. Money advice levy rates for insurers Insurers that pay the Money Advice Service money advice levy and the SFGB money advice levy in the A3 (insurers – general) and A4 (insurers – life) fee-blocks should refer to the end of Chapter 3 as the information provided there in relation to FCA fee rates for A.3 and A.4 fee-blocks also applies to these levy rates.
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Chapter 11
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 11 Pension Wise pensions guidance levies (FEES 10 and 11, draft rules in Appendix 1)
11.1 In this chapter, we set out our proposed 2018/19 Pension Wise:
CP18/10
Chapter 11
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FCA regulated fees and levies: Rates proposals 2018/19 the pension reforms.27 The range of such products/services is wide and includes cash savings accounts, annuities, income draw down, investment funds/schemes and other guaranteed income-generating products that may emerge, as well as the services of financial advisers and managers of investments.
11.6 The framework also includes a policy of equal allocation of Pension Wise funding
across the five PGL fee blocks with the following two exceptions:
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Table 11.2: 2018/19 Pension Wise funding allocations
PGL fee-blocks
Proposed 2018/19 Actual 2017/18
£m % £m %
A.1 Deposit acceptors 4.9 24 4.1 24
A.4 Insurers – life 4.9 24 4.1 24
A.7 Portfolio managers 4.9 24 4.1 24
A.9 Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes
3.2 16 2.8 16
A.13 Advisory arrangers, dealers or brokers 2.4 12 2.1 12 Total 20.3 100 17.2 100 Insurers tariff data from 2018/19
11.9 In Chapter 7 of this consultation paper (CP) we provide feedback on the CP17/38
consultation for revised tariff data for insurers from 2018/19. The final FCA FEES 4 rules are in Appendix 4. The PGL A.4 (Insurers – life) fee-block use the same tariff data as the FCA’s A.4 fee-block. We have included the resulting consequential changes to the PGL FEES 10 rules in Appendix 1. Q13: Do you have any comments on the proposed 2018/19 pensions guidance levy (PGL) rates? Fee payers should be aware that the draft PGL rates in Appendix 1 are calculated using estimated fee-payer populations and tariff data. This means that final PGL rates for 2018/19 – which will be made by our Board in June 2018 – could vary from those in this CP. Pension Wise pensions guidance levy rates for insurers Insurers that pay the Pension Wise pensions guidance levy in the A4 (insurers – life) fee-block should refer to the end of Chapter 3 as the information provided there in relation to FCA fee rates for the A.4 fee-block also applies to these levy rates. Pensions guidance providers’ levy
11.10 The Pension Wise service is provided through designated guidance providers (DGPs)
which currently are those listed in Table 11.3. We recover our pensions guidance costs from the DGPs. These costs can include our costs of setting the standards for giving pensions guidance by the DGPs and monitoring their compliance with meeting those standards.
11.11 Our 2018/19 annual funding requirement, discussed in Chapter 2, includes our
budgeted pensions guidance costs of £45,000 allocated to the H fee-block. We are
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FCA regulated fees and levies: Rates proposals 2018/19 proposing an equal allocation of these costs across the DGPs as set out in Table 11.3, the same as for 2017/18.
11.12 The £45,000 total levy represents part of the Department of Work and Pensions’
estimated £20.3m funding requirement for providing Pension Wise in Table 11.1.
Table 11.3: 2018/19 allocation of FCA monitoring costs
Designated guidance providers
2018/19
£
2017/18
£
The Pensions Advisory Service Limited 11,250 13,500 National Association of Citizens Advice Bureaux 11,250 13,500 Scottish Association of Citizens Advice Bureaux 11,250 13,500 Northern Ireland Association of Citizens Advice Bureaux 11,250 13,500 Total 45,000 54,000 Q14: Do you have any comments on the proposed 2018/19 pensions guidance providers’ (PGPL) levy rates? Single Financial Guidance Body (FEES 7A, draft rules in Appendix 3)
11.13 The new Single Financial Guidance Body (SFGB) will bring together the Money
Advice Service, The Pensions Advisory Service, and Pension Wise. On 22 June 2017 the Government introduced the Financial Guidance and Claims Bill (FG & C Bill) in the House of Lords. Royal Assent is expected to be in April 2018. The Government anticipates that the SFGB will be launched no earlier than autumn 2018. It will be funded by levies on firms regulated by the FCA and through the General Levy on pensions schemes. We are proposing new rules in FEES 7A to raise levies for these SFGB functions, which mirror existing Money Advice Service money advice and debt advice rules, and Pension Wise pensions guidance rules.
11.14 To setup the SFGB, the Government has instructed the FCA to collect £3.6m which will
be used to fund the creation of the new body, transfer of staff from the Money Advice Service and Pension Wise and the transfer of assets to the new body from the existing services. This value is in addition to the current business plans of the existing services.
11.15 We are proposing to recover the £3.6m SFGB funding requirement in proportion to
the 2018/19 funding requirements for the Money Advice Service money advice levy and debt advice levy and the Pension Wise pensions guidance levy. The SFGB money advice levy, debt advice levy and pensions guidance levy will be allocated to the same fee-blocks and in the same proportions used for the Money Advice Service and Pension Wise levies.
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11.16 The proportion of the £3.6m SFGB funding requirement allocated to be recovered
through the SFGB pensions guidance levy is £0.7m as set out in Table A in Annex 5. In
Table D of Annex 5 we set out the allocation of the £0.7m across the SFGB pensions
guidance levy fee-blocks which are the same fee-blocks and in the same proportions as used for recovering the Pension Wise pensions guidance levy.
11.17 The SFGB pensions guidance levy rates are included in FEES 7A Annex 3R in Appendix
3 which will enable firms to calculate their individual SFGB pensions guidance levy. The Fees Calculator will combine the SFGB pensions guidance levy with the Pension Wise pensions guidance levy. Firms 2018/19 invoice will also show the SFGB pensions guidance levy combined with the Pension Wise pensions guidance levy. Q15: Do you have any comments on the proposed FEES 7A rules for the SFGB pensions guidance levy and the proposed basis for recovering the 2018/19 SFGB funding requirement through the SFGB pensions guidance levy? Fee payers should be aware that the draft SFGB pensions guidance levy rates in
Appendix 3 are calculated using estimated fee-payer populations and tariff data. This
means that final SFGB pensions guidance levy rates for 2018/19 – which will be made by our Board in June 2018 – could vary from those in this CP. SFGB pensions guidance levy rates for insurers Insurers that pay the SFGB pensions guidance levy in the A4 (insurers – life) fee-block should refer to the end of Chapter 3 as the information provided there in relation to FCA fee rates for the A.4 fee-block also applies to these levy rates.
CP18/10
Chapter 12
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 12 Illegal money lending levy
12.1 In this chapter, we set out the proposed 2018/19 illegal money lending (IML) levy rates.
12.2 The IML levy is raised to recover the expenses that the Treasury incurs in providing
funding for the teams tackling illegal money lending. Under s333T28 of FSMA our responsibility is to calculate the levy rates, collect the levy from firms and pay the revenues collected to the Treasury, after deducting our administration costs.
12.3 The Treasury has notified us that their 2018/19 illegal money lending expenses will
be £5.6m29 (£5.0m in 2017/18). This is an estimate and may be revised when the IML levy rates are finalised in June 2018. The IML levy rates to recover this amount from consumer credit firms are set out in Table 12.1.
Table 12.1: 2018/19 IML levy rates
Type of firm Fee
CC1. Limited permission £5 flat rate
CC2. Full permission Up to £250,000 consumer credit income: £10 minimum levy Over £250,000 consumer credit income: £10 + £0.210 per £1,000 Q16: Do you have any comments on the proposed 2018/19 illegal money lending (IML) levy rates? Fee payers should be aware that the draft IML variable levy rate in Appendix 1 is calculated using estimated fee payer populations and tariff data. This means that final IML variable levy rate for 2018/19 – which will be made by our Board in June 2018 – could vary from those in this CP. 28 Introduced to FSMA by the Bank of England and Financial Services Act 2016, 29 Includes FCA collection costs of £86,400 (£83,000 2017/18).
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 1
List of questions
Q1: Do you have any comments on the proposed FCA 2018/19 minimum fees and variable periodic fee rates for authorised firms? Q2: Do you have any comments on the proposed FCA 2018/19 minimum fees and periodic fee rates for fee payers other than authorised firms? Q3: Do you have any comments on the proposed revised Financial Penalty Scheme? Q4: Do you have any comments on the proposed 2018/19 ring-fencing implementation fee? Q5: Do you agree with our proposed modifications to the scope, hourly rates and threshold for Special Project Fees? If not, why not? Q6: Do you have any comments on our proposal to adjust our definition of credit-related income to take account of consumer hire agreements? Q7: Do you have any comments on our clarifications of the definition of income for recognised investment exchanges (RIEs) and benchmark administrators? Q8: Do you have any comments on our proposal to remove surcharges on all payments by credit card? Q9: Do you have any comments on the proposed method of calculating the tariff rates for firms in each fee-block towards the CJ levy and our proposals for how the overall CJ levy should be apportioned? Q10: Do you have any comments on the proposed FEES 7A rules for the SFGB money advice and debt advice levies and the proposed basis for recovering the 2018/19 SFGB funding requirement through the SFGB money advice and debt advice levies? Q11: Do you have any comments on the proposed 2018/19 Money Advice Service levy rates for money advice? Q12: Do you have any comments on the proposed 2018/19 Money Advice Service levy rates for debt advice?
CP18/10
Annex 1
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 Q13: Do you have any comments on the proposed 2018/19 pensions guidance levy (PGL) rates? Q14: Do you have any comments on the proposed 2018/19 pensions guidance providers’ (PGPL) levy rates? Q15: Do you have any comments on the proposed FEES 7A rules for the SFGB pensions guidance levy and the proposed basis for recovering the 2018/19 SFGB funding requirement through the SFGB pensions guidance levy? Q16: Do you have any comments on the proposed 2018/19 illegal money lending (IML) levy rates?
CP18/10
Annex 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 2
Compatibility statement
CP18/10
Annex 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 raise the general levy to fund its activities in 2018/19 will indirectly meet its statutory function of providing a scheme for the quick and informal resolution of disputes between financial services firms and their customers. The proper functioning of the Financial Ombudsman Service also helps us to meet our consumer protection objective.
8. In the case of the Money Advice Service, the proposals in this consultation to raise the
levies to fund its activities in 2018/19 will indirectly meet its statutory objectives of:
CP18/10
Annex 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
CP18/10
Annex 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 proportion of resources it expects to devote in 2018/19 to cases from firms in each sector. Money Advice Service
CP18/10
Annex 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 – subject to minimum thresholds of size and minimum fees, fee-payers pay fees in each fee-block in line with the scale of the business they undertake in each fee-block
CP18/10
Annex 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
11. Our proposals in chapter 8 on consumer hire agreements follows up a discussion
chapter we inserted into CP17/38, in which we reviewed these agreements in relation
to fees and invited firms to present their views on the appropriateness of our current definition.
12. In chapter 8, we propose clarifications to some of the definitions we use for fees
purposes to avoid any risk of ambiguity.
Expected effect on mutual societies
13. We do not expect the proposals in this paper to have a significantly different impact
on mutual societies. The impact of the fees and levy rates proposed for 2018/19 for the FCA, the Financial Ombudsman Service, the Money Advice Service, the pensions guidance levy, the SFGB levies and the illegal money lending levy on authorised firms that are mutual societies is not significantly different from the impact on other authorised firms.
CP18/10
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 Compatibility with the duty to promote effective competition in the interests of consumers
14. The proposals set out in this consultation enable us to fund the activities we need to
undertake in 2018/19. These activities include meeting our duty to promote effective competition in the interests of consumers.
15. Additionally, the levels of fees set for different types of firms support our objective of
promoting effective competition. For example, the allocation of our AFR to fee-blocks on which the fee rates are based takes account of the aggregate riskiness of the sector they represent and the recovery of allocations within the fee-blocks is based on the size of business undertaken by the individual firms.
16. The Pension Wise pensions guidance levy is raised from a subset of our ‘A’ fee-blocks.
This approach has been adopted as we consider that this incorporates the wider range of products and services that consumers could purchase after using the pension guidance (and, therefore, the range of firms that could compete for those consumers’ business). We consider that our proposals on allocation of costs across the pensions guidance levy (PGL) fee-blocks is reasonable until data on which financial products and services consumers are using as a result of the pension reforms becomes available. Such data will need to be specific to each PGL fee-block and measurable to enable the potential benefit to firms in one fee-block to be compared to firms in another.
17. The proposed SFGB pensions guidance levy rules uses the same subset of our
‘A’ fee-blocks and allocation basis as the Pension Wise pensions guidance levy. We therefore believe that the statement in paragraph 16 also applies to the SFGB pensions guidance levy.
CP18/10
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 3
Financial Penalty Scheme
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Annex 3
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
CP18/10
Annex 4
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 4
Financial Ombudsman Service general levy- overview and industry blocks Industry Block Description Tariff Base Consultation 2018/19 tariff rate (£) Final 2017/18 tariff rate (£) Consultation 2018/19 minimum levy per firm (£) Final 2017/18 minimum levy per firm (£) Consultation 2018/19 gross total Final 2017/18 gross total Consultation 2018/19 contribution by block Final 2017/18 contribution by block I001 Deposit acceptors, home finance lenders and administrators Per relevant account
0.04388 0.04454 100 100 £11,347,527 £11,551,793 46.3% 47.2%
I002 Insurers - General
Per £1,000 of gross written premium income
0.0540 n.a. 100 n.a. £3,430,000 £3,516,776 14.0% 14.4%
I003 The Society of Lloyds Flat Levy n.a. n.a. 25,989 25,989 £25,989 £25,989 0.1% 0.1% I004 Insurers - Life Per £1,000 of gross written premium income
0.0085 n.a. 130 n.a. £978,176 £978,176 4.0% 4.0%
I005 Fund managers Flat Levy n.a. n.a. 230 230 £232,899 £232,899 1.0% 1.0% I006 Operators, Trustees and Depositaries of collective investment schemes Flat Levy n.a. n.a. 60 60 £23,290 £23,290 0.1% 0.1% I007 Dealers as principal Flat Levy n.a. n.a. 75 75 £23,290 £23,290 0.1% 0.1%
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 Industry Block Description Tariff Base Consultation 2018/19 tariff rate (£) Final 2017/18 tariff rate (£) Consultation 2018/19 minimum levy per firm (£) Final 2017/18 minimum levy per firm (£) Consultation 2018/19 gross total Final 2017/18 gross total Consultation 2018/19 contribution by block Final 2017/18 contribution by block I008 Advisory arrangers, dealers or brokers (holding client money) Per £1,000 of annual income
0.13 0.1500 45 45 £489,088 £489,088 2.0% 2.0%
I009
Advisory only firms and advisory, arrangers, dealers, or brokers (not holding client money) Per £1,000 of annual income
0.031 0.07 45 45 £489,088 £489,088 2.0% 2.0%
I010
Corporate finance advisors
Flat Levy n.a. n.a. 55 55 £23,290 £23,290 0.1% 0.1% IA11 Authorised payment service providers Per £1,000 of relevant Income
0.0003 0.0007 75 75 £23,290 £23,290 0.1% 0.1%
IS11
Small payment institutions and small e-money issuers Flat Levy n.a. n.a. 35 35 £23,290 £23,290 0.1% 0.1% I013 Cash plan health providers Flat Levy n.a. n.a. 65 65 £780 £780 0.0% 0.0% I014 Credit unions Flat Levy n.a. n.a. 55 55 £23,290 £23,290 0.1% 0.1%
CP18/10
Annex 4
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 Industry Block Description Tariff Base Consultation 2018/19 tariff rate (£) Final 2017/18 tariff rate (£) Consultation 2018/19 minimum levy per firm (£) Final 2017/18 minimum levy per firm (£) Consultation 2018/19 gross total Final 2017/18 gross total Consultation 2018/19 contribution by block Final 2017/18 contribution by block I015 Friendly societies whose tax exempt business represents 95% or more of their total relevant business Flat Levy n.a. n.a. 65 65 £3,640 £3,640 0.0% 0.0% I016 Home finance lenders, advisers and arrangers Flat Levy n.a. n.a. 90 90 £465,798 £465,798 1.9% 1.9% I017 General insurance mediation Per £1,000 of relevant business annual income
0.428 0.471 100 100 £5,375,300 £5,403,258 21.9% 22.1%
IA18
Authorised electronic money institutions
Per average outstanding electronic money
0.0007 0.0007 40 75 £2,500 £2,500 0.0% 0.0%
IS18
Small electronic money institutions
Flat Levy n.a. n.a. 50 50 £475 £475 0.0% 0.0%
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 Industry Block Description Tariff Base Consultation 2018/19 tariff rate (£) Final 2017/18 tariff rate (£) Consultation 2018/19 minimum levy per firm (£) Final 2017/18 minimum levy per firm (£) Consultation 2018/19 gross total Final 2017/18 gross total Consultation 2018/19 contribution by block Final 2017/18 contribution by block I019 Consumer Credit - Limited Flat Levy n.a. n.a. 35 35 £732,550 £765,083 3.0% 3.1% IA19 Consumer Credit - Limited - Not for Profit Flat Levy n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. I020 Consumer Credit - Full Per £1,000 of consumer Credit Income
0.012 (on
income over
£250,000 plus minimum fee)
0.012 (on
income over
£250,000 plus minimum fee)
35 35 £786,450 £434,917 3.2% 1.8%
IR21 Consumer Buy to Let Flat Levy n.a. n.a. 35 35 n.a. n.a. 0.0% 0.0% Total - all blocks £24,500,000 £24,500,000 100.0% 100.0%
CP18/10
Annex 5
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 5
Allocation of 2018/19 Single Financial Guidance Body (SFGB) funding requirement
Table A: SFGB funding requirement allocation across levies
2018/19 funding
(£m) Proportion
2018/19 funding
(£m) Proportion
Money Advice
Service - money advice levy (i)
26.2 25.5% SFGB – money
advice levy
0.9 25.5%
Money Advice
Service - debt advice levy
56.3 54.8% SFGB – debt
advice levy
2.0 54.8%
Pension Wise - pensions guidance levy
20.3 19.7% SFGB – pensions
guidance levy
0.7 19.7%
Total 102.8 100.0% Total 3.6 100.0%
(i) £27.2m 2018/19 budget less £1.0m 2017/18 estimated underspend.
