Rule · FCA · 5 Apr 2018
The Financial Conduct Authority sets final periodic fees and levies for the 2018/19 financial year, establishing an Annual Funding Requirement of £543.9m. The document details specific fee rates for authorized firms across fee-blocks A and CC, alongside levies for the Financial Ombudsman Service, Money Advice Service, Pension Wise, and the Single Financial Guidance Body. It also finalizes the ring-fencing implementation fee at £2.7m and confirms the Illegal Money Lending Levy expenses at £5.6m. Invoicing for these charges begins in July 2018.
Policy Statement
PS18/13
July 2018
FCA regulated fees and levies 2018/19:
Including feedback on CP18/10 and ‘made rules’
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Consultation Paper 18/10 which is available on our website at www.fca.org.uk/publications Please send any comments or queries to:
Peter Cardinali
Finance & Business Services Division
Financial Conduct Authority
12 Endeavour Square
London E20 1JN
Telephone:
020 7066 5596
Email:
cp18-10@fca.org.uk
This relates to Contents
1 Overview 3
2 FCA periodic fees for authorised firms 11 3 FCA periodic fees for other bodies 21 4 Applying financial penalties 25 5 Ring-fencing implementation fee 28 6 Feedback on further FCA fees policy proposals 29 7 Financial Ombudsman Service general levies 33 8 Money Advice Service levies 35 9 Pension Wise pensions guidance levies 41 10 Illegal money lending levy 45
Annex 1
List of non-confidential respondents 47
Annex 2
FCA financial penalty scheme 48
Annex 3
Allocation of 2018/19 Single Financial
Guidance Body (SFGB) funding requirement 50
Annex 4
Abbreviations in this paper 52
Appendix 1
Periodic Fees (2018/19) and Other fees Instrument 2018 (made rules)
Appendix 2
Fees (Miscellaneous Amendments)(No11) Instrument 2018 (made rules)
Appendix 3
Fees (Single Financial Guidance Body Levy) Instrument 2018(made rules) returns you to the contents list takes you to helpful abbreviations How to navigate this document onscreen
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PS18/13
Chapter 1
1 Overview
Introduction
1.1 We are publishing the 2018/19 periodic regulatory fees and levies for the:
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Context
1.5 Generally, our annual fees consultation follows this cycle:
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Summary of feedback and our response
1.6 Overall, we received 14 responses to CP18/10. The non-confidential respondents are
listed in Annex 1.
1.7 A full breakdown on the ‘A’ to ‘G’ and ‘CC’ (consumer credit) fee-blocks we refer to in
this section is given in Table 2.2 of Chapter 2.
Responses to FCA periodic fees
1.8 We received 14 responses, of which 12 commented on the FCA proposed fees.
1.9 In Chapter 2 of this PS we give feedback on the responses to Chapters 2 and 3 of
CP18/10, in which we consulted on draft fee rates for authorised firms - the 'A' and 'CC' (consumer credit) fee-blocks.
1.10 This includes responses that more generally questioned our commitment to
controlling our costs and the transparency of the information provided in the CP. One trade body called for more information around the calculation of costs for each Business Plan priority, our allocation to fee-blocks and whether value for money is achieved. Another trade body called for more information on whether capital expenditure on projects has achieved the expected benefits. Our response Over the past 3 years the movement in our base ongoing regulatory activities (ORA) budget has either been in line with inflation or below inflation. The increase in our annual funding requirement (AFR) above the ongoing regulatory activities (ORA) budget increase reflects the recovery of the additional costs from changes in our regulatory scope (scope change projects). Our policy for allocating the AFR across fee-blocks is to maintain an even distribution of increases or decreases other than where for individual fee-blocks there have been material and explainable exceptions (allocation by exception). During 2017, we consulted on adopting our allocation by exception policy. As highlighted as part of that consultation our business as usual regulatory work does not facilitate the identification of costs and the mapping of them to fee-blocks with the same accuracy as we do for our project work. We provide a more detailed account of capital expenditure in the Annual Report and Accounts. We will look to enhance this to include outcome delivery. We continue to be committed to operating economically, efficiently and effectively to deliver value for money. Our report to the Treasury on this is laid before Parliament, published as our Annual Report and Accounts, and discussed at our Annual Public Meeting.