Table B: SFGB money advice levy allocation across fee-blocks
Fee-Block
2018/19
Money Advice Service – money advice levy
2018/19
SFGB – money advice levy
Allocation
£m Proportion
Allocation
£m Proportion
A.0 Minimum fee 0.2 0.7% 0.00 0.0%
A.1 Deposit acceptors 4.9 18.6% 0.17 18.8% A.2 Home finance providers and administrators 4.0 15.4% 0.14 15.5% A.3 Insurers - general 2.4 8.9% 0.08 9.0% A.4 Insurers - life 3.3 12.6% 0.11 12.7% A.5 Lloyd’s managing agents 0.0 0.0% 0.00 0.0% A.6 The Society of Lloyds’ 0.0 0.0% 0.00 0.0% A.7 Portfolio managers 1.3 4.9% 0.04 5.0% A.9 Operators, trustees and depositaries of collective investment schemes etc
1.3 4.9% 0.04 4.9%
A.10 Firms dealing as principal 1.4 5.5% 0.05 5.5%
CP18/10
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 A.13 Advisers, arrangers, dealers or brokers
2.2 8.2% 0.08 8.3%
A.14 Corporate finance advisers 0.3 1.0% 0.01 1.0% A.18 Home finance providers, advisers and arrangers 0.3 1.2% 0.01 1.2% A.19 General insurance mediation 0.6 2.5% 0.02 2.5% A.21 Firms holding client money or assets
0.3 1.0% 0.01 1.0%
CC1. Consumer credit – limited permission
CC2. Consumer credit full permission
3.7 14.1% 0.13 14.2%
G Firms covered by Payment
Services Regulations 2017 (PSRs) and Electronic Money Regulations 2011 (EMRs)
0.1 0.5% 0.00 0.5%
Total 26.2 100.0% 0.90 100.0%
Table C: SFGB debt advice levy allocation across fee-blocks
Fee-Block
2018/19
Money Advice Service – debt advice levy
2018/19
SFGB – debt advice levy
Allocation
£m Proportion
Allocation
£m Proportion
A.2 Home finance providers and administrators
28.2 50.0% 1.0 50.0%
CC.3 Consumer credit lending 28.2 50.0% 1.0 50.0% Total 56.3 100.0% 2.0 100.0%
Table D: SFGB pensions guidance levy allocation across fee-blocks
Fee-Block 2018/19
Pension Wise – pensions guidance levy
2018/19
SFGB – pensions guidance levy
Allocation
£m Proportion
Allocation
£m Proportion
A.1 Deposit acceptors 4.9 24.0% 0.17 24.0% A.4 Insurers - life 4.9 24.0% 0.17 24.0% A.7 Portfolio managers 4.9 24.0% 0.17 24.0% A.9 Operators, trustees and depositaries of collective investment schemes etc
3.2 16.0% 0.11 16.0%
A.13 Advisers, arrangers, dealers or brokers
2.4 12.0% 0.09 12.0%
Total 20.3 100.0% 0.71 100.0%
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 6
List of non-confidential respondents to CP17/38 Association of British Credit Unions Limited Association of British Insurers Association of Financial Mutuals Association of Mortgage Intermediaries Aviva plc AXA UK British Vehicle Rental and Leasing Association Building Societies Association Chartered Institute of Credit Management Consumer Finance Association Credit Services Association Finance & Leasing Association International Underwriting Association Invigors EMEA LLP Kennet Equipment Leasing Ltd Launch Tech UK Ltd National Pawnbrokers Association 1pm (UK) Limited Royal & Sun Alliance Insurance plc The SimplyBiz Group plc Society of Pension Professionals
CP18/10
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Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Annex 7
Abbreviations used in this paper used in t AFR Annual funding requirement AIF Alternative investment fund AIFM Alternative investment fund managers APIs Authorised payment institutions BA Benchmark administrators BEL Best estimate liabilities CASS Client Money Assets sourcebook CFEB Consumer Financial Education Body CFOs Community Finance Organisations CIS Collective investment schemes CJ Compulsory jurisdiction CP Consultation Paper DA Devolved Authorities DGP Designated guidance providers DPB Designated professional bodies EEA European Economic Area EMI Electronic money institution EMR Electronic money regulations EU European Union FCA Financial Conduct Authority FEES Fees manual FG&C Bill Financial Guidance and Claims Bill
CP18/10
Annex 7
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 FPS Financial Penalty Scheme FSA Financial Services Authority FSBRA Financial Services (Banking Reform) Act 2013 FSCS Financial Services Compensation Scheme FSMA Financial Services and Markets Act GWP Gross written premium IML Illegal money lending MCD Mortgage Credit Directive MiFID II Markets in Financial Instruments Directive II MiFIR Markets in Financial Instruments Regulation MLRs Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 MTF Multilateral trading facility OFT Office of Fair Trading OPBAS The Office for Professional Body Anti-Money Laundering Supervision ORA Ongoing regulatory activities OTF Organised trading facility PGL Pensions guidance levy PGPL Pensions guidance providers’ levy PPI Payment protection insurance PRA Prudential Regulation Authority PS Policy Statement PSD2 Payment Services Directive 2 RAISP Registered account information service providers RAO Regulated Activities Order RIE Recognised investment exchange
CP18/10
Annex 7
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19 RCB Regulated covered bonds RFIF Ring-fencing implementation fee SC Service companies SFGB Single Financial Guidance Body SM&CR Senior Managers and Certification Regime SPF Special project fee UCITS Undertakings for collective investment in transferable securities UKLA UK Listing Authority VJ Voluntary jurisdiction We have developed the policy in this Consultation Paper in the context of the existing UK and EU regulatory framework. The Government has made clear that it will continue to implement and apply EU law until the UK has left the EU. We will keep the proposals under review to assess whether any amendments may be required in the event of changes in the UK regulatory framework in the future. 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. All our publications are available to download from www.fca.org.uk. If you would like to receive this paper in an alternative format, please call 020 7066 9644 or email: publications_graphics@fca.org.uk or write to: Editorial and Digital team, Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS
CP18/10
Appendix 1
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Appendix 1
Periodic Fees (2018/19) and
Other fees Instrument 2018 (draft rules)
FCA 2018/XX
PERIODIC FEES (2018/2019) AND OTHER FEES INSTRUMENT 2018 Powers exercised A. The Financial Conduct Authority makes this instrument in the exercise of:
(1) the following powers and related provisions in or under the Financial Services and Markets Act 2000 (“the Act”):
(a) section 73A (Part 6 Rules);
(b) section 137A (The FCA’s general rules); (c) section 137T (General supplementary powers); (d) section 213 (The scheme); (e) section 214 (Provisions of the scheme); (f) section 234 (Industry funding); (g) section 333Q (Funding of the FCA’s pensions guidance costs); (h) section 333R (Funding of the Secretary of State's pensions guidance costs); (i) section 333T (Funding of action against illegal money lending); (j) paragraph 23 (Fees) in Part 3 (Penalties and Fees) of Schedule 1ZA (The Financial Conduct Authority); (k) paragraph 12 in Part 2 (Funding) of Schedule 1A (Further provision about the Consumer Financial Education Body); and (2) regulation 118 (Costs of supervision) of the Payment Services Regulations 2017 (SI 2017/752); (3) regulation 59 (Costs of supervision) of the Electronic Money Regulations 2011 (SI 2011/99); (4) regulation 46 and paragraph 5 of Schedule 1 (Fees) in the Regulated Covered Bond Regulations 2008 (SI 2008/346); (5) 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 Mortgage Credit Directive Order 2015 (SI 2015/910); and (6) regulation 40 (FCA: penalties, fees and exemption from liability in damages) of the Data Reporting Services Regulations 2017 (SI 2017/699) B. The rule-making powers listed above are specified for the purpose of section 138G (Rule-making instruments) of the Act. Commencement
C. This instrument comes into force on [date] 2018.
Amendments to the Handbook
FCA 2018/XX
D. The Fees manual (FEES) is amended in accordance with the Annex to this instrument. Citation E. This instrument may be cited as the Periodic Fees (2018/2019) and Other Fees Instrument 2018. By order of the Board [date] 2018
FCA 2018/XX
[Editor’s note: the text in this Annex takes account of the changes to FEES 4 Annex 2AR and 4 Annex 15R as proposed in PS17/28 ‘Handbook changes to reflect the application of the EU Benchmarks Regulation: Feedback to CP17/17 and near-final rules’ (December 2017) as if they were made.]
Annex
In this Annex, underlining indicates new text and striking through indicates deleted text. 4 Periodic fees
4.2 Obligation to pay periodic fees
…
4.2.11R Table of periodic fees payable to the FCA 1 Fee payer 2 Fee payable 3 Due date 4 Events occurring during the period leading to modified periodic fee … Persons who hold a certificate issued by the FCA under
article 54 of
the Regulated
Activities
Order
(Advice given in newspapers etc.)
£1,095 £1,128 (1) Unless (2) applies, on or before 1 August or, if later, within 30 days of the date of the invoice (2) If an event in column 4 occurs during the course of a fee year, 30 days after the occurrence of that event Certificate issued to person by FCA under article 54 RAO of the Regulated Activities Order … 4 Annex 2AR FCA Fee rates and EEA/Treaty firm modifications for the period from 1 April 2018 to 31 March 2019
Part 1
FCA 2018/XX
…
Activity group Fee payable
A.1 Band width (£million of
Modified Eligible Liabilities
(MELs))
Fee (£/£m or part £m of MELs)
General Periodic fee
10 - 140 15.43 14.725
140 - 630 15.43 14.725
630 - 1,580 15.43 14.725
1,580 - 13,400 19.29 18.406
13,400 25.46 24.296
The tariff rates in A.1 are not relevant for the permissions relating to operating a dormant account fund. Instead a flat fee of £6,060 £6,242 is payable in respect of these permissions. A.2 Band width (No. of mortgages and/or home finance transactions) Fee (£/mortgage) >50 2.30 2.395 A.3 Gross written premium for fees purposes (GWP) Periodic fee Band Width ( £million of GWP) Fee (£/m or part £m of GWP) >0.5 [tbc] 323.09 PLUS Best estimate liabilities for fees purposes (BEL) General Periodic fee Band Width (£million of BEL) Fee (£/£m or part £m of BEL) >1 [tbc] 18.13 For UK ISPVs the tariff rates are not relevant and a flat fee of £[tbc] 485 is payable in respect of each FCA financial year (the 12 months ending 31 March).
FCA 2018/XX
A.4 Gross written premium for fees purposes (GWP) General Periodic fee Band Width (£million of GWP) Fee (£/£m or part £m of GWP) >1 [tbc] 225.03 PLUS Best estimate liabilities for fees purposes (BEL) General Periodic fee Band Width (£million of BEL) Fee (£/£m or part £m of BEL) >1 [tbc] 8.54 A.5 Band Width (£million of Active Capacity (AC)) Fee (£/£m or part £m of AC) >50 7.70 6.96 A.6 Flat fee (£) 334,939 344,067 A.7 For class 1(C), (2), (3) and (4) firms:
Band Width (£million of
Funds under Management
(FuM))
Fee (£/£m or part £m of FuM)
10 6.09 5.696
For class 1(B) firms: the fee calculated as for class 1(C) firms above, less 15%. For class 1(A) firms: the fee calculated as for class 1(C) firms above, less 50%. A.9 Band Width (£million of Gross Income (GI)) Fee (£/£m or part £m of GI) >1 1,003.52 812.55 A.10 Band Width (No. of traders) Fee (£/person) >1 5,473.78 5,525.38 For firms carrying on auction regulation bidding, the fee in A.10 is calculated as above less 20% for each trader that carries on auction regulation bidding but not MiFID business bidding or dealing in investments as principal.
FCA 2018/XX
A.13 Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 2.756 2.599 A.14 Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 1.79 1.62 A.18 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 12.44 11.29 A.19 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 1.751 1.649 A.21 Client money Band Width (£ client money) (CM) held Fee (£/£ millions or part £ million of CM) less than £1 million 116.50 115.10 an amount equal to or greater than £1 million but less than or equal to £1 billion
87.38 86.33
more than £1 billion 58.25 57.55
PLUS
Safe custody assets
Band Width (£ safe custody assets) (CA) held Fee (£/£ millions or part £ million of CA) less than £10 million 0.45 0.43 an amount equal to or greater than £10 million and less than or equal to £100 billion
0.34 0.33
more than £100 billion 0.23 0.22
B. Service
Companies
Band Width Fee (£/£m or part £ thousand of income) Fee(£)
FCA 2018/XX
Annual income up to and including £100,000 1,078.00 1,110.00 PLUS:
Band width Fee (£/£thousand or part £ thousand of income) Annual income over £100,000 1.80 2.56 B. Regulated benchmark administrators Band width Fee (£) Annual income up to and including £100,000 [tbc] 1,128 PLUS:
Band width Fee (£/£ thousand or part £ thousand of income) Annual income over 100,000 [tbc] 19.70 B. Recognised investment exchanges Band width Fee (£) Annual income up to and including £10,000,000 100,000 103,000 PLUS:
Band width Fee (£/£ thousand or part £ thousand of income) Annual income over £10,000,000
5.58 4.84
B. Recognised auction platforms
53,537.00 55,143.00
B. Recognised overseas investment exchanges 61,224.00 63,061.00 B. MTF and OTF operators As set out in FEES 4 Annex 10R (Periodic fees for MTF and OTF operators). CC1. Creditrelated Band Width (£ thousands of annual income (AI)) Fee (£)
FCA 2018/XX regulated activities with limited permission 0 - 10 101 104 >10 - 50 253 261 >50 - 100 404 416 >100 505 520 PLUS:
Fee (£/£ thousand or part £ thousand of AI) >250 0.40 CC2. Creditrelated regulated activities Band Width (£ thousands of annual income (AI)) Fee (£) 0 - 50 303 312 >50 - 100 505 520 >100 1,010 1,040 PLUS:
Fee (£/£ thousand or part £ thousand of AI) >250 1.30
Part 2
…
Part 2(a) tariff rates (minimum fees) payable to the FCA by FCA-authorised
persons
A.0 (1) £1,095 1,128 unless it is a community finance organisation with a tariff base of:
(a) up to and including 3 mortgages and/or home finance transactions, in which case a minimum fee of £168 173 is payable; or
FCA 2018/XX
(b) more than 3 but no more than 10 mortgages and/or home finance transactions, in which case a minimum fee of £568 585 is payable; or (c) more than 10 but no more than 50 mortgages and/or home finance transactions, in which case a minimum fee of £1,052 1,084 is payable. … AP.0 Periodic fees payable under fee blocks A.2, A.7 to A.19 and A. 21 in Part 1 multiplied by rate £0.111 0.1085
Part 2(b) tariff rates (minimum fees) payable to the FCA by PRA-authorised
persons
A.0 (1) £547 563 unless:
(a) It is a credit union that meets the conditions in (2), in which case the minimum fee payable is as set out in (2); (b) it is a non-directive friendly society that falls into the A.3 activity group but not the A.4 activity group and has, for that activity, 0.5 million or less in gross written premium for fees purposes and holds best estimate liabilities for fees purposes of 1.0 million or less, in which case the minimum fee payable is £[tbc] 242; or (c) it is a non-directive friendly society that falls into the A.4 activity group but not the A.3 activity group and has, for that activity, written
1.0 million or less in gross written premium for
fees purposes and holds best estimate liabilities for fees purposes of 1.0 million or less, in which case the minimum fee payable is £[tbc] 242; or (d) it is a non-directive friendly society that falls into the A.3 and A.4 activity groups and meets the conditions in (3)(a) and (3)(b), in which case the minimum fee payable is £[tbc] 242. (2) The conditions referred to in (1)(a) are that the credit union has a tariff base (Modified Eligible Liabilities) of:
FCA 2018/XX
(a) 0 to 0.5million, in which case a minimum fee of £87 90 is payable; or (b) greater than 0.5millon but less than 2.0million, in which case a minimum fee of £295 304 is payable. (3) The conditions referred to in (1)(d) are that:
(a) the non-directive friendly society falls into the A.3 activity group and has, for that activity, 0.5 million or less in gross written premium for fees purposes and holds best estimate liabilities for fees purposes of 1.0 million or less; (b) the non-directive friendly society falls into the A.4 activity group and has, for that activity, written 1.0 million or less in gross written premium for fees purposes and holds best estimate liabilities for fees purposes of 1.0 million or less. The figures for gross written premium for fees purposes and best estimate liabilities for fees purposes are the same as used for Part 1 of this Annex. … 4 Annex 2BR Ring-Fencing Implementation Fee In the fee year starting 1 April 2017 2018 and subsequent fee years:
…
(4) The proportion was determined by the FCA for the 2017/18 2018/19 fee year in accordance with the following formula (all figures are rounded to the nearest whole number):
[(X + Y) ÷2] % where
X= [core deposits (ring-fencing fees group) ÷ core deposits (all ring-fencing fees groups)] x 100 and Y = [assets outside expected RFB subgroup (ring-fencing fees group) ÷ assets outside expected RFB subgroups (all ring fencing fees groups)] x 100
FCA 2018/XX
(5) …
4 Annex
4R
Periodic fees in relation to collective investment schemes, AIFs marketed in the UK and small registered UK AIFMs payable for the period 1 April 2017 2018 to 31 March 2018 2019
Part 1 – Periodic fees payable
Scheme type Basic fee
(£)
Total funds/subfunds aggregate
Fund factor
Fee (£)
ICVC,
AUT,
ACS,
UK ELTIFs,
Section 264 of the Act,
schemes other than nonEEA AIFs recognised under
section 272 of the Act,
410 406 1-2
3-6
7-15
16-50
50
2.5
410 406
1,025 1,015
2,050 2,030
4,510 4,466
9,020 8,932
Non-EEA AIFs recognised under section 272 of the Act 1,670 1,652 1-2 3-6 7-15 16-50 >50 2.5 1,670 1,652 4,175 4,130 8,350 8,260 18,370 18,172 36,740 36,344 …
Part 2 - Periodic fees for AIFs marketed in the UK, following a notification to the
FCA under regulation 57, 58 or 59 of the AIFMD UK regulation Kind of notification Fee per AIF (£) Notification under regulation 57 of the AIFMD UK regulation 345 355 Notification under regulation 58 of the AIFMD UK regulation 240 247
FCA 2018/XX
Notification under regulation 59 of the AIFMD UK regulation 345 355
Part 3 - Periodic fees paid by small registered UK AIFMs
The annual fee for small registered UK AIFMs is £680 700 4 Annex 5R Periodic fees for designated professional bodies payable in relation to the period 1 April 2017 2018 to 31 March 2018 2019
Table of fees payable by Designated Professional Bodies
Name of Designated
Professional Body
Amount payable (£)
The Law Society of England
& Wales
62,430 90,170
The Law Society of Scotland 13,390 15,260
The Law Society of Northern
Ireland
12,520 13,830
The Institute of Actuaries 10,070 10,110
The Institute of Chartered
Accountants in England and
Wales
68,770 36,020
The Institute of Chartered
Accountants of Scotland
10,920 11,340
The Institute of Chartered
Accountants in Ireland
13,130 14,840
The Association of Chartered
Certified Accountants
15,900 18,770
The Council for Licensed
Conveyancers
11,170 11,790
Royal Institution of Chartered
Surveyors
13,400 15,190
…
…
FCA 2018/XX
4 Annex
10R
Periodic fees for MTF operators payable in relation to the period 1 April 2017 2018 to 31 March 2018 2019 General supervisory category of MTF or OTF operator (see Note below) Fee payable (£) Due date (i) 1 August 2017 2018; or (ii) 30 days from the date of the invoice in the case of a firm which receives permission to be operating a multilateral trading facility or to be operating an organised trading facility or whose permission is extended to include this activity in the course of the relevant financial year. MTF or OTF operator has a named individual fixed portfolio supervisor 316,710 290,656 All other MTF or OTF operators (i.e. those supervised by a team of flexible portfolio supervisors) 29,867 27,410 [deleted] an EEA firm 0 … 4 Annex 11R Periodic fees in respect of payment services, electronic money issuance, regulated covered bonds, CBTL business and data reporting services in relation to the period 1 April 2017 2018 to 31 March 2018 2019 This Annex sets out the periodic fees in respect of payment services carried on by fee-paying payment service providers under the Payment Services Regulations and electronic money issuance by fee-paying electronic money issuers under the Electronic Money Regulations and issuance of regulated covered bonds by issuers and CBTL business carried on by CBTL firms under the MCD Order and data reporting services providers (other than incoming data reporting services providers) under the DRS Regulations.
Part 1 - Method for calculating the fee for fee-paying payment service providers
FCA 2018/XX
…
(3) For a fee-paying payment service provider which is required to comply with FEES 4.4.9D (Information on which fees are calculated) and has not done so for this period:
(a) the fee is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10; and (b) an additional administrative fee of £250 is payable. (c) [deleted] …
Part 5 - Tariff rates
Activity group
Fee payable in relation to 2017/18 2018/19 G.2 Minimum fee (£) 500 515 £ million or part £m of Modified Eligible Liabilities (MELS) Fee (£/£m or part £m of MELS)
0.1 0.6456 0.5840
G.3 Minimum fee (£) 500 515
£ thousands or part
£thousand of Relevant
Income
Fee (£/£thousand or part £thousand of
Relevant Income)
100 0.4341 0.3927
G.4 Flat fee (£) 500 515
G.5 As in G.3
G.10 Minimum fee (£) 1,643 1,692
£ million or part
£m of average outstanding electronic money (AOEM) Fee (£/£m, or part £m of AOEM)
FCA 2018/XX
5.0 120.00 80.00
G.11 Flat fee (£) 1,095 1,128
G.15 Minimum fee for the first registered programme (£) 89,876 79,184 Minimum fee for all subsequent registered programmes 75% of minimum fee for first registered programme £ million or part £m of regulated covered bonds issued in the 12 months ending on the valuation date. Fee (£/£m or part £m of regulated covered bonds issued in the 12 months ending on the valuation date) >0.00 13.27 11.80 … G.20 Flat fee (£) 404.00 416 G.21 Flat fee (£) 202.00 208 G.25 Flat fee (£) for first data reporting service plus 50% flat fee for each additional data reporting service for which the data reporting services provider (other than an incoming data reporting services provider) has authorisation. £25,000 25,750 … … 4 Annex 14R UKLA periodic fees for the period from 1 April 2017 2018 to 31 March 2018
Part 1 Base fee
FCA 2018/XX
Activity group or invoice code (Note 1)
Description Base fee payable (£)
E.1 Discontinued
E.2 Premium listed issuer
A listed issuer of equity shares with a premium listing (see Note 2) 5,200 5,355 E.3 Standard listed issuer A listed issuer of shares and certificates representing certain securities with a standard listing and not with a premium listing (see Note 2) 19,695 20,285 E.4 Discontinued E.5 Discontinued E.6 Non-listed issuer (in DTR) A non-listed issuer (in DTR) 0 E.7 Primary information provider A primary information provider 16,425 16,920 ES.01 Sponsor A sponsor (see Note 3) 27,370 28,190 …
Part 2 Variable fee additional to base fee
Activity Group Market capitalisation as at the last business day of the November prior to the fee-year in which the fee is payable in £million Fee payable in £per £million or £part million E.2 Premium listed issuer (as described in Part 1) 0 – 100 0
100 – 250 28.469627
27.904193
250 – 1,000 10.984421
10.766260
1,000 – 5,000 6.761363
6.627075
5,000 – 25,000 0.164930
0.161655
FCA 2018/XX
25,000 0.053284
0.052226
…
4 Annex
15R
Fees relating to the recognition of benchmark administrators and the endorsement of benchmarks for the period 1 April 2018 to 31 March 2019 Activity group Fee payable A third country legal representative £[tbc] 12,500 A benchmark endorser £[tbc] 7,500 … 5 Financial Ombudsman Service Funding … 5 Annex 1R Annual General Levy Payable in Relation to the Compulsory Jurisdiction for 2018/19 Introduction: annual budget
FCA 2018/XX
FEES 5.4.1R(1A)
3-The Society (of
Lloyd’s)
Not applicable £25,989 to be allocated by the Society 4-Insurers - life (excluding firms in block 15) Gross written premium for fees purposes (GWP) as defined in FEES 4 Annex 1AR; or Relevant gross written premium (RGWP) notified to the FCA under FEES 5.4.1R(1A) £[tbc] 0.0085 per £1,000 of GWP or RGWP, subject to a minimum levy of £[tbc] 130
5. Portfolio
managers (including those holding client money/assets and not holding client money/assets) Flat fee Levy of £230
6. Managers and
depositaries of investment funds, and operators of collective investment schemes or pension schemes Flat fee Levy of £60 7-Dealers as principal Flat fee Levy of £75 8-Advisors, arrangers, dealers or brokers holding and controlling client money and/or assets Annual income as defined in FEES 4
Annex 11A relating to firm’s
relevant business.
£0.150 0.130 per
£1,000 of annual income subject to a minimum fee of £45 9-Advisors, arrangers, dealers or brokers not holding and controlling client money and/or assets Annual income as defined in FEES 4
Annex 11A relating to firm’s
relevant business.
£0.070 0.031 per
£1,000 of annual income subject to a minimum fee of £45 10-Corporate finance advisers Flat fee Levy of £55 11-fee-paying For authorised payment institutions, £0.0007 0.0003 per
FCA 2018/XX payment service providers (but excluding firms in any other Industry block except Industry block 18) registered account information service providers, electronic money issuers (except for small electronic money institutions), the Post Office Limited, the Bank of England, government departments and local authorities, and EEA authorised payment institutions relevant income as described in FEES 4 Annex 11
Part 3
£1,000 of relevant income subject to a minimum levy of £75 For small payment institutions and small electronic money institutions a flat fee Levy of £35 13-Cash plan health providers Flat fee Levy of £65 14-Credit unions Flat fee Levy of £55 15-Friendly societies whose tax-exempt business represents 95% or more of their total relevant business Flat fee Levy of £65 16-Home finance providers, advisers and arrangers (excluding firms in blocks 13, 14 & 15) Flat fee Levy of £90 17 - General insurance mediation (excluding firms in blocks 13, 14 & 15) Annual income (as defined in MIPRU 4.3) relating to firm’s relevant business £0.471 0.428 per £1,000 of annual income (as defined in MIPRU 4.3) relating to firm’s relevant business subject to a minimum levy of £100 18 - fee-paying electronic money issuers For all fee-paying electronic money issuers except for small electronic money institutions, average outstanding electronic money, as described in FEES 4 Annex 11 Part 3. £0.0007 per £1,000 of average outstanding electronic money subject to a minimum levy of £75 40
FCA 2018/XX
For small electronic money institutions, a flat fee Levy of £50 19 - Credit-related regulated activities with limited permission For not-for-profit debt advice bodies, a flat fee Levy of £0 For all other firms with limited permission, a flat fee Levy of £35 20 - Credit-related regulated activities Annual income as defined in FEES 4
Annex 11BR
Levy of £35
Plus £0.012 0.01 per £1,000 of annual income on income above £250,000 21 - CBTL firms that do not have permission to carry out any regulated activities Flat fee Levy of £35 22 - designated credit reference agencies (but excluding firms in any other industry block) Flat fee Levy of £75 23 – designated finance platforms (but excluding firms in any other industry block) Flat fee Levy of £75 … … 7 CFEB Levies … 7 Annex 1R Money advice CFEB levy for the period from 1 April 2018 to 31 March 2019
Part 1
FCA 2018/XX
This table shows the money advice CFEB levy applicable to each activity group (fee-block) Activity group The money advice CFEB levy payable A.1 Band Width (£ million of Modified Eligible Liabilities (MELs)) Fee (£/£m or part m of MELs) >10 [tbc]1.521 A.2 Band Width (no. of mortgages and/or home finance transactions) Fee (£/mortgage) >50 [tbc] 0.564 A.3 Gross premium income (GPI) Gross written premium for fees purposes (GWP) Band Width (£ million of GPI GWP) Fee (£/£m or part £m of GPI GWP) >0.5 20.36 29.39 PLUS Gross technical liabilities (GTL) Best estimate liabilities for fees purposes (BEL) Band Width (£ million of GTL BEL) Fee (£/£m of part £m of GTL BEL) >1 1.10 1.65 A.4 Adjusted annual gross premium income (AGPI) Gross written premium for fees purposes (GWP) Band Width (£ million of AGPI GWP) Fee (£/£m or part £m of AGPI GWP) >1 29.26 14.20 PLUS Mathematical reserves (MR)
FCA 2018/XX
Best estimate liabilities for fees purposes (BEL) Band Width (£ million of MR BEL) Fee (£/£m or part £m of MR BEL) >1 0.62 0.655 A.5 Band Width (£ million of Active Capacity (AC)) Fee (£/£m or part £m of AC) >50 0.00 A.6 Flat levy 0.00 A.7 For class 1(c),(2), (3) and (4) firms:
Band Width (£ million of Funds under Management (FuM)) Fee (£/£m of part £m of FuM) >10 0.11 0.159 For class 1(B) firms: the fee calculated as for class 1(C) firms above, less 15%. For class 1(A) firms: the fee calculated as for class 1(C) firms above, less 50%. Class 1(A), (B) and (C) firms are defined in FEES 4 Annex 1A. A.9 Band Width (£ million of Gross Income (GI)) Fee (£/£m of part £m of GI) >1 65.20 89.89 A.10 Band Width (no. of traders) Fee (£/trader) >1 92.80 146.67 A.13 For class (2) firms Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.068 0.0713 For a professional firm in A.13 the fee is calculated as above less 10%. A.14 Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI)
FCA 2018/XX
100 0.0215 0.030
A.18 Band Width (£ thousands of
Annual Income (AI))
Fee (£/£ thousand or part £ thousand of AI) >100 0.175 0.229 A.19 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.0294 0.0410 A.21 Band Width (£ client money) (CM) held Fee (£/£ millions or part £ million of CM) less than £1 million 1.55 2.20 an amount equal to or greater than £1 million but less than or equal to £1 billion
1.16 1.65
more than £1 billion 0.78 1.10
PLUS
Safe custody assets
Band Width (£ safe custody assets) (CA) held Fee (£/£ millions or part £ million of CA) less than £10 million 0.006 0.007 an amount equal to or greater than £10 million and less than or equal to £100 billion
0.005 0.006
more than £100 billion 0.003 0.004
G.3 Minimum fee (£) 10
£ thousands or part £ thousand of Relevant Income Fee (£/£thousand or part £ thousand of Relevant Income) >100 0.0219 0.0293 G.4 Flat fee (£) 10 G.10 Minimum fee (£) 10 £ million or part £m of average outstanding electronic money Fee (£/£m or part £m of AOEM)
FCA 2018/XX
(AOEM)
5.0 6.65 7.50
G.11 Flat fee (£) 10
CC.1 Minimum fee (£) £10
£ thousand of annual income
(AI)
Fee (£/£ thousand or part thousand of AI)
250 0.37 0.10
CC.2 Minimum fee (£) 10
£ thousands of annual income
(AI)
Fee (£/£ thousand or part £ thousand of AI >250 0.37 0.10 Notes (1) The definitions of fee-blocks G5 and G10 under Part 2 and Part 2A of FEES 4
Annex 11R are modified, for the purposes of FEES 7, so that they exclude the
Bank of England, government departments, local authorities, municipal banks and the National Savings Bank.