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1.11 Chapter 2 provides further detail on those responses and our feedback and also on
other more specific areas:
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Responses on Pension Wise levies
1.21 In Chapter 9 we note that we did not receive any responses to these proposals. The
Department for Works and Pensions (DWP) has notified us that the final 2018/19 Pension Wise funding requirement is £16.9m, down from £20.3m estimated in CP18/10. Responses on Single Financial Guidance Body levies
1.22 In Chapter 8 covering the Single Financial Guidance Body (SFGB) money advice and
debt advice levies we note that we received 1 response commenting that the proposal for funding the SFGB was proportionate. In Chapter 9 covering the SFGB pensions guidance levy we note that we did not receive any responses to these proposals. Responses to Illegal Money Lending Levy
1.23 In Chapter 10 we note that we did not receive any responses to these proposals. The
Treasury has advised that their 2018/19 IML expenses will be £5.6m, unchanged from the estimated amount in CP18/10 Compatibility Statement
1.24 The rules we have now made are not substantially different from those proposed
in Appendix 1, 2 and 3 of CP18/10, except for some periodic fee rates, as explained in Chapters 2 to 10. These changes do not alter the compatibility statements we published with CP18/10.
1.25 Annex 2 of CP18/10 included a statement that we did not expect the proposals that
we consulted on to have a significantly different impact on mutual societies when compared to other authorised persons. In our opinion, the changes to these proposals set out in this PS do not alter this assessment. Equality and diversity considerations
1.26 Overall we do not think that the proposals in this PS adversely impact any of the groups
with protected characteristics under the Equality Act 2010 ie age, disability, sex, marriage or civil partnership, pregnancy and maternity, race, religion and belief, sexual orientation and gender reassignment Next steps What you need to do next
1.27 We highlighted in CP18/10 that fee-payers should be aware of how the draft fee rates
and levies in Appendix 1 and 3 of CP18/10 were calculated. We used estimated feepayer populations and tariff data (measures of size), which may change when the final fee rates are calculated in June 2018.
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1.28 Table 2.3 in Chapter 2 shows the estimated firm populations and tariff data contained
in CP18/10 and the actual figures used to calculate the final fees rates. It also shows the annual movements in the draft fee rates contained in CP18/10 and the annual movements in the final fee rates in Appendix 1 of this PS.
1.29 In the case of the ‘B’ to ‘G’ fee-blocks covered in Chapter 3, we have highlighted where
final fee rates have changed since the draft rates in CP18/10.
1.30 Firms can use our online fees calculator3
to calculate their individual fees based on the final rates in this PS. This includes FCA periodic fees and the Financial Ombudsman Service, Money Advice Service, Pension Wise pensions guidance and illegal money lending levy final rates in Appendix 1 of this PS.
1.31 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.
1.32 The fees calculator will also cover PRA (where applicable) fees and FSCS levies. Firms
2018/19 invoices will also show the SFGB levies combined with Money Advice Service and Pension Wise levies. What we will we do
1.33 We will invoice fee-payers from July 2018 onwards for their 2018/19 periodic fees and
levies.
Further consultation on 2018/19 fees and levies
1.34 In Chapter 3 we note the further consultation planned for the 2018/19 fee rates for the
Office for Professional Body Anti-Money Laundering Supervision (OPBAS).