FCA 2018/XX
Activity group Debt advice CFEB levy payable A.2 Home finance providers and administrators Band width (£million of secured debt) >0 Fee (£/£m or part £m of secured debt) [tbc] 21.85 CC.3 Consumer credit lending Band width (£million of value of lending) >0 (Note 1) Fee (£/£m or part £m of value of lending) [tbc] 117.32 Note (1) Credit unions and community finance organisations do not pay any debt advice CFEB levy on the first £2,000,000 of value of lending. …
10.2 Pensions guidance levy
…
10.2.4 R The amount payable for a particular activity group is calculated as follows:
(1) (a) calculate the size of the firm’s tariff base for the activity group using:
(i) the tariff base calculations in Part 3 of FEES 4 Annex 1A; and (ii) the valuation date requirements in Part 5 of FEES 4 Annex 1A; (b) exclude mathematical reserves best estimate liabilities for fees purposes in the calculation for fee block A4; … …
Annex
1R
Pension guidance levy for the period 1 April 2017 2018 to 31 March 2018 Activity Group Pensions guidance levy payable A.1 Band width (£ million of Fee (£/£m or part £m of MELS)
FCA 2018/XX modified eligible liabilities
(MELs)) >10 1.329 1.504
A.4 Band width (£ million of adjusted annual gross premium income (AGPI) gross written premium for fees purposes (GWP)) >1 Fee (£/£m or part £m of AGPI GWP)
69.28 27.96
A.7 For class 1(B), 1 (C), (2) and (3) firms:
Band width (£ million of funds under management (FuM)) >10 Fee (£/£m or part £m of FuM)
0.55 0.578
A.9 Band width (£ million of gross income (GI)) >1 Fee (£/£m or part £m of GI)
224.35 227.392
A.13 Band width (£ thousands of annual income (AI)) >100 Fee (£/£ thousand or part of £ thousand of AI)
0.074 0.078
11 Pensions guidance providers’ levy
…
Annex
1R
Pensions guidance providers’ levy for the period 1 April 2017 2018 to 31 March 2018 2019 The table below shows the pensions’ guidance providers’ levy applicable to the designated guidance providers for the fee year 1 April 2017 2018 to 31 March 2018 2019. (A) Row (B) Name of designated guidance provider (C) Pensions guidance providers’ levy payable (£) 1 The Pensions Advisory Service Limited 13,500 11,250
FCA 2018/XX
2 The National Association of
Citizens Advice Bureaux
13,500 11,250
3 The Scottish Association of
Citizens Advice Bureaux
13,500 11,250
4 The Northern Ireland
Association of Citizens Advice
Bureaux
13,500 11,250
5 Any other person designated as a designated guidance provider between 1 April 2017 2018 to 31 March 2018 2019 13,500 11,250 adjusted in accordance with the formula at FEES 11.2.10R … 13 Illegal money lending levy …
Annex
1R
Illegal money lending (IML) levy for 2017/18 2018/19 Limited permission (feeblock CC1):
£5 flat rate
Full authorisation (feeblock CC2):
Up to
£250,000 consumer credit income:
£10
Over £250,000 consumer credit income:
£10 + 0.202 0.210 per £1,000
Appendix 1 Unauthorised Mutuals Registration Fees Rules
…
App 1
Annex 1R
Periodic fees payable for the period 1 April 2017 2018 to 31 March 2018
Part 1 Periodic fee payable by Registered Societies (on 30 June 2017
2018)
This fee is not payable by a credit union.
FCA 2018/XX
Transaction Total assets (£’000s) Amount payable (£) Periodic fee 0 to 50 65 67
50 to 100 125 129
100 to 250 205 211
250 to 1,000 265 273
1,000 480 495
…
CP18/10
Appendix 2
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Appendix 2
Fees (Miscellaneous Amendments)(No11)
Instrument 2018 (draft rules)
FCA 2018/XX
FEES (MISCELLANEOUS AMENDMENTS) (No [11]) INSTRUMENT 2018 Powers exercised A. The Financial Conduct Authority makes this instrument in the exercise of:
(1) the following powers and related provisions in or under the Financial Services and Markets Act 2000 (“the Act”):
(a) section 137A (The FCA’s general rules); (b) section 137T (General supplementary powers); (c) section 139A (Power of the FCA to give guidance); (d) paragraph 23 (Fees) of Schedule 1ZA (The Financial Conduct Authority); (2) paragraph 6A (Consumer Rights (Payment Surcharges) Regulations 2012 (SI 2012/3110); and (3) regulation 26 of the Financial Services and Markets Act (2000) (Benchmarks) Regulations 2018 (SI 2018/135). B. The rule-making powers listed above are specified for the purposes of section 138G(2) (Rule-making instruments) of the Act. Commencement
C. This instrument comes into force on [date] 2018.
Amendments to the Handbook
D. The Fees manual (FEES) is amended in accordance with the Annex to this instrument. Citation E. This instrument may be cited as the Fees (Miscellaneous Amendments) (No [11]) Instrument 2018. By order of the Board [date] 2018
FCA 2018/XX
[Editor’s note: the text in this Annex takes account of the changes to FEES 4 Annex 11AR as proposed in PS17/28 ‘Handbook changes to reflect the application of the EU Benchmarks Regulation: Feedback to CP17/17 and near-final rules’ (December 2017) as if they were made.]
Annex
In this Annex, underlining indicates new text and striking through indicates deleted text. 3 Application, Notification and Vetting Fees …
3.2 Obligation to pay fees
…
Method of payment
3.2.3 R …
(5) Payments by credit card must include an additional:
(a) 2% of the sum paid when paying by Visa or Mastercard; or (b) 3.2% of the sum paid when paying by American Express. [deleted] … … 3 Annex 9R Special Project Fee for restructuring … (2) R The SPFR becomes payable by a person falling into (1)(a) or (b) if it engages in, or prepares to engage in, activity which involves it undertaking or making arrangements with a view to any of the following:
FCA 2018/XX
(a) raising additional capital; or
(b) a significant restructuring of the firm or the group to which it belongs, including:
(i) mergers or acquisitions;
(ii) reorganising the firm’s group structure; and (iii) reattribution; (iv) a significant change to the firm’s business model; and (v) a significant internal change programme. … (8) R Subject to FEES TP 8.1R, no No SPFR is payable to the FCA:
(a) if the amount calculated in accordance with (9) in relation to the regulatory work conducted by the FCA totals less than £50,000 in the case of a FCAauthorised person or £25,000 in the case of a PRA-authorised person; or (b) for time spent giving guidance to the person in relation to the same matter if the FCA has charged that person for that guidance. (9) R The SPFR for the FCA is calculated as follows:
(a) Determine the number of hours, or part of an hour, taken by the FCA or, if applicable, both the FCA and PRA under FEES TP 8.1R, in relation to regulatory work conducted as a consequence of the activities referred to in (2) or (6). … … (11) R Table of FCA hourly rates:
FCA pay grade
Hourly rate (£)
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Administrator 30 45
Associate 55 75
Technical
Specialist
100 130
Manager 110 145
Any other person employed by the FCA
160 255
…
(13) G If the SPFR is payable, the full amount calculated under (9) is payable not just the excess over £50,000 or £25,000. … … 4 Periodic fees …
4.2 Obligation to pay periodic fees
…
Method of payment
4.2.4 R (1) A periodic fee must be paid using either direct debit, credit transfer
(BACS/CHAPS), cheque, Maestro, Visa Debit or by credit card (Visa/Mastercard only). Any payment by permitted credit card must include an additional 2% of the sum paid. … … 4 Annex 1AR FCA activity groups, tariff bases and valuation dates
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…
Part 5
This table indicates the valuation date for each fee-block. A firm can calculate its tariff data in respect of fees payable to the FCA by applying the tariff bases set out in Part 3 with reference to the valuation dates shown in this table. Activity group Valuation date … A.9 Annual gross income (GI), valued at for the most recent financial year ended in the calendar year ending 31 December. … … 4 Annex 11AR Definition of annual income for the purposes of calculating fees in fee blocks A.13, A.14, A.18, A.19 and B. Service Companies, Recognised Investment Exchanges and Regulated Benchmark Administrators Annual income definition … Definition for Recognised Investment Exchanges “Annual income” for a recognised investment exchange is the gross inflow of economic benefits (i.e. cash, receivables and other assets) recognised in the firm’s accounts during the reporting year in respect of, or in relation to activities that comprise a necessary part of an exchange’s business as an investment exchange. This should include all revenues the firm derives from operating multilateral trading facilities and organised trading facilities. … Where the firm is a Regulated Benchmark Administrator “Annual income” for a regulated benchmark administrator is the gross inflow of economic benefits (i.e. cash, receivables and other assets) recognised in the firm’s accounts during the reporting year in respect of, or in relation to activities in the UK that comprise a necessary part of its business as a regulated
FCA 2018/XX benchmark administrator.
Where the sales and marketing of a benchmark are undertaken by a separate legal entity, the regulated benchmark administrator is responsible for identifying the relevant income and reporting it to us as its own income. To avoid double counting, the regulated benchmark administrator should report only the income from sales in the UK and exclude any amount paid to it from that income to pay for its expenses as a regulated benchmark administrator. … 4 Annex 11BR Definition of annual income for the purposes of calculating fees in fee blocks CC1 and CC2 (1) Annual income definition for credit related regulated activities “Annual income” is the gross inflow of economic benefits (i.e. cash, receivables and other assets) recognised in the firm’s accounts during the reporting year in respect of, or in relation to, the provision in the UK of the regulated activities specified in FEES 4 Annex 1AR Part 1 as belonging to fee-blocks CC1 or CC2 as applicable. The figure should be reported without netting off the operating costs or business expenses, but including:
(a) all interest received on loans, brokerages, commissions, fees, and other related income (for example, administration charges, overriders, profit shares etc) due to the firm in respect of, or in relation to, the provision in the UK of the credit-related regulated activities specified in FEES 4
Annex 1AR Part 1 as belonging to fee-blocks CC1 and CC2 and which the
firm has not rebated to clients or passed on to other authorised firms (for example, where there is a commission chain). (aa) In the case of consumer hire agreements, interest should be calculated as the total revenue over the period of the lease minus depreciation of the asset over the same period. Where depreciation is not recorded in the accounts and a firm uses its own internal conventions for calculating depreciation, it must be ready on request to demonstrate that its methodology is robust, and that any assumptions used are reasonable in the circumstances. In the absence of internal conventions for calculating depreciation, the assumption should be made that the asset depreciates to zero over the period (or minimum period) of the lease, or (if no period is specified) over a reasonable period. Plus:
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…
…
4 Annex
13G
Guidance on the calculation of tariffs set out in FEES 4 Annex 1AR Part 3
Table 1
The following table sets out guidance on how a firm should calculate tariffs for fee blocks A.13. A.14, A.18, A.19 and B. Service Companies, Recognised Investment Exchanges and Benchmark Administrators. … (2) For the avoidance of doubt, the only income streams reportable for a relevant fee-block are those income streams which relate to a regulated activity listed in that fee-block. Income streams that do not relate to a regulated activity listed in the relevant fee-block should not be reported. Service companies, operators of recognised investment exchanges and benchmark administrators should report the income relating to each of these activities, excluding income from any other activities in the B feeblock on which they pay FCA fees. Operators of recognised investment exchanges should include all income derived from operating multilateral trading facilities and organised trading facilities. … …
Table 2
The following table sets out guidance on how a firm should calculate tariffs for fee blocks CC.1 and CC.2. … Exclusions (9) The following should be excluded from the calculation of annual income:
…
(m) Where a consumer hire agreement is open ended, its term should be taken as the period over which depreciation is calculated to zero. If
FCA 2018/XX the agreement is in practice terminated before depreciation reaches zero, the residual value may not be subtracted from the revenue. Where an agreement ends before depreciation reaches zero, but is subsequently renewed, the residual value of the asset should determine its cost at the beginning of the new agreement and depreciation recalculated accordingly. For example, if the cost of the asset at the start of the original agreement was £500 and depreciation was 80%, then its residual value carried forward to the new agreement would be £100. If the asset was assumed to depreciate to zero during the original agreement, then there is no residual value to carry forward and the income for the second agreement would be the total revenue from the lease. … … TP 8 Transitional provisions relating to FEES 3 Annex 9R and FEES 4.3.6R taking effect in 2013/14 (1) (2) Material to which the transition al provision applies (3) (4) Transitional provision 5) Transitional provision:
dates in force
(6)
Handbook provision:
coming into force
8.1 Special project fee transitional provisions
8.1.1
[FCA]
[PRA]
FEES 3
Annex
9R
R This rule relates to a special project fee or part of a special project fee which has the following characteristics:
(1) one or more of the events described in FEES 3 Annex 9R (2) or (6) had occurred before 1 April 2013; and (2) FSA employees conducted regulatory work which had been recorded on the FSA’s systems and/or the FSA was invoiced fees and disbursements as a consequence of the applicable event or events referred to in FEES 1 April
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3 Annex 9R (2) or (6) before 1
April 2013.
(3) Hours or part hours worked by
FSA staff and any fees or disbursements invoiced to the FSA of the kind described in FEES 3
Annex 9R (9) which were not
accounted for in an invoice issued by the FSA prior to 31 March 2013 shall be named “pre-LCO accrued costs” in FEES TP 8.1. [deleted] 8.1.2 [FCA] [PRA] FEES 3
Annex
9R
R In relation to the kind of special project fee specified in FEES TP 8.1.1R, (a) where one of the events referred to in FEES 3 Annex 9R (6)(a) had occurred, any pre-LCO accrued costs shall be included in the calculation of any amount payable to the FCA under FEES 3
Annex 9R (9);
(b) a special project fee is payable to the FCA regardless of whether the amount calculated according to FEES 3 Annex 9R for the FCA is less than £50,000; and (c) no special project fee is payable if the sum total of adding together (i) the amount calculated in accordance with FEES 3 Annex 9R (9) in respect of the FCA and (ii) the total costs invoiced by the FSA before 1 April 2013 results in a total amount of less than £50,000. [deleted] 1 April 8.1.3 [FCA] [PRA] FEES 3
Annex
9R
R In relation to the kind of special project fee specified in FEES TP 8.1.1R, where one of the events referred to in FEES 3 Annex 9R (2) or (6)(b) had occurred:
(a) 50% of the pre-LCO accrued costs shall be included in the calculation of any amount payable to the FCA under FEES 3 Annex 1 April
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9R(9);
(b) 50% of the pre-LCO accrued costs shall be included in the calculation of any amount payable to the PRA under FEES 3 Annex 9R(9); (c) a special project fee is payable to the appropriate regulator regardless of whether the amount calculated according to FEES 3
Annex 9R for the appropriate
regulator is less than £50,000; and
(d) no special project fee is payable if the sum total of adding together (i) the amount calculated in accordance with FEES 3 Annex 9R(9) in respect of the FCA, (ii) the amount calculated in accordance with FEES 3 Annex 9R(9) in respect of the PRA and (iii) the total costs invoiced by the FSA before 1 April 2013 results in a total amount of less than £50,000. [deleted] 8.1.4 [FCA] [PRA] FEES 3
Annex 9
G As a result of FEES FEES TP
8.1.3R, pre-LCO accrued costs may give rise to two separate fee payment obligations following 1 April 2013, one in respect of the FCA and one in respect of the PRA if the threshold in FEES TP 8.1.3(d) is breached. [deleted] 1 April 8.1.5 [FCA] [PRA] FEES 3
Annex 9
G (1) This guidance gives examples of how FEES TP 8.1 is intended to operate. (2) If an event specified in FEES 3
Annex 9 (2) occurred on 1 April
2012, the £50,000 threshold was breached on 1 November and the FSA invoiced for the full amount outstanding as at 1 December 2012 but issued no further invoices, any accrued hours or part hours and fees or disbursements invoiced to the FSA between 1 December 2012 1 April
FCA 2018/XX and 1 April 2013 will be divided equally between the FCA and the PRA and an amount would be payable to the FCA and the PRA as separate fees regardless of whether the separate thresholds contained in FEES 3 Annex 9 (8) are met as long as the combined FSA, FCA and PRA costs incurred exceeded £50,000. (3) If an event specified in FEES 3
Annex 9 (6)(a) occurred on 1
February 2013, the FSA had begun the relevant regulatory work but had yet issued any invoices or breached the 50,000 floor before 1 April 2013, the accrued hours and disbursements will be allocated towards the FCA’s fee calculation. [deleted] …
CP18/10
Appendix 3
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Appendix 3
Fees (Single Financial Guidance Body Levy) Instrument 2018 (draft rules)
FCA 2018/XX
FEES (SINGLE FINANCIAL GUIDANCE BODY LEVY) INSTRUMENT 2018 Powers exercised 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) section 137A (The FCA’s general rules); (2) section 137T (General supplementary powers); (3) section 139A (Power of the FCA to give guidance); (4) paragraph 23 (Fees) in Part 3 (Penalties and Fees) of Schedule 1ZA (The Financial Conduct Authority); and (5) section 137SA (Rules to recover expenses relating to the single financial guidance body). B. The rule-making provisions listed above are specified for the purposes of section 138G(2) (Rule-making instruments) of the Act.
C. As required by section 137SA(5) of the Act, the Secretary of State has consented to
rules made under that section.
Commencement
D. This instrument comes into force on [date] 2018.
Amendments to the Handbook
E. The modules of the FCA Handbook listed in column (1) below are amended in accordance with the Annexes to this instrument listed in column (2). (1) (2) Glossary of definitions Annex A Fees manual (FEES) Annex B Credit Unions sourcebook (CREDS) Annex C Citation F This instrument may be cited as the Fees (Single Financial Guidance Body Levy) Instrument 2018. By order of the Board [date] 2018
FCA 2018/XX
Annex A
Amendment to the Glossary of definitions
In this Annex, underlining indicates new text and striking through indicates deleted text, unless indicated otherwise. Insert the following new definitions in the appropriate alphabetical position. The text is not underlined. SFGB the single financial guidance body established under section 1 (Establishment of the single financial guidance body) of the Financial Guidance and Claims Act 2018. SFGB debt advice levy the amount payable to the FCA by a firm to which FEES 7A.3 (The SFGB money advice levy and debt advice levy) and FEES 7A Annex 2R apply. SFGB levy the levy payable to the FCA pursuant to FEES 7A.2.1R by the persons listed in:
(1) FEES 1.1.2R(5) in relation to the SFGB money advice levy and SFGB debt advice levy; and (2) FEES 7A.1.2R in relation to the SFGB pensions guidance levy. SFGB money advice levy the amount payable to the FCA by a firm to which FEES 7A.3 (The SFGB money advice levy and debt advice levy) and FEES 7A Annex 1R apply. SFGB pensions guidance levy the amount payable to the FCA by a firm to which FEES 7A.4 (The SFGB Pensions guidance levy) applies. Amend the following definitions as shown. electronic money issuer (1) (except in DISP, FEES 5.5A and FEES 7A) any of the following persons when they issue electronic money:
…
(3) (in FEES 7A) as in (1) but excluding:
(a) the Bank of England, the European Central Bank and the national central banks of EEA States other than the United Kingdom, when not acting in their capacity as a monetary authority or other public authority; and (b) government departments and local authorities when acting in their capacity as public authorities.
FCA 2018/XX firm …
(5) (in FEES 3, FEES 4, FEES 5, and FEES 7 and FEES 7A) includes a fee-paying payment service provider and a fee-paying electronic money issuer in accordance with FEES 3.1.1AR, FEES 4.1.1AR, FEES 5.1.1AR, and FEES 7.1.1R and FEES 7A1.1R(1). … payment service provider (1) (except in DISP and FEES 7A) (in accordance with regulation 2(1) of the Payment Services Regulations) any of the following persons when they carry out a payment service:
…
(5) (in FEES 7A) as in (1) but excluding (1)(g) and (h).
FCA 2018/XX
Annex B
In this Annex, underlining indicates new text and striking through indicates deleted text, unless indicated otherwise. 1 Fees Manual
1.1 Application and Purpose
1.1.1 G …
(8) FEES 7A relates to the SFGB levy.
…
1.1.2 R This manual applies in the following way:
…
(5) FEES 1, 2, and 7 and 7A (in relation to the SFGB money advice levy and SFGB debt advice levy only) apply to:
…
…
(7) FEES 7A (in relation to the SFGB pensions guidance levy only) applies to firms referred to in FEES 7A.1.2R. FEES 1, 2, and 7 and 7A do not apply to an incoming EEA firm or an incoming Treaty firm that has not established a branch in the United Kingdom. … … 2 General Provisions …
2.2 Late Payments and Recovery of Unpaid Fees
Late Payments
2.2.1 R If a person does not pay the total amount of a periodic fee, FOS levy, or
share of the FSCS levy, or CFEB levy or SFGB levy, before the end of the date on which it is due, under the relevant provision in FEES 4, 5, 6, or 7 or 7A, that person must pay an additional amount as follows:
FCA 2018/XX
…
2.2.2 G The FCA, (for FCA and PRA periodic fees, FOS and FSCS levies, and
CFEB levies and SFGB levies), expects to issue invoices at least 30 days before the date on which the relevant amounts fall due. Accordingly it will generally be the case that a person will have at least 30 days from the issue of the invoice before an administrative fee becomes payable. Recovery of Fees
2.2.3 G (1) Paragraph 23(8) of Schedule 1ZA of the Act permits the FCA to
recover fees (including fees relating to payment services, the issuance of electronic money, CBTL firms, data reporting services providers, designated credit reference agencies, designated finance platforms and, where relevant, FOS levies, and CFEB levies and SFGB levies). …
2.2.4 G In addition, the FCA may be entitled to take regulatory action in relation to
the non-payment of fees, FOS levies, and CFEB levies and SFGB levies. The FCA may also take regulatory action in relation to the non-payment of a share of the FSCS levy, after reference of the matter to the FCA by the FSCS. What action (if any) that is taken by the FCA will be decided upon in the light of the particular circumstances of the case.
2.3 Relieving Provisions
Remission of Fees and levies
2.3.1 R If it appears to the FCA or the FSCS (in relation to any FSCS levy only) that
in the exceptional circumstances of a particular case, the payment of any fee, FSCS levy, FOS levy, or CFEB levy or SFGB levy would be inequitable, the FCA or the FSCS as relevant, may (unless FEES 2.3.2BR applies) reduce or remit all or part of the fee or levy in question which would otherwise be payable.
2.3.2 R If it appears to the FCA or the FSCS (in relation to any FSCS levy only) that
in the exceptional circumstances of a particular case to which FEES 2.3.1R does not apply, the retention by the FCA, the FSCS, or the CFEB, as relevant, of a fee, FSCS levy, FOS levy, or CFEB levy or SFGB levy which has been paid would be inequitable, the FCA, the FSCS or the CFEB, may (unless FEES 2.3.2BR applies) refund all or part of that fee or levy. …
2.3.3 R For FEES 7A, the FCA is entitled not to consider a claim under FEES
2.3.1R or FEES 2.3.2R to refund any overpaid amounts due to a mistake of fact or law by the fee-paying firm if the claim is made more than two years
FCA 2018/XX after the beginning of the period to which the SFGB levy subject to the claim relates.
2.4 VAT
2.4.1 R All fees payable or any stated hourly rate under FEES 3 (Application,
notification and vetting fees), FEES 4 (Periodic fees), and FEES 7 (The CFEB levy) and FEES 7A (The SFGB levy) are stated net of VAT. Where VAT is applicable this must also be included. After FEES 7 (CFEB levies) insert the following new chapter FEES 7A. The text is not underlined. 7A SFGB levies 7A.1 Application and purpose Application 7A.1.1 R This chapter applies to the persons listed in:
(1) FEES 1.1.2R(5) in relation to the SFGB money advice levy and SFGB debt advice levy; and (2) FEES 7A.1.2R in relation to the SFGB pensions guidance levy. 7A.1.2 R The SFGB pensions guidance levy applies to a firm that:
(1) (a) has a Part 4A Permission; or
(b) is an incoming EEA firm with a branch in the United Kingdom; or (c) is an incoming Treaty firm with a branch in the United Kingdom; and (2) falls within one or more of the following activity groups listed in Part 1 of FEES 4 Annex 1A:
(a) A.1 Deposit acceptors;
(b) A.4 Insurers – life;
(c) A.7 Portfolio managers except Class (1)A firms; (d) A.9 Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes;
FCA 2018/XX and
(e) A.13 Advisors, arrangers, dealers or brokers.
Purpose
7A.1.3 G The purpose of this chapter is to set out the requirements on the persons listed in FEES 7A.1.1R to fund the Secretary of State costs relating to the SFGB, and the related FCA collection costs. Background 7A.1.4 G Under section 137SA(1) (Rules to recover expenses relating to the single financial guidance body) of the Act, the Secretary of State may, from time to time, notify the FCA of the expenses incurred, or expected to be incurred, in connection with the operation of the SFGB or under section 12 of the Financial Guidance and Claims Act 2018. Expenses arise under section 12 when the Secretary of State:
(1) pays grants or makes loans, or gives any other form of financial assistance, to meet expenditure in connection with the establishment of the SFGB; and (2) pays grants or makes loans, or gives any other form of financial assistance, to the SFGB for the purpose of enabling the SFGB to carry out its functions. 7A.1.5 G When the Secretary of State has notified the FCA under section 137SA(1) , under subsections (2) and (3) the FCA must make rules requiring authorised persons, electronic money issuers or payment service providers (or any specified class of the same) to pay specified sums, or sums calculated in a specified way to the FCA with a view to recovering:
(1) the amount notified by the Secretary of State; and (2) expenses incurred by the FCA in connection with its functions under
section 137SA of the Act.
7A.1.6 G This chapter contains the rules referred to in FEES 7A.1.4G(2). 7A.1.7 G Under section 137SA(8) of the Act, the FCA must pay to the Secretary of State the amounts that it receives pursuant to the rules in this chapter, apart from amounts covering its collection costs (which the FCA may keep). 7A.1.8 G The total amount raised by the SFGB levy may vary from year to year depending on the amount notified to the FCA by the Secretary of State. Exemption 7A.1.9 R A firm is not liable to pay a SFGB levy in relation to payment services or electronic money issuance if it is the Bank of England, a government department, a local authority, a municipal bank or the National Savings
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Bank.
7A.2 The SFGB levy
7A.2.1 R The SFGB levy is made up of:
(1) The SFGB money advice levy, as set out in FEES 7A.3; (2) The SFGB debt advice levy, as set out in FEES 7A.3; and (3) The SFGB pensions guidance levy, as set out in FEES 7A.4.
7A.3 The SFGB money advice levy and debt advice levy Obligation to pay money advice levy or debt advice levy 7A.3.1 R A firm must pay the SFGB money advice levy or SFGB debt advice levy applicable to it:
(1) in full and without deduction (unless permitted or required by a provision in FEES); and (2) in accordance with the provisions of FEES 4.3.6R as modified by FEES 7A.3.2R. 7A.3.2 R (1) For the purposes of FEES 7A.3.1R(2), FEES 4.3.6R(1C) to (1E) is modified so that if a firm’s periodic fee for the previous financial year were at least £50,000, the firm must pay:
(a) an amount equal to 50% of the SFGB money advice or SFGB debt advice levy payable for the previous year, by 1 April in the financial year to which the sum due under FEES 7A.3.1R relates; and (b) the balance of the SFGB money advice levy or SFGB debt advice levy due for the current financial year by 1 September in the financial year to which that sum relates. (2) For the purposes of FEES 7A.3.1R(2), FEES 4.3.6R(2) is modified so that if the firm’s periodic fee for the previous financial year was less than £50,000, the firm must pay its SFGB money advice levy or SFGB debt advice levy in full by 1 July in the financial year to which that sum relates. Calculation of the money advice levy and debt advice levy 7A.3.3 R The SFGB money advice levy and SFGB debt advice levy are each calculated as follows:
FCA 2018/XX
(1) identify each of the activity groups set out in Part 1 of FEES 7A
Annex 1R and Part 1 of FEES 7A Annex 2R that apply to the
business of the firm for the relevant period (for this purpose, the activity groups under FEES 7A Annex 1R are defined in accordance with Part 1 of FEES 4 Annex 1AR and the activity groups under FEES 7A Annex 2R are defined in accordance with Part 1 of that
Annex);
(2) calculate, for each of those activity groups identified in (1), the amount payable in the way set out in FEES 7A.3.4R; (3) add each of the amounts calculated under (2); (4) work out whether a minimum fee is payable under Part 2 of FEES 7A Annex 1R and if so how much; (5) add together the amounts calculated under (3) and (4); (6) modify the result as indicated by (if applicable) FEES 4.2.7ER, FEES 4.2.7FR, FEES 4.2.7GR, FEES 4.27HR, FEES 4.2.7IR, FEES 4.2.7JG and FEES 4.2.7KR; (7) apply any applicable payment charge specified in FEES 4.2.4R to the amount in (6), provided that:
(a) for payment by direct debit, successful collection of the amount due is made at the first attempt by the FCA; or (b) for payment by credit transfer, the amount due is received by the FCA on or before the due date; and (8) make the calculations using information obtained in accordance with FEES 4.4 in the case of FEES 7A Annex 1R and Part 3 of FEES 7A
Annex 2R in the case of Part 2 of that Annex.
7A.3.4 R The amount payable by a firm with respect to a particular activity group is calculated as follows:
(1) calculate the size of the firm’s tariff base for that activity group using:
(a) the tariff base calculations in Part 3 of FEES 4 Annex 1AR,
Part 3 of FEES 4 Annex 11 and Part 2 of FEES 7A Annex 2R;
and
(b) the valuation date requirements in Part 5 of FEES 4 Annex 1AR, Part 3 of FEES 4 Annex 11R and Part 3 of FEES 7A
Annex 2;
(2) use the figure in (1) to calculate which of the bands set out in the
table in Part 1 of FEES 7A Annex 1R and Part 4 of FEES 7A Annex
FCA 2018/XX
2R the firm falls into;
(3) add together the fixed sums, as set out in the table in Part 1 of FEES 7A Annex 1R and Part 4 of FEES 7A Annex 2R, applicable to each band identified under (2); (4) the amount in (3) is the amount payable by the firm with respect to that activity group. 7A.3.5 R For the purposes of FEES 7A.3.4R:
(1) a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:
(a) it has reasonable grounds for believing that the costs of identifying the firm’s UK business separately from its non-UK business in the way described in Part 3 of FEES 4 Annex 1AR and Part 1 of FEES 4 Annex 11R are disproportionate to the difference in fees payable; and (b) it notifies the FCA in writing at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned; (2) for a firm which has not complied with FEES 4.4.2R (information on which fees are calculated) or FEES 4.4.8D (Information relating to payment services and the issuance of electronic money) for this period, the SFGB money advice levy and SFGB debt advice levy is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10. 7A.3.6 R The modifications in Part 3 of FEES 4 Annex 2AR and Part 7 of FEES 4
Annex 11R apply.
Amount payable by the Society of Lloyds
7A.3.7 R The SFGB money advice levy in relation to the Society is specified against its activity group in Part 1 of FEES 7A Annex 1R. FEES 4 rules incorporated into FEES 7A by cross-reference 7A.3.8 G The Handbook provisions relating to the SFGB money advice levy and SFGB debt advice levy are meant to follow closely the provisions relating to the payment of periodic fees under FEES 4.3.1R For brevity, not all of these provisions are set out again in FEES 7A. In some cases, certain FEES 4 rules are applied to the payment of the SFGB money advice levy and SFGB debt advice levy by individual rules in FEES 7A. The rest are set out in the
table in FEES 7A.3.10R.
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7A.3.9 R The rules set out in the table in FEES 7A.3.10R and any other rules in FEES 4 included in FEES 7A by cross-reference apply to the SFGB money advice levy and SFGB debt advice levy in the same way as they apply to periodic fees payable under FEES 4.3.1R. 7A.3.10 R Table of rules in FEES 4 that also apply to FEES 7A to the extent that in FEES 4 they apply to fees payable to the FCA 7A.3.11 D FEES 4.4.7D to FEES 4.4.9D (Information relating to payment services and the issuance of electronic money) also apply to FEES 7A. 7A.3.12 R References in a FEES 4 rule incorporated into FEES 7A by cross-reference to a periodic fee should be read as being to the SFGB money advice levy and FEES 4 rules incorporated into FEES 7A Description FEES 4.2.4R Method of payment FEES 4.2.7ER Modifications for persons becoming subject to periodic fees during the course of a fee year FEES 4.2.7FR Calculating the fee in the firm’s first year of authorisation FEES 4.2.7GR Calculating fees in the second fee-year where the firm received permission between 1 January and 31 March in its first fee year FEES 4.2.7HR to FEES 4.2.7KR Calculating all other fees in the second and subsequent years of authorisation where a full year of tariff data is not available FEES 4.2.8R How FEES 4.2.7R applies in relation to an incoming EEA firm or an incoming Treaty firm FEES 4.2.10R Extension of time FEES 4.2.11R (first entry only) Due date and changes in permission for periodic fees FEES 4.3.7R Groups of firms FEES 4.3.13R Firms applying to cancel or vary permission before start of period FEES 4.3.17R Firms acquiring businesses from other firms FEES 4.4.1R to FEES 4.4.6R Information on which fees are calculated
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SFGB debt advice levy. References in a FEES 4 rule incorporated into FEES 7A to market operators, service companies, MTF operators, investment exchanges, or designated professional bodies should be disregarded. 7A.3.13 G In some cases, a FEES 4 rule incorporated into FEES 7A in the manner set out in FEES 7A.3.8G will refer to another rule in FEES 4 that has not been individually incorporated into FEES 7A. Such a reference should be read as being to the corresponding provision in FEES 7A. The main examples are set out in FEES 7A.3.14G. 7A.3.14 G Table of FEES 4 rules that correspond to FEES 7A rules FEES 4 rules Corresponding FEES 7A rules FEES 4.2.1R FEES 7A.3.1R FEES 4.3.1R FEES 7A.3.3R FEES 4.3.3R FEES 7A.3.3R FEES 4.3.3AR FEES 7A.3.3R FEES 4.3.12R FEES 7A.3.6R FEES 4.3.12AR FEES 7A.3.6R
Part 1 of FEES 4 Annex
2AR
Part 1 of FEES 7A Annex 1R
Part 2 of FEES 4 Annex
11R
Part 1 of FEES 7A Annex 1R
Part 5 of FEES 4 Annex
11R
Part 1 of FEES 7A Annex 1R
7A.4 The SFGB pensions guidance advice levy Obligation to pay SFGB pensions guidance levy 7A.4.1 R A firm must pay the SFGB pensions guidance levy applicable to it:
(1) in full and without deduction; and
(2) in accordance with the rules in this section.