1.35 In Chapter 2 of the June 2018 Quarterly CP18/144
we consult on proposed changes to the fees rules covering:
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Table 1.1: Fee- payers affected by the final 2018/19 fees and levies rates rules in this PS
and the feedback provided to the responses to CP18/10 Issue Fee payers affected Chapter FCA Periodic fee rates Authorised firms – the ‘A’ and ‘CC’ (consumer credit) fee blocks 2 All fee payers except authorised firms – fee-blocks B to G 3 Applying financial penalties and revising the Financial Penalty Scheme Fee payers listed in Table 4.1 in Chapter 4 4 Ring-fencing implementation fee A.1 deposit acceptors subject to the ring-fencing regime for the UK’s largest banks from 1 January 2019 5 Financial Ombudsman Service General levy rates Firms subject to the Financial Ombudsman Service general levy 7 Money Advice Service Money Advice Service levy rates (including the recovery of part of the 2018/19 funding requirement for new Single Financial Guidance Body) Firms subject to money advice levies – authorised firms, payment institutions and electronic money issuers Firms subject to debt advice levies – firms in fee-blocks A.2 (home finance providers and administrators) and CC3 (consumer credit lending) Consumer credit firms in the CC1(limited permission) and CC2(full permission) fee-blocks 8 Pensions guidance levies Pensions guidance levy (PGL) rates (including the recovery of part of the 2018/19 funding requirement for new Single Financial Guidance Body) Firms in the following fee blocks:
A.4 insurers – life
A.7 portfolio managers
A.9 managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes A.13 advisors, arrangers, dealers or brokers 9 Pensions guidance providers’ levy rates Designated guidance providers Illegal money lending levy Recovering the Treasury’s expenses for tackling illegal money lending All firms with credit-related permissions 10
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Table 1.2: Fee-payers affected by the feedback provided in this PS on the responses to
the FCA further policy proposals in Chapter 8 of CP18/10 Issue Fee-payers affected Chapter Special project fees – scope, hourly rates and threshold Fee payers in the ‘A’, ‘B’ and ‘G3’ fee-blocks 7 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 Recognised investment exchanges Benchmark administrators Payment of fees - removal of credit card charges All fee-payers
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PS18/13
Chapter 2
2 FCA periodic fees for authorised firms
(FEES 4 Annex 2 AR, final rules in Appendix 1)
2.1 In this chapter we:
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Table 2.1: 2018/19 AFR breakdown
2018/19 2017/18 Movement
£m %
Base ORA budget 523.2 508.0 15.2 3.0%
Additional ongoing regulatory responsibilities:
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2.8 We provided detail on each of these allocation exceptions in Chapter 2 of CP18/10.5
2.9 Table 2.2 confirms that the allocation, across fee-blocks, of the 3.2% increase in our
AFR is the same as CP18/10.
Table 2.2: 2018/19 AFR allocation across fee-blocks
AFR allocations to fee-blocks (i)
Actual
2018/19
£m
Actual
2017/18£m
Movement over 2017/18
A.0 FCA minimum fee (ii) Solo 21.0 19.7 6.6% AP.0 FCA prudential fee (iii) 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% 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 (iv) 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%
5 www.fca.org.uk/publication/consultation/cp18-10.pdf
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D. Designated professional bodies and professional body supervisors (v) 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) 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. Minimum fees are increasing by 3% in line with our ORA. 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 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. (iii) 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. (iv) 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. (v) 2018/19 is the first year we are using 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. These OPBAS costs will be recovered from professional body supervisors. The D fee-block also recovers our costs for supervising the designated professional bodies (DPBs) such as the Law Society of England and Wales. 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 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. n/a = Not applicable. Periodic fees for authorised firms – summary of proposals
2.10 In Chapter 3 of CP18/10 we proposed to:
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2.15 One of these trade bodies gave as an example the lack of clarity around resource