Calculation of SFGB pensions guidance levy 7A.4.2 R The SFGB pensions guidance levy applicable to a particular firm is calculated as follows:
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(1) identify each of the activity groups in FEES 7A.1.2R(2) that apply to the business of the firm for the relevant period; (2) calculate the amount payable under FEES 7A.4.3R for each of those activity groups; (3) modify the result in accordance with, if applicable, FEES 7A.4.4R; and (4) apply any payment charge in FEES 4.2.4R. 7A.4.3 R The amount payable for a particular activity group is calculated as follows:
(1) (a) calculate the size of the firm’s tariff base for the activity group using:
(i) the tariff base calculations in Part 3 of FEES 4 Annex 1AR; and (ii) the valuation date requirements in Part 5 of FEES 4
Annex 1AR;
(b) exclude best estimate liabilities for fees purposes in the calculation for fee-block A4; (2) use the figure in (1) to calculate the levy applicable for each band in FEES 7A Annex 3R; (3) add together the sums for each applicable band under (2); (4) the amount in (3) is the amount payable by the firm for that activity group. 7A.4.4 R For the first fee year during which FEES 7A.4.2R applies to a firm’s permission to carry on a regulated activity, the SFGB pensions guidance levy applicable to that permission must be modified using the formula in FEES 4.2.6R. 7A.4.5 R For FEES 7A.4.3R, a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:
(1) it has reasonable grounds for believing that the cost of identifying the firm’s UK business separately from its non-UK business is disproportionate to the difference in the SFGB pensions guidance levy payable by it; and (2) it notifies the FCA in writing:
(a) at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated); or
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(b) if earlier, at the time it pays the SFGB pensions guidance levy applicable to it. 7A.4.6 R The SFGB pensions guidance levy is calculated using the same information that is used to calculate a firm’s periodic fee under FEES 4. 7A.4.7 R Where a firm which has not complied with FEES 4.4.2R (information on which fees are calculated) in relation to a particular fee year the SFGB pensions guidance levy for that firm for that fee year is calculated using (where relevant) the valuation(s) of business used to calculate the SFGB pensions guidance levy for that firm for the previous fee year, multiplied by the factor of 1.10. Application of FEES 4 to the SFGB pensions guidance levy 7A.4.8 G (1) The Handbook provisions relating to the SFGB pensions guidance levy are meant to follow closely the provisions relating to the payment of periodic fees payable by an authorised person under FEES 4. (2) As such, the table in FEES 7A.4.11R lists rules in FEES 4 that also apply, in a modified form, to the SFGB pensions guidance levy. 7A.4.9 R The rules in the table in FEES 7A.4.11R and any other rules in FEES included in FEES 7A.4 by cross-reference apply to the SFGB pensions guidance levy in the same way as they apply to periodic fees payable under FEES 4. 7A.4.10 R A reference to a periodic fee in a FEES 4 rule incorporated into FEES 7A.4 must be read, for the purposes of applying that rule to the SFGB pensions guidance levy, as a reference to the SFGB pensions guidance levy. 7A.4.11 R Table of rules in FEES 4 that also apply in FEES 7A.4. FEES 4 incorporated into FEES 10 Description Modifications FEES 4.2.4R Method of payment None FEES 4.2.7ER Modifications for persons becoming subject to periodic fees during the course of a fee year None FEES 4.2.7FR Calculating the fee in the firm’s first year of authorisation None
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FEES 4.2.7GR Calculating fees in the second fee year where the firm received permission between 1 January and 31 March in its first fee year None FEES 4.2.7HR to FEES 4.2.7KR Calculating all other fees in the second and subsequent years of authorisation where a full year of tariff data is not available None FEES 4.2.8R How FEES 4.2.7R applies to an incoming EEA firm or an incoming Treaty firm None FEES 4.2.9R Fee payers ceasing to hold relevant status or reducing the scope of their permission after start of relevant period Reference to column (1) of the table in FEES 4.2.11R is a reference to FEES 7A.1.3G FEES 4.3.7R Groups of firms Reference to FEES 4.2.1R is a reference to FEES 7A.4.1R FEES 4.3.13R Firms applying to cancel or vary permission before start of period Reference to FEES 4.2.1R is a reference to FEES 7A.4.1R FEES 4.3.17R Firms acquiring businesses from other firms Reference to FEES 4.2.7ER to FEES 4.2.7KR is a reference to FEES 7A.4.4R Reference to FEES 4.2.1R is a reference to FEES 7A.4.1R FEES 4.4.1R to FEES 4.4.6R Information on which fees are calculated None After FEES 7A (SFGB levies) insert the following new Annexes. The text is not underlined. 7A
Annex
SFGB money advice levy for the period from 1 April 2018 to 31 March 2019
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1R
Part 1
This table shows the SFGB money advice levy applicable to each activity group (fee-block). Activity group SFGB money advice levy payable A.1 Band Width (£ million of Modified Eligible Liabilities (MELs)) Fee (£/£m or part £m of MELs) >10 0.0528 A.2 Band Width (no. of mortgages and/or home finance transactions) Fee (£/mortgage) >50 0.0196 A.3 Gross written premium for fees purposes (GWP) Band Width (£ million of GWP) Fee (£/£m or part £m of GWP) >0.5 1.0200 PLUS Best estimate liabilities for fees purposes (BEL) Band Width (£ million of BEL) Fee (£/£m of part £m of BEL)
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1 0.0577
A.4 Gross written premium for fees purposes (GWP) Band Width (£ million of GWP) Fee (£/£m or part £m of GWP) >1 0.4930 PLUS Best estimate liabilities for fees purposes (BEL) Band Width (£ million of BEL) Fee (£/£m or part £m of BEL) >1 0.0227 A.5 Band Width (£ million of Active Capacity (AC)) Fee (£/£m or part £m of AC) >50 0.0000 A.6 Flat levy 0.0000 A.7 For class 1(c),(2), (3) and (4) firms:
Band Width (£ million of
Funds under
Management
(FuM))
Fee (£/£m of part £m of FuM)
10 0.0056
For class 1(B) firms: the fee calculated as for class 1(C) firms above, less 15%.
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For class 1(A) firms: the fee calculated as for class 1(C) firms above, less 50%. Class 1(A), (B) and (C) firms are defined in FEES 4 Annex 1AR. A.9 Band Width (£ million of Gross Income (GI)) Fee (£/£m of part £m of GI) >1 3.1190 A.10 Band Width (no. of traders) Fee (£/trader) >1 5.0874 A.13 For class (2) firms Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.0025 For a professional firm in A.13 the fee is calculated as above less 10%. A.14 Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.0011 A.18 Band Width (£ thousands of Annual Income (AI)) Fee ((£/£ thousand or part £ thousand of AI) >100 0.0080 A.19 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.0014
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A.21 Band Width (£ client money)
(CM) held
Fee (£/£ millions or part £m of CM) less than £1 million 0.08 an amount equal to or greater than £1 million but less than or equal to £1 billion 0.06 more than £1 billion 0.04 PLUS Safe custody assets Band Width (£ safe custody assets) (CA) held Fee (£/£ millions or part £m of CA) less than £10 million 0.00027 an amount equal to or greater than £10 million and less than or equal to £100 billion 0.00021 more than £100 billion 0.00014 G.3 Minimum fee (£) £ thousands or
part £
thousand of
Relevant
Income
Fee (£/£thousand or part £ thousand of
Relevant Income)
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100 0.0011
G.4 Flat fee (£) 0
G.10 Minimum fee
(£)
£ million or
part £m of
average outstanding electronic money
(AOEM)
Fee (£/£m or part £m of AOEM)
5.0 0.3000
G.11 Flat fee (£) 0
CC.1 Minimum fee
(£)
£ thousand of annual income
(AI)
Fee (£/£ thousand or part £ thousand of AI) >250 0.00433 CC.2 Minimum fee (£) £ thousands of annual income (AI) Fee (£/£ thousand or part £ thousand of AI >250 0.00433 Notes (1) The definitions of fee-blocks G5 and G10 under Part 2 and Part 2A of FEES 4
Annex 11R are modified, for the purposes of FEES 7A so that they exclude the
Bank of England, government departments, local authorities, municipal banks and the National Savings Bank. (2) The definitions of those fee-blocks are further amended to exclude EEA firms and those which hold a Part 4A permission. 7 Annex 2R SFGB debt advice levy for the period from 1 April 2018 to 31 March 2019
Part 1
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This table shows how the FCA links the regulated activities for which a firm has permission to activity groups (fee-blocks). A firm can use the table to identify which fee-blocks it falls into based on its permission for the purposes of the SFGB debt advice levy applicable to each activity group (fee-block). Activity group SFGB debt advice levy payer falls in the activity group if:
A.2 Home finance providers and administrators It falls under activity group A.2 as defined in Part 1 of FEES 4
Annex 1AR.
CC.3 Consumer credit lending
Its permission is in relation to the following regulated activities:
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CC.3 Consumer credit lending
Value of lending in column A of data item CCR003 reported by firms under SUP 16 Annex 38AR, being the sum of data elements entered in rows:
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CC.3 Consumer credit lending
Value of lending under Part 2 valued at the firm’s accounting reference date in the calendar year ending 31 December occurring before the start of the period to which the SFGB debt advice levy applies.
Part 4
This table shows the tariff rates applicable to each of the fee-blocks set out in
Part 1.
Activity group SFGB debt advice levy payable A.2 Home finance providers and administrators Band width (£million of secured debt) >0 Fee (£/£m or part £m of secured debt) 0.7787 CC.3 Consumer credit lending Band width (£million of value of lending) >0 (Note 1) Fee (£/£m or part £m of value of lending) 4.183 Note (1) Credit unions and community finance organisations do not pay any SFGB debt advice levy on the first £2,000,000 of value of lending. 7A
Annex
3R
SFGB pensions guidance levy for the period 1 April 2018 to 31 March 2019 Activity group SFGB pensions guidance levy payable A.1 Band width (£ million of modified eligible liabilities (MELs)) >10 Fee (£/£m or part £m of MELS) 0.053 A.4 Band width (£ million of gross written premium for fees purposes (GWP) >1 Fee (£/£m or part £m of GWP) 0.982
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A.7 For class 1(B), 1
(C), (2) and (3) firms:
Band width (£ million of funds under management (FuM)) >10 Fee (£/£m or part £m of FuM) 0.0203 A.9 Band width (£ million of gross income (GI)) >1 Fee (£/£m or part £m of GI) 7.981 A.13 Band width3 (£ thousands of annual income (AI)) >100 Fee (£/£ thousand or part of £ thousand of AI) 0.0028
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Annex C
Amendments to the Credit Unions sourcebook (CREDS) In this Annex, underlining indicates new text. Sch 3 Fees and other required payments Sch 3.2G Description of fee Reference … … CFEB levy FEES 7 SFGB levy FEES 7A …
CP18/10
Appendix 4
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Appendix 4
Fees (Tariff data for insurers from 2018/19) Instrument 2018 (made rules)
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FOS 2018/2
FEES (TARIFF DATA FOR INSURERS FROM 2018/2019) INSTRUMENT 2018 Powers exercised by the Financial Ombudsman Service A. The Financial Ombudsman Service Limited fixes and varies the standard terms for Voluntary Jurisdiction participants relating to the payment of fees under the Voluntary Jurisdiction in Annex B to this instrument in the exercise of the following powers and related provisions in the Financial Services and Markets Act 2000 (“the Act”):
(1) section 225 (The scheme and the scheme operator); and (2) paragraph 18 (Terms of reference to the scheme) of Schedule 17. B. The fixing and variation of standard terms relating to the payment of fees by the Financial Ombudsman Service Limited is subject to the approval of the Financial Conduct Authority. Powers exercised by the Financial Conduct Authority
C. The Financial Conduct Authority makes this instrument in the exercise of the
following powers and related provisions in the Act:
(1) section 137A (The FCA’s general rules); (2) section 137T (General supplementary powers); (3) section 139A (Power of the FCA to give guidance); (4) section 234 (Industry funding); and (5) paragraph 23 (Fees) in Part 3 (Penalties and Fees) of Schedule 1ZA (The Financial Conduct Authority). D. The rule-making provisions listed above are specified for the purposes of section 138G(2) (Rule-making instruments) of the Act. E. The Financial Conduct Authority approves the fixing and variation of the standard terms relating to the payment of fees by the Financial Conduct Ombudsman Service Limited. Commencement F. This instrument comes into force on 1 April 2018. Amendments to the Handbook G. The Glossary of definitions is amended in accordance with Annex A to this instrument. H. The Fees manual (FEES) is amended in accordance with Annex B to this instrument. Citation
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I. This instrument may be cited as the Fees (Tariff Data for Insurers from 2018/2019)
Instrument 2018.
By order of the Board of the Financial Ombudsman Service Limited 7 March 2018 By order of the Board of the Financial Conduct Authority 22 March 2018
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FOS 2018/2
Annex A
Amendment to the Glossary of definitions
In this Annex, underlining indicates new text.
Amend the following text as shown. non-directive firm (1) (in SUP 11 (Controllers and close links) and SUP 16 (Reporting requirements)) (in accordance with the Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009 (SI 2009/774)) a UK domestic firm other than:
(a) a credit institution authorised under the Banking Consolidation Directive; (b) an investment firm authorised under MIFID; (c) a management company as defined in article 2(1)(b) of the UCITS Directive, authorised under that directive; (d) a Solvency II firm. (2) (in FEES 4 Annex 1AR Part 3) has the meaning given to it in the Glossary of the PRA Rulebook.
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Annex B
In this Annex, underlining indicates new text and striking through indicates deleted text. 4 Periodic fees …
4.2 Obligation to pay periodic fees
…
4.2.7K R Where the measure is not cumulative (e.g. the number of traders for feeblock A10), the firm must use the figure relating to its annual reporting date (e.g. 31 December for A10) or, if that is not available, the projected figure used when it was authorised. Table A sets out the reporting requirements for the key fee-blocks when actual data is not available:
Table A: calculating tariff data for second and subsequent years of
authorisation when full trading figures are not available Feeblock Tariff base Calculation where trading data are not available … A3. Insurers - general Annual gross premium income Gross written premium for fees purposes (GWP) for the financial year ended in the calendar year ending 31 December and gross technical liabilities best estimate liabilities for fees purposes (BEL) valued at the end of the financial year Income GWP – apply the formula (A÷B) x 12 to arrive at an annualised figure. Gross technical liabilities and mathematical reserves. Use BEL – use data at valuation date or, if trading has not commenced by then, use projections provided at authorisation. A4. Insurers
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FOS 2018/2
4.4 Information on which fees are calculated
…
4.4.2 R A firm (other than the Society) must send to the FCA (in its own capacity
and, if applicable, in its capacity as collection agent for the PRA) in writing the information required under FEES 4.4.1R as soon as reasonably practicable, and in any event within two months, after the date specified as the valuation date in Part 5 of FEES 4 Annex 1AR in relation of to fees payable to the FCA (or FEES 4.2.7BR where applicable) unless FEES 4.4.2AR applies. [Note: Transitional provisions apply to FEES 4.4.1R and FEES 4.4.2R for firms in activity groups A.3 and A.4 – see FEES TP 13] 4.4.2A R If a firm is a UK Solvency II firm, an incoming EEA firm or an incoming Treaty firm in activity group A.3 or A.4 and the PRA or the FCA has either:
(1) not received the necessary tariff data on a timely basis in line with Part 3 and 5 of FEES 4 Annex 1AR; or (2) deemed the tariff data received to be incomplete or insufficiently reliable, by reference to a specific firm or across all or part of the activity group, the FCA may use tariff data from the previous reporting period for the periodic fees calculation. … 4 Annex 1AR FCA activity groups, tariff bases and valuation date …
Part 3
This table indicates the tariff base for each fee-block set out in Part 1. The tariff base in this Part is the means by which the FCA measures the amount of business conducted by a firm for the purposes of calculating the annual periodic fees payable to the FCA by that firm. Activity group Tariff base … A.3 GROSS PREMIUM INCOME GROSS WRITTEN PREMIUM FOR FEES PURPOSES AND GROSS TECHNICAL LIABILITIES BEST ESTIMATE
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LIABILITIES FOR FEES PURPOSES
For insurers:
The amount of premium receivable which must be included in the documents required to be deposited under IPRU(INS) (as defined in the Fees Part of the PRA Rulebook) 9.6 in relation to the financial year to which the documents relate but disregarding for this purpose such amounts as are not included in the document by reason of a waiver or an order under
section 68 of the Insurance Companies Act 1982
carried forward as an amendment to IPRU(INS) (as defined in the Fees Part of the PRA Rulebook) under transitional provisions relating to written concessions in SUP; Gross written premium for fees purposes means:
(1) for UK Solvency II firms, a firm’s gross written premium as reported to the PRA, being the total of items entered under row codes R0110, R0120 and R0130, as expressed in column code C0200 where this column is completed for those row codes of the annual quantitative reporting template S.05.01.01; (2) for incoming EEA firms or incoming Treaty firms, a firm’s gross written premium as reported to their Home State regulator, being the total of items entered under row codes R0110, R0120 and R0130, as expressed in column code C0200 where this column is completed for those row codes, of the annual quantitative reporting template S.05.01.01 but only in relation to the regulated activities of the firm which are carried on in the United Kingdom, (except those provided on a cross border services basis); and (3) for non-directive firms, a firm’s gross premium written as reported to the PRA under item 11 of form 11, or where this is not reported because the firm is a Swiss general insurer, the entry at sheet 1, line 1, column 1, of form 20A, or where the firm is a friendly society, the income and expenditure account entry for gross premium written or contributions as income receivable, as appropriate under the Friendly Societies (Accounts and Related Provisions) Regulation 1994 (SI 1994/1983). AND the amount of gross technical liabilities IPRU(INS) (as defined in the Fees Part of the PRA Rulebook) Appendix 9.1 - Form 15, line 19) which must be included in the documents required to be deposited under FUND 3.4.8G IPRU(INS) (as defined
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FOS 2018/2 in the Fees Part of the PRA Rulebook) 9.6R in relation to the financial year to which the documents relate but disregarding for this purpose such amounts as are not included in the document by reason of a waiver or an order under section 68 of the Insurance Companies Act 1982 carried forward as an amendment to IPRU(INS) (as defined in the Fees Part of the PRA Rulebook) under transitional provisions relating to written concessions in SUP. Best estimate liabilities for fees purposes means:
(1) for UK Solvency II firms, a firm’s best estimate liabilities as reported to the PRA, being the sum of items entered under row codes R0010, R0370, R0380, R0410 and R0420, column code C0180, of the annual quantitative reporting template S17.01.01; plus the sum of items entered under row codes R0010, R0030, column codes C0090, C0140 and C0190, of the annual quantitative reporting template S12.01.01; (2) for incoming EEA firms or incoming Treaty firms, a firm’s best estimate liabilities as reported to their Home State regulator, being the sum of items entered under row codes R0010, R0370, R0380, R0410 and R0420, column code C0180, of the annual quantitative reporting template S17.01.01; plus the sum of items entered under row codes R0010, R0030, column codes C0090, C0140 and C0190, of the annual quantitative reporting template S12.01.01 but only in relation to the regulated activities of the firm which are carried on in the United Kingdom, except those provided on a cross border services basis; and (3) for non-directive firms, a firm’s total gross technical provisions as reported to the PRA under item 19 of form 15, or where this is not reported because the firm is a marine mutual, item 29 of form M2, or where the firm is a friendly society, the balance sheet entry C3 ‘claims outstanding’ where this entry is required under the Friendly Societies (Accounts and Related Provisions) Regulations 1994 (SI 1994/1983); and otherwise zero. ‘Annual quantitative reporting template’ has the meaning given in Fees Chapter 1 Application and Definitions of the PRA Rulebook. ‘Corporate pension business’ has the meaning given in Fees Chapter 1 Application and Definitions of the PRA Rulebook. ‘UK Solvency II firm’ has the meaning given in Insurance General Application 2 of the PRA
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FOS 2018/2
Rulebook.