prioritisation on the reduction of the incidence of advisor failure, which the Business Plan indicated was a priority. The other trade body noted that, excluding the move to Stratford, capital expenditure for 2018/19 will be £42.6m compared to £51.1m for 2017/18. The description of capital expenditure used in the Business Plan is essentially the same every year - the ongoing investment and maintenance of IT systems and infrastructure development. There is no feedback to stakeholders regarding the capital expenditure on major projects and whether they have been delivered on time, within budget and whether any proposed benefits arising from the project have been achieved. Our response Following a rigorous business planning round we set our budget to fund the work programme to meet the priorities set out in our Business Plan. That work programme allows us to achieve our overall objective of ensuring that markets work well, and our three supporting objectives of protecting the consumer, promoting competition and enhancing the integrity of markets. Over the past 3 years the movement in our base ORA has either been in line with inflation or below it as set out in the table below.6 ORA movement Consumer Price Index annual inflation6 2016/17 -1.6% December 2015 +0.2% 2017/18 +1.0% December 2016 +1.6% 2018/19 +3.0% December 2017 +3.0% The increase in our AFR above the ORA increase reflects the recovery of the additional costs from changes in our regulatory scope (scope change projects). For example, the government giving us new areas of responsibility – consumer credit in the recent past, OPBAS this year and regulation of Claims Management Companies from next year. Our policy for allocating the AFR across fee-blocks is to maintain an even distribution of increases or decreases other than where for individual fee-blocks there have been material and explainable exceptions (allocation by exception). During 2017, we consulted on adopting our allocation by exception policy.7 As highlighted as part of that consultation our business as usual regulatory work does not facilitate the identification of costs and the mapping of them to fee-blocks with the same accuracy as we do for our project work. We provide a more detailed account of capital expenditure in the Annual Report and Accounts. We will look to enhance this to include outcome delivery. 6 Source: Office of National Statistics 7 Chapter 6 of CP17/12 (April 2017) www.fca.org.uk/publication/consultation/cp17-12.pdf with feedback in Chapter 5 of PS17/15 (July 2017) www.fca.org.uk/publication/policy/ps17-15.pdf
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We continue to be committed to operating economically, efficiently and effectively to deliver value for money. We are accountable to the Treasury and are required to report to them on, among other things, the extent that we have met the principles of good regulation. These include considering the need to use our resources in the most efficient and economical way. That report to Treasury is laid before Parliament, published as our Annual Report and Accounts, and discussed at our Annual Public Meeting. EU withdrawal costs
2.16 A trade body and a firm were supportive of the £5m additional funding for EU
withdrawal costs and our commitment to prioritise this area of work. The firm however commented that the allocation of the proportion of the £5m to their fee-blocks (insurers) was significantly above inflation. Our response We allocated the £5m 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). This was an allocation by exception on the basis that these types of firms in these fee-blocks are most likely to be affected by EU withdrawal. The increase in our 2018/19 base ORA was 3% which met our commitment to deliver an ORA budget that is flat in real terms (annual inflation in December 2017 was 3%). The increase in the allocation to the insurers A.3 (general insurers) and A.4 (life insurers) fee-blocks was 3.2% which reflected the inflation increase in ORA and allocation by exception of the EU withdrawal costs. We do not believe this is significantly above inflation. As highlighted in the Business Plan, £14m of the identified £30m EU withdrawal costs will be absorbed within the ORA budget by reprioritising or reducing non-critical activity and finding more effective ways to deliver our regulatory requirements. We therefore believe we have taken steps to reduce the amount of EU withdrawal costs recovered from firms through increased fees. Minimum fees
2.17 A trade body believed that the anticipated increase in the number of firms paying the
minimum fee and the proposed 3% increase will result in a 6.6% increase in our income. While they understand the new link between the increases in the minimum fee and ORA, they feel justification behind increasing the fee level to increase the A.0 minimum fee fee-block is not clear. They feel this is contrary to the calculation of the periodic fees, which are adjusted depending on the expected income.
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Our response
We repeat the explanation provided in CP18/10. Minimum fees are fixed amounts that each firm pays. The amount of AFR we recover from the A.0 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. 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 the A.0 fee-block reflects the 3% increase in the minimum fee itself and our estimate that there will 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. As a result, less AFR will be recovered from firms in the variable fee rate ‘A’ feeblocks. It does not result in additional ‘income’ for us. Timing of the consultation
2.18 A trade body and a firm challenged the time line for the consultation. The trade
body questioned the sincerity behind the consultation process. Historically the consultations were issued earlier and with more time between the deadline to respond and the feedback statement. They find it difficult to see how any changes to these proposals can be implemented, let alone considered, when invoices are issued to firms in July.
2.19 The firm pointed out that fees CPs are published in April each year with the final fee
rates published in July, however, they pay 50% of their fees ‘on-account’ in February each year with the remaining 50% due in September. They are concerned that they pay half of their fees before the proposed fee rates have been consulted on or the final rates have been published. They request that the proposed fees are consulted on and the final rules are issued before the collection of any fees from firms. Our response The publication of the fees CP is linked to the publication of our Business Plan, which was published later in the year than has historically been the case. Nevertheless, we believe the 4 to 6 weeks period between the consultation closing and publication of feedback/ issuing of invoices is sufficient time for us to consider responses and implement changes in the light of those responses. The on-account payment, payable by 1 April, is based on 50% of the previous year fees paid by firms where they exceed £50,000. This provides us with cash-flow for the first 6 months of the fee-year. The balance payable by 1 September is based on the full, post consultation, final fee rates for that year less the on-account payment.
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Changes between draft fee rates and final rates
2.20 We highlighted in CP18/10 that fee-payers should be aware that the draft fee rates and
levies in Appendix 1 of CP18/10 were calculated using estimated fee-payer populations and tariff data (measures of size), which may change when the final fee rates are calculated in June 2018. In the case of the draft fee rates for A.3 (insurers – general) and A.4 (insurers – life) fee-blocks we highlighted the greater uncertainty around the extent that the final fee rates would change from draft rates, especially for the A.4 fee-block. The final fee rates in Appendix 1 of this Policy Statement (PS) reflects this where the gross written premium (GWP) fee-rate for the A.4 fee-block has increased by 16.8%.
2.21 Table 2.3 shows the estimated firm populations and tariff data contained in CP18/10
and the actual figures used to calculate the final fees rates. It also shows the annual movements in the draft fee rates in CP18/10 and the annual movements in the final fee rates in Appendix 1 of this PS. A.21 fee-blocks (Firms holding client money or assets or both)
2.22 We use bandings within the A.21 fee-block based on the risk classifications we apply to
firms in the CASS sourcebook. This allows us to align where we apply our resources to the fees we charge firms.
2.23 The bandings and level of moderation we are applying to the tariff data for both
client money and client assets have not changed since CP18/10 (set out in Table 3.5 of Chapter 3). However, the changes in tariff data since CP18/10 have affected the outcome of this moderation. The final distribution of the £14.2m 2018/19 AFR for A.21 will be as follows (figures in brackets are those estimated in CP18/10):
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A.2 Number of mortgages or other home finance transactions 486 433 12.2 % £7.0bn 7.2m -3.3 % 4.1% 7.5 % A.3 Gross written premium 486 330 -3.0 % £69.9bn n.a. n.a. n.a. n.a. Best estimate liabilities (ii) £142.8bn n.a. n.a. n.a. n.a. A.4 Gross written premium 169 171 -1.2 % £123.6bn n.a. n.a. n.a. n.a. Best estimate liabilities (ii) £1,309.7bn n.a. n.a. n.a. n.a. A.5 Active capacity 58 58 0.0 % £32.4bn £29.9bn 8.5 % -9.6% -7.4 % A.7 Funds under management 2,886 2,895 -0.3 % 8,607.7bn £7,684.6bn 12.0 % -6.5% -6.5 % A.9 Gross income 1,416 1,387 2.1 % £14.8bn £12.9bn 15.1 % -19.0% -18.8% % A.10 Traders 433 411 5.4 % 10,277 9,903 3.8 % 0.9% 0.2% A.13 Annual income 12,934 13,040 -0.8 % 32.1bn £29.1bn 10.4 % -5.7% -5.8 % A.14 Annual income 796 794 0.3 % £9.1bn £7.9bn 15.0 % -9.5% -8.9% A.18 Annual income 5,462 5,318 2.7 % £1.7bn £1.5bn 15.3 % -9.2% -11.4 % A.19 Annual income 12,922 12,845 0.6 % £18.0bn £16.3bn 11.0 % -5.8% -8.1 % A.21 Client money Assets held 1,155 1,151 0.3 % £151.9bn £14,767.3bn £147.3bn £13,780.1bn
7.2 % -1.2%
-4.4%
-1.0 %
-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) and feedback on responses and final rules were set out in CP18/10 (April 2018). The actual 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 FCA periodic fees for other bodies
3.1 In this chapter we give feedback on the responses to Chapter 4 of CP18/10, which was
our consultation on the draft fees rates rules for other bodies that fall within the ‘B’ to ‘G’ fee-blocks:
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Responses to proposals
3.7 We received 7 responses to these proposals which included: 3 trade bodies representing
wholesale markets venues, platforms and arranging intermediaries together with wholesale markets/energy brokers; and 4 firms, a recognised investment exchange and 3 benchmark administrators. They all referred to the proposed Benchmark Administrators fees. Benchmark Administrators