Notes:
(1) in the case of either:
(a) a pure reinsurer carrying on general insurance business through a branch in the United Kingdom; or (b) an insurer whose head office is not in an EEA State carrying on general insurance business through a branch in the United Kingdom; or (c) an EEA-deposit insurer; the amount only includes premiums received and gross technical liabilities held in respect of its United Kingdom business; (2) for a Swiss general insurance company, premiums and gross technical liabilities include those relevant to the operations of the company’s United Kingdom branch; and (3) a firm need not include premiums and gross technical liabilities relating to pure protection contracts which it reports, and pays a fee on, in the A.4 activity group. For friendly societies:
Either:
(a) the value of contributions as income under
Schedule 7: Part I item 1(a) to the Friendly Societies
(Accounts and Related Provisions) Regulations 1994 (SI 1994/1983) (the regulations) for a non-directive friendly society, included within the income and expenditure account; or (b) the value of gross premiums written under
Schedule 1: Part I items I.1(a) and II.1.(a) of the
regulations for a directive friendly society included within the income and expenditure account. Notes:
(1) In both (a) and (b) above only premium receivable in respect of United Kingdom business are relevant. (1) The recovery of the FCA’s annual funding requirement allocated to the A.3 fee-block will be weighted:
(a) 90% from gross written premium for fees purposes; and (b) 10% from best estimate liabilities for fees
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FOS 2018/2 purposes.
(2) This tariff base (A.3 fee-block) does not include gross written premium for fees purposes and best estimate liabilities for fees purposes on which a composite firm reports data relevant for fee-block A.4. (3) Where any figure used in the calculation of this tariff base is a negative number, it shall instead be deemed to be zero. (2 4) For UK ISPVs the this tariff base is not relevant and a flat fee set out in FEES 4 Annex 2AR is payable. A.4 ADJUSTED GROSS PREMIUM INCOME GROSS WRITTEN PREMIUM FOR FEES PURPOSES AND MATHEMATICAL RESERVES BEST ESTIMATE LIABILITIES FOR FEES PURPOSES (see FEES 4 Annex 12G) Amount of new regular premium business (yearly premiums including reassurances ceded but excluding cancellations and reassurances accepted), times ten; Plus:
amounts of new single premium business (total including reassurances ceded but excluding cancellations and reassurances accepted). Group protection business (life and private health insurance) must be included; Less:
premiums relating to pension fund management; Less:
premiums relating to Trustee Investment Plans.
For each of the above, business transacted through independent practitioners or tied agents (either single or multi-tie) will be divided by two in calculating the adjusted gross premium income; Gross written premium for fees purposes means:
(1) for UK Solvency II firms, a firm’s gross written premium as reported to the PRA, being the item entered under row code R1410, column code C0300 of the annual quantitative reporting template S05.01.01 minus corporate pension business as reported to the PRA under the annual quantitative reporting template S14.01.01; and (2) for incoming EEA firms or incoming Treaty firms, a firm’s gross written premium as reported to their
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FOS 2018/2
Home State regulator, being the item entered under row code R1410, column code C0300 of the annual quantitative reporting template S05.01.01 minus corporate pension business as reported to the PRA under the annual quantitative reporting template S14.01.01 but only in relation to the regulated activities of the firm which are carried on in the United Kingdom, except those provided on a cross border services basis. AND the amount of mathematical reserves (IPRU (INS) (as defined in the Fees Part of the PRA Rulebook)
Appendix 9.1R - Form 14 , Line 11 ) which must be
included in the documents required to be deposited under IPRU (INS) (as defined in the Fees Part of the PRA Rulebook) 9.6R in relation to the financial year to which the documents relate but disregarding for this purpose such amounts as are not included in the document by reason of a waiver or an order under
section 68 of the Insurance Companies Act 1982
carried forward as an amendment to IPRU (INS) (as defined in the Fees Part of the PRA Rulebook) under transitional provisions relating to written concessions in SUP; Less mathematical reserves relating to pension fund management. Less mathematical reserves relating to Trustee Investment Plans. Best estimate liabilities for fees purposes means:
(1) for UK Solvency II firms, a firm’s best estimate liabilities as reported to the PRA, being the sum of items entered under row codes R0010 and R0030, column codes C0150 and C0210 minus the sum of items entered under row codes R0010 and R0030, column codes C0090, C0140 and C0190 of the annual quantitative reporting template S12.01.01; minus corporate pension business reported under the annual quantitative reporting template S14.01.01; and (2) for incoming EEA firms or incoming Treaty firms, a firm’s best estimate liabilities as reported to their Home State regulator, being the sum of items entered under row codes R0010 and R0030, column codes C0150 and C0210 minus the sum of items entered under row codes R0010 and R0030, column codes
FCA 2018/14
FOS 2018/2
C0090, C0140 and C0190 of the annual quantitative reporting template S12.01.01; minus corporate pension business reported under the annual quantitative reporting template S14.01.01 but only in relation to the regulated activities of the firm which are carried on in the United Kingdom, except those provided on a cross border services basis. ‘Annual quantitative reporting template’ has the meaning given in Fees Chapter 1 Application and Definitions of the PRA Rulebook. ‘Corporate pension business’ has the meaning given in Fees Chapter 1 Application and Definitions of the PRA Rulebook. ‘UK Solvency II firm’ has the meaning given in Insurance General Application 2 of the PRA Rulebook. Notes:
(1) Only premiums receivable and mathematical reserves held in respect of United Kingdom business are relevant. (2) An insurer must include in its calculation of adjusted gross premium income (AGPI) and mathematical reserves (MR) the value of MR and AGPI relating to all risks ceded to ISPVs. (3) Trustee Investment Plans are the class of contract of insurance specified in Class III of Part II of
Schedule 1 to the Regulated Activities Order
(Contracts of long-term insurance) and which are invested in pooled funds beneficially owned by the insurer and not earmarked to individual beneficiaries by that insurer. (1) The recovery of the FCA’s annual funding requirement allocated to the A.4 fee-block will be weighted:
(a) 7550% from gross written premium for fees purposes; and (b) 2550% from best estimate liabilities for fees purposes. (2) For non-directive firms, including non-directive composite firms to the extent that they come within the A.4 fee block, the tariff base is not relevant to the level of fees due and only the minimum fee as specified in Part 2(b) of FEES 4 Annex 2AR is payable. (3) Where any figure used in the calculation of this
FCA 2018/14
FOS 2018/2 tariff base is a negative number, it shall instead be deemed to be zero. …
Part 5
This table indicates the valuation date for each fee-block. A firm can calculate its tariff data in respect of fees payable to the FCA by applying the tariff bases set out in Part 3 with reference to the valuation dates shown in this table. Activity group Valuation date … A.3 Annual gross premium income (GPI), for the financial year ended in the calendar year ending 31 December. AND Gross technical liabilities (GTL) valued at the end of the financial year ended in the calendar year ending 31 December. [Note: Transitional provisions apply – see FEES TP 13] The firm’s gross written premium for fees purposes and its best estimate liabilities for fees purposes for the firm’s financial year which ends in the calendar year to 31 December prior to commencement of the fee year. A.4 Adjusted annual gross premium income (AGPI) for the financial year ended in the calendar year ending 31 December. AND Mathematical reserves (MR) valued at the end of the financial year ended in the calendar year ending 31 December. [Note: Transitional provisions apply – see FEES TP 13] For UK Solvency II firms, including composite UK Solvency II firms to the extent that they are required to report data used for this tariff base, the firm’s gross written premium for fees purposes and its best estimate liabilities for fees purposes, for the firm’s financial year which ends in the calendar year to 31 December prior to commencement of the fee year.
FCA 2018/14
FOS 2018/2
…
4 Annex
2AR
FCA Fee rates and EEA/Treaty firm modifications for the period from 1 April 2017 2018 to 31 March 2018 2019
Part 1
This table shows the tariff rates applicable to each of the fee blocks set out in Part 1 of FEES 4 Annex 1AR. … Activity group Fee payable … A.3 Gross premium income (GPI) Gross written premium for fees purposes (GWP) Periodic fee Band width (£million of GPI GWP) Fee (£/m or part £m of GPI GWP) >0.5 345.71 [tbc] PLUS Gross technical liabilities (GTL) Best estimate liabilities for fees purposes (BEL) General Periodic fee Band Width (£million of GTL BEL) Fee (£/£m or part £m of GTL BEL) >1 18.53 [tbc] For UK ISPVs the tariff rates are not relevant and a flat fee of £471 [tbc] is payable in respect of each FCA financial year (the 12 months ending 31 March) A.4 Adjusted annual gross premium income (AGPI) Gross written premium for fees purposes (GWP) General Periodic fee Band Width (£million of AGPI GWP) Fee (£/£m or part £m of AGPI GWP)
FCA 2018/14
FOS 2018/2
1 525.91 [tbc]
PLUS
Mathematical reserves
(MR) Best estimate liabilities for fees purposes (BEL) General Periodic fee Band Width (£million of MR BEL) Fee (£/£m or part £m of MR BEL) >1 11.08 [tbc] …
Part 2
The tables below show the tariff rates (minimum fees) applicable to each of the fee blocks set out in Part 2 of FEES 4 Annex 1AR.
Part 2(a) shows the tariff rates (minimum fees) payable to the FCA by FCAauthorised persons and Part 2(b) shows the tariff rates (minimum fees) payable to
the FCA by PRA-authorised persons.
[Note: PRA-authorised persons will also pay minimum fees to the PRA as set out in Chapter 3 of the Fees Part of the PRA Rulebook Rulebook.] …
Part 2(b) tariff rates (minimum fees) payable to the FCA by PRA-authorised
persons
A.0 (1) £547 unless:
…
(b) it is a non-directive friendly society that falls into the A.3 activity group but not the A.4 activity group and meets the conditions set out in (3)(a) and has, for that activity, 0.5 million or less in gross written premium for fees purposes and holds best estimate liabilities for fees purposes of 1.0 million or less, in which case the minimum fee payable is £235 [tbc]; or (c) it is a non-directive friendly society that falls into the A.4 activity group but not the A.3 activity group and meets the conditions in (3)(b) and has,
FCA 2018/14
FOS 2018/2 for that activity, written 1.0 million or less in gross written premium for fees purposes and holds best estimate liabilities for fees purposes of 1.0 million or less, in which case the minimum fee payable is £235 [tbc]; or (d) it is a non-directive friendly society that falls into the A.3 and A.4 activity groups and meets the conditions in (3)(a) and (3)(b), in which case the minimum fee payable is £235[tbc]. … (3) The conditions referred to in (1)(d) are that:
(a) the non-directive friendly society falls into the A.3 activity group and has, for that activity, 0.5 million or less in gross premium income gross written premium for fees purposes and holds gross technical liabilities best estimate liabilities for fees purposes of 1.0 million or less; (b) the non-directive friendly society falls into the A.4 activity group and has, for that activity, written 1.0 million or less in adjusted gross premium income gross written premium for fees purposes and holds mathematical reserves best estimate liabilities for fees purposes of 1.0 million or less. The figures for gross premium income, gross technical liabilities, adjusted gross premium income gross written premium for fees purposes and mathematical reserves best estimate liabilities for fees purposes are the same as used for Part 1 of this Annex. … … 4 Annex 12R Guidance on the calculation of tariffs set out in FEES 4 Annex 1AR Part 3 The following table sets out guidance on how a firm should calculate tariffs for fee-block A.4. Adjusted Gross Premium Income Gross written premium for fees purposes (GWP) and Mathematical reserves Best estimate liabilities for fees purposes (BEL) - calculation of new regular premium business (1) In calculating the new regular premium business element of its Adjusted Gross Premium Income, a firm (A) should not include business transferred from another firm (B) under the procedure set out at Part VII of the Act, during the relevant financial year, provided that that transfer did not involve the creation of new contracts between the policyholders subject to the transfer and A. This is because
FCA 2018/14
FOS 2018/2 that business is existing business even though it is new from the point of view of A. This means that if new contracts are created as part of the transfer, that business should be included in the calculation of As new regular premium income business. (2) If any business is transferred to a firm (A) from another firm (B) under the procedure set out at Part VII of the Act and that business would have been included in B’s tariff base as new regular premium business in the absence of such a transfer, this business should be included in either A’s or B’s tariff base, depending on the date of transfer. FEES 4.3.15R 4.3.17R explains in whose tariff base it should be included. (32) Mathematical reserves Best estimate liabilities for fees purposes should take account of all of A’s business, including all new business transferred from B. … 5 Financial Ombudsman Service funding …
5.3 The general levy
…
5.3.8 R A firm’s general levy under the compulsory jurisdiction Compulsory
Jurisdiction is calculated as follows:
(1) identify each of the tariff bases set out in FEES 5 Annex 1 which apply to the relevant business of the firm for the relevant year; (2) for each of those tariff bases, calculate the sum payable in relation to the relevant business of the firm for that year (except industry blocks 2 and 4, in which case calculate the sum payable for that year); (3) add together the amounts calculated under (2). [Note: Transitional provisions apply to FEES 5.3.8R in relation to firms in industry blocks 2 and 4 – see FEES TP 13] …
5.4 Information requirement
5.4.1 R (1) A firm must provide the FCA by the end of February each year (or, if
the firm has become subject to the Financial Ombudsman Service part way through the financial year, by the date requested by the FCA) with a statement of :
(a) the total amount of relevant business (measured in accordance with the appropriate tariff base(s)) which it conducted, ; or (b) in the case of firms in industry blocks 2 and 4, the gross written
FCA 2018/14
FOS 2018/2 premium for fees purposes as defined in FEES 4 Annex 1AR (unless FEES 5.4.1R(1A) applies), as at or in the year to 31 December of the previous year as appropriate, in relation to the tariff base for each of the relevant industry blocks set out in FEES 5 Annex 1. [Note: Transitional provisions apply to FEES 5.4.1R(1) in relation to firms in industry blocks 2 and 4 – see FEES TP 13] (1A) A firm in industry blocks 2 and 4, has notified the FCA of the amount of gross written premium for fees purposes, as defined in FEES 4 Annex 1AR, that relates to relevant business. The notification must be made by the 30 May each year. 5.4.1-A R (1) In the case of firms in industry blocks 2 and 4 the requirements under FEES 5.4.1R apply in relation to the tariff bases(s) and tariff data in FEES 5 Annex 1R. (2) If a firm is a UK Solvency II firm, an incoming EEA firm or an incoming Treaty firm in industry blocks 2 and 4 in FEES 5 Annex 1R, the FCA may use tariff data from the previous reporting period for the periodic fees calculation if the PRA or the FCA has either:
(a) not received the necessary tariff data in a timely basis in line with Part 3 and 5 of FEES 4 Annex 1AR; or (b) deemed the tariff data received to be incomplete or insufficiently reliable, by reference to a specific firm or across all or part of the industry block. 5.4.1A D … … 5 Annex 1R Annual General Levy Payable in Relation to the Compulsory Jurisdiction for 2018/19 … Compulsory jurisdiction - general levy Industry block Tariff base General levy payable by firm …
FCA 2018/14
FOS 2018/2
5 Annex
2R
Annual Levy Payable in Relation to the Voluntary Jurisdiction 2017/18 2018/19 Insurers
Relevant adjusted annual gross premium income Gross written premium for fees purposes (GWP) as defined in FEES 4
Annex 1AR; or
Relevant gross written premium (RGWP) notified to the FCA under FEES 5.4.1R(1A) £0.01730 [tbc] per £1,000 of relevant adjusted annual gross premium income GWP or RGWP, subject to a minimum levy of £130 [tbc] … Notes … 6 Where the tariff base in the table is defined in similar terms as that for the equivalent activity group in Part 3 of FEES 4 Annex 1A or Part 3 of FEES 4 Annex 11, it must be calculated in the same way as that tariff base - taking into account only the firm’s relevant business (except for firms in industry blocks 2 and 4). … Voluntary jurisdiction - annual levy for VJ participants
FCA 2018/14
FOS 2018/2
Industry block and business activity
Tariff basis Tariff rate
Minimum levy
…
2V VJ participants undertaking general insurance activities [Note:
Transitional provisions apply – see
FEES TP 13] per £1,000 of relevant annual gross premium income gross written premium £0.103 [tbc] £100 [tbc] 3V VJ participants undertaking life insurance activities [Note:
Transitional provisions apply – see
FEES TP 13] per £1,000 of relevant adjusted annual gross premium income gross written premium £0.025 [tbc] £100 [tbc] … Notes (1) For the purposes of FEES 5 Annex 2R and for VJ participants undertaking general insurance activities (industry block 2V) ‘gross written premium’ means:
(a) if subject to reporting requirements under the Solvency II Directive, the total of items entered under row codes R0110, R0120 and R0130, as expressed in column code C0200 where this column is completed for those row codes, of the annual quantitative reporting template S.05.01.01 but only in relation to the relevant business of the VJ participant (in accordance with DISP 4.2.6(5)R and FEES 5.3.8R); and (b) if not subject to reporting requirements under the Solvency II Directive, the gross premiums written but only in relation to the relevant business of the VJ participant (in accordance with DISP 4.2.6(5)R and FEES 5.3.8R). (2) For the purposes of FEES 5 Annex 2R and for VJ participants undertaking life insurance activities (industry block 3V) ‘gross written premium’ means:
(a) if subject to reporting requirements under the Solvency II Directive, the item
FCA 2018/14
FOS 2018/2
…
TP 13 Transitional provisions relating to the calculation of tariff bases for insurers
13.1 Application
13.1.1 R (1) FEES TP 13 applies to:
(a) a firm in activity groups A.3 and/or A.4 in FEES 4 Annex 1AR (FCA activity groups, tariff bases and valuation dates); or (b) a firm in industry blocks 2 and 4 in FEES 5 Annex 1R (Annual General Levy Payable in Relation to the Compulsory Jurisdiction); or (c) a VJ participant in industry blocks 2V and/or 3V in FEES 5
Annex 2R (Annual Levy Payable in Relation to the Voluntary
Jurisdiction).
(2) FEES TP 13 modifies:
(a) FEES 4.2.7R and FEES 4.2.7BR;
(b) FEES 4.3.3R;
(c) FEES 4.4.1R and FEES 4.4.2R;
(d) FEES 4 Annex 1AR, Part 5;
(e) FEES 5.3.8R;
(f) FEES 5.4.1R;
(g) FEES 5.8.1R, FEES 5.8.2R and FEES 5.8.3G; and entered under row code R1410, column code C0300 of the annual quantitative reporting template S05.01.01 minus corporate pension business under the annual quantitative reporting template S14.01.01 but only in relation to the relevant business of the VJ participant (in accordance with DISP 4.2.6(5)R and FEES 5.3.8R); and (b) if not subject to reporting requirements under the Solvency II Directive, the minimum levy would apply. (3) ‘Annual quantitative reporting template’ has the meaning given in Fees
Chapter 1 Application and Definitions of the PRA Rulebook.
(4) ‘Corporate pension business’ has the meaning given in Fees Chapter 1 Application and Definitions of the PRA Rulebook.
FCA 2018/14
FOS 2018/2
(h) FEES 5 Annex 2R. [deleted]
13.1.2 G FEES TP 13 deals with transitional arrangements relating to the calculation
of tariff data for insurers for the fee year 2017/18 as a result of the implementation of the Solvency II Directive from 1 January 2016. [deleted]
13.2 Calculation of tariff bases for fee year 2017/18
13.2.1 R Subject to FEES TP 13.2.2R the following will apply to the calculation of
tariff bases for firms and VJ participants caught by FEES TP 13.1.1R(1) for the fee year 2017/18:
(1) Subject to FEES TP 13.2.1R(2) and FEES TP 13.2.1R(3) fees (including the general levy and the levy for the Voluntary Jurisdiction specified in FEES 5 Annex 2R) will be calculated using the tariff base data reported for the financial year ended in the calendar year ending 2015. (2) If a firm or a VJ participant has acquired or disposed of insurance business by way of an insurance business transfer scheme under Part VII of the Act or Part VIII of the Friendly Societies Act 1992, during the period specified in FEES TP 13.2.3R, it must on or before 28 February 2017:
(a) notify the FCA (or the Financial Ombudsman Service in the case of a VJ participant) that such a transfer has taken place; and (b) provide such information as the FCA (or the Financial Ombudsman Service in the case of a VJ participant) may require to establish the extent to which the tariff base data, referred to in FEES TP 13.2.1R(1), has increased or decreased as a result of the transfer and the amended data provided will form the basis of the fees calculation (including the general levy and the levy for the Voluntary Jurisdiction specified in FEES 5
Annex 2R) for the fee year commencing on 1 April 2017.
(3) A firm in run-off (or a VJ participant in equivalent circumstances) which commenced during the period specified in FEES TP 13.2.3R may on or before 28 February 2017 resubmit adjusted 2015 tariff base data. [deleted] [Note: Under FEES TP 13.2.1R(2) and (3) firms within activity groups A.3 and/or A.4 make resubmissions to the FCA in its capacity as collection agent for the PRA]
13.2.2 R This rule deals with the use of projected valuations in the calculation of fees
for firms subject to FEES TP 13 where FEES 4.2.7R, FEES 4.2.7BR, FEES 5.8.1R, FEES 5.8.2R or FEES 5.8.3G apply in the fee-year 2017/18.
FCA 2018/14
FOS 2018/2
(1) For periodic fees calculations under FEES 4.2.7R or FEES 4.27BR, projected valuations for a firm’s first year, as provided in the course of the firm’s application will be applied whether in its first fee year, second fee year or subsequent fee year. (2) The general levy calculation based on projected valuations for a firm’s first year of business will be applied whether it is in its first or second financial year. (3) The levy calculation for the Voluntary Jurisdiction specified in FEES 5 Annex 2R based on projected valuations for VJ participant’s first year of business will be applied whether it is in its first or second financial year. [deleted]
13.2.3 R The period referred to FEES TP 13.2.1R(2) and FEES TP 13.2.1R(3) is the
period:
(1) from the firm’s financial year ended in the calendar year ending 2015; to (2) the end of the calendar year ending 2016. [deleted]
13.2.4 R To assist with the formulation of fees and general levy policy for the fee
year and financial year commencing on 1 April 2018 and subsequent fee years and financial years, firms are required to comply with the requests of the FCA for tariff data in respect of the firm’s financial years:
(1) ended in the calendar year ending 31 December 2016; and (2) ended in the calendar year ending 31 December 2017. [deleted]
CP18/10
Appendix 5
Financial Conduct Authority
FCA regulated fees and levies: Rates proposals 2018/19
Appendix 5
Fees (Consumer Financial Education Body
Levy) Instrument 2018 (made rules)
FCA 2018/10
FEES (CONSUMER FINANCIAL EDUCATION BODY LEVY) INSTRUMENT 2018 Powers exercised 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) section 137A (The FCA’s general rules); (2) section 137T (General supplementary powers); (3) section 139A (Power of the FCA to give guidance); (4) paragraph 23 (Fees) in Part 3 (Penalties and Fees) of Schedule 1ZA (The Financial Conduct Authority); and (5) paragraph 12 in Part 2 (Funding) of Schedule 1A (Further provision about the Consumer Financial Education Body). B. The rule-making provisions listed above are specified for the purposes of section 138G(2) (Rule-making instruments) of the Act. Commencement
C. This instrument comes into force on 1 April 2018.
Amendments to the Handbook
D. The Fees manual (FEES) is amended in accordance with the Annex to this instrument. Citation E. This instrument may be cited as the Fees (Consumer Financial Education Body Levy) Instrument 2018. By order of the Board 22 March 2018
FCA 2018/10
Annex
In this Annex, underlining indicates new text and striking through indicates deleted text, unless otherwise stated. 7 CFEB levies …
7.2 The CFEB levy
…
Calculation of the CFEB levy
7.2.2 R The CFEB levy is calculated as follows:
(1) identify each of the activity groups set out in Part 1 of FEES 7 Annex 1R and Part 1 of FEES 7 Annex 2R that apply to the business of the firm for the relevant period (for this purpose, the activity groups under FEES 7
Annex 1R are defined in accordance with Part 1 of FEES 4 Annex 1AR
and the activity groups under FEES 7 Annex 2R are defined in accordance with Part 1 of that Annex); … (6) modify the result as indicated by the table in FEES 4.2.6R and FEES 4.2.7R FEES 4.2.7ER, FEES 4.2.7FR, FEES 4.2.7GR, FEES 4.27HR, FEES 4.2.7IR, FEES 4.2.7JG and FEES 4.2.7KR (if applicable); … (8) make the calculations using information obtained in accordance with FEES 4.4 in the case of FEES 7 Annex 1R and Part 3 of FEES 7 Annex 2R in the case of Part 2 of that Annex.
7.2.3 R The amount payable by a firm with respect to a particular activity group is
calculated as follows:
(1) calculate the size of the firm’s tariff base for that activity group using:
(a) the tariff base calculations in Part 3 of FEES 4 Annex 1AR, Part 3 of FEES 4 Annex 11R and Part 3 of FEES 7 Annex 1 Part 2 of FEES 7 Annex 2R; and (b) the valuation date requirements in Part 5 of FEES 4 Annex 1AR,
FCA 2018/10
Part 3 of FEES 4 Annex 11R and Part 3 of FEES 7 Annex 1 2R;
(2) use the figure in (1) to calculate which of the bands set out in column 1 and 2 of the table in Part 1 of FEES 7 Annex 1R and Part 4 of FEES 7
Annex 2R the firm falls into;
(3) add together the fixed sums, as set out in columns 1 and 2 of the table in
Part 1 of FEES 7 Annex 1R and Part 4 of FEES 7 Annex 2R, applicable
to each band identified under (2);
(4) the amount in (3) is the amount payable by the firm with respect to that activity group. …
7.2.9 R Table of rules in FEES 4 that also apply to FEES 7 to the extent that in FEES 4
they apply to fees payable to the FCA
FEES 4 rules incorporated into FEES 7
Description
FEES 4.2.4R Method of payment
FEES 4.2.7BR Calculation of periodic fee and tariff base for a firm’s second financial year FEES 4.2.7ER Modifications for persons becoming subject to periodic fees during the course of a fee year FEES 4.2.7FR Calculating the fee in the firm’s first year of authorisation FEES 4.2.7GR Calculating fees in the second fee-year where the firm received permission between 1 January and 31 March in its first fee year FEES 4.2.7HR to FEES 4.2.7KR Calculating all other fees in the second and subsequent years of authorisation where a full year of tariff data is not available FEES 4.2.8R How FEES 4.2.7R applies in relation to an incoming EEA firm or an incoming Treaty firm FEES 4.2.10R Extension of time FEES 4.2.11R (first entry only) Due date and changes in permission for periodic fees FEES 4.3.7R Groups of firms FEES 4.3.13R Firms applying to cancel or vary permission before start of
FCA 2018/10
…
Annex
1R
Money advice CFEB levies levy for the period from 1 April 2017 2018 to 31 March 2018 2019
Part 1
This table shows the money advice CFEB levies levy applicable to each activity group (fee-block) period FEES 4.3.15R 4.3.17R Firms acquiring businesses from other firms FEES 4.4.1R to FEES 4.4.6R Information on which fees are calculated Activity Group group The money advice CFEB levy payable Column 1 Column 2 A.1 Money advice levy Debt advice levy (see Part 3A and B) Band Width (£ million of Modified Eligible Liabilities (MELs)) Fee (£/£m or part m of MELs) Bandwidth (£ million of unsecured debt) Fee (£/£m or part £m of unsecured debt) >10 1.172 [tbc] >0 174.98 For a credit union no levy is payable on the first £250,000 of the tariff base calculated in accordance with Part 3 A and B of this
Annex.
FCA 2018/10
Part 2
(1) This Part sets out the minimum money advice CFEB levy applicable to the firms specified in (3) below. (2) The minimum money advice CFEB levy payable by any firm referred to in (3) is £10. (3) A firm is referred to in this paragraph if it falls within the following activity groups: A.1; A.2; A.3 (excluding UK ISPVs); A.4; A.5; A.7; A.9; A.10; A.12; A.13; A.14; A.18; A.19; G.3 and G.10.
Part 3
(A) The tariff base for column 2 in activity group A.1:
A.2
Money Advice levy Debt advice levy
(see Part 3 C and D)
Band Width
(no. of mortgages and/or home finance transactions ) Fee (£/mortg age) Band width (£million of secured debt) Fee (£/£m or part £m of secured debt) >50 0.406 [tbc] >0 16.50 … Notes (1) The definitions of fee-blocks G5 and G10 under Part 2 and Part 2A of FEES 4
Annex 11R are modified, for the purposes of FEES 7, so that they exclude the Bank
of England, government departments, local authorities, municipal banks and the National Savings Bank. (2) The definitions of those fee-blocks are further amended to exclude EEA firms and those which hold a Part 4A permission.
FCA 2018/10 for credit unions:
the total sterling value of all loans LESS total sterling value of any residential loans. for banks and building societies:
the sterling value of all outstanding loans to individuals in the UK, excluding bridging loans and loans secured on dwellings and land. The firm must include:
(a) any credit card lending;
(b) any charge card lending, even if the outstanding balance has to be paid off in full at the end of each charging period; and (c) any other loans and advances to individuals that are not bridging loans or secured on dwellings or land; provided that the firm only includes data that it is required to include in entries 29DB3A3 and 29DB3A4 of Form BE (that is, the Additional Sectoral Details Return that is completed to provide information by banks and building societies to the Bank of England). (B) The valuation date for column 2 in activity group A.1 is the 31 December before the start of the period to which the fee applies or, if earlier, the date of the valuation as disclosed by the Form BE or other annual return made in the calendar year prior to the 31 December. (C) The tariff base for column 2 in activity group A.2 is the sterling value of any residential loans to individuals being the sum of gross unsecuritised and securitised balances (applying the definitions of unsecuritised balances and securitised balances set out in SECTION A: BALANCE SHEET of SUP 16 Annex 19B). (D) The valuation date for column 2 in activity group A.2 is the 31 December before the start of the period to which the fee applies or, if earlier, the date of the valuation as disclosed by the annual return made in the calendar year prior to the 31 December. After FEES 7 Annex 1R (Money advice CFEB levy for the period from 1 April 2018 to 31 March 2019) insert the following new Annex FEES 7 Annex 2R. The text is not underlined. 7 Annex 2R Debt advice CFEB levy for the period from 1 April 2018 to 31 March 2019
Part 1
This table shows how the FCA links the regulated activities for which a firm has permission to activity groups (fee-blocks). A firm can use the table to identify which fee-blocks it falls into based on its permission for the purposes of the debt advice CFEB levy applicable to each activity group (fee-block).
FCA 2018/10
Activity group Debt advice CFEB levy payer falls in the activity group if:
A.2 Home finance providers and administrators It falls under activity group A.2 as defined in Part 1 of FEES 4 Annex 1AR. CC.3 Consumer credit lending Its permission is in relation to the following regulated activities:
FCA 2018/10
CC.3 Consumer credit lending
Value of lending in column A of data item CCR003 reported by firms under SUP 16 Annex 38AR, being the sum of data elements entered in rows:
FCA 2018/10
Part 4
This table shows the tariff rates applicable to each of the fee-blocks set out in
Part 1.
Activity group Debt advice CFEB levy payable A.2 Home finance providers and administrators Band width (£million of secured debt) >0 Fee (£/£m or part £m of secured debt) [tbc] CC.3 Consumer credit lending Band width (£million of value of lending) >0 (Note 1) Fee (£/£m or part £m of value of lending) [tbc] Note (1) Credit unions and community finance organisations do not pay any debt advice CFEB levy on the first £2,000,000 of value of lending.
© Financial Conduct Authority 2018
25 The North Colonnade Canary Wharf London E14 5HS Telephone: +44 (0)20 7066 1000 Website: www.fca.org.uk All rights reserved Pub ref: 005666
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