3.8 Benchmark Administrators (BAs) are part of the market infrastructures B fee-block.
Following consultation last year9 the proportion of the B fee-block AFR allocated to BAs (as a sub-set of the B fee-block) has been recovered from the BAs based on the UK income they receive from these activities. Income being a proxy measure for the impact risk they pose to our objectives.
3.9 The 7 respondents raised concerns covering:
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However, given the concerns raised by respondents and our own queries with some of the income data that has been submitted we will carry out a validation exercise. This will include working with BAs to review the methodologies they have used to apportion their income. This will enable us to ensure that they have adopted methodologies which are robust, proportionate and consistent with the rules and guidance provided. The variable fee-rate for BAs in the instrument at Appendix 1 is therefore noted as ‘tbc’ (to be confirmed). We expect to complete the validation exercise and confirm the final 2018/19 variable fee-rate for BAs in September. Transparency – allocation of AFR across sub-sets of the B fee-block and fee rate level The B fee-block has other sub-sets within it in addition to BAs, for example, recognised investment exchanges (RIEs) and operators of multilateral trading facilities (MTFs). The overall distribution of the total AFR allocated within the B fee-block (£7.9m for 2018/19) takes account of the:
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Changes between draft fee rates and final fee rates
3.10 We highlighted in CP18/10 that fee-payers should be aware that the draft fee rates and
levies in Appendix 1 of CP18/10 were calculated using estimated fee-payer populations and tariff data (measures of size as a proxy for risk). These may change when the final fee rates are calculated in June 2018.
3.11 We list below, where applicable, the percentage movements in the fee rates between
the draft version in CP18/10 and the final rates in Appendix 1 of this PS:
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4 Applying financial penalties
4.1 In this chapter we:
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Financial penalty rebates for 2018/19
4.7 In Chapter 5 of CP18/10 we estimated the retained penalties for 2017/18 to be £48.2m.
The amount of the estimated retained penalties allocated to each fee-block and the estimated percentage rebates for 2018/19 periodic fees was set out in Table 5.1 in CP18/10.
4.8 The final amount of retained penalties for 2017/18 is £47.0m, 2.4% less than the
£48.2m estimated in CP18/10. Table 4.1 sets out how the reduced retained penalties have been distributed across fee-blocks, in the same proportions as CP18/10.
Table 4.1: Final schedule of application of 2017/18 retained penalties in 2018/19
Fee-block
Actual
2017/18 retained penalties to be applied to benefit of fee-payers Actual rebate applied to 2018/19 fees Estimated 2017/18 retained penalties to be applied to benefit of fee-payers Estimated rebate applied to 2018/19 fees (£m) (£m) AP.0 FCA prudential 0.0 0.0% 0.0 0.0% A.1 Deposit acceptors 7.4 10.7% 7.7 10.7% A.2 Home finance providers and administrators
0.8 4.5% 0.8 4.6%
A.3 Insurers – general 1.5 5.8% 1.5 6.0%
A.4 Insurers – life 2.7 6.2% 2.7 6.4%
A.5 Managing agents at
Lloyd’s
0.0 0.0% 0.0 0.0%
A.6 The Society of Lloyd’s 0.0 0.0% 0.0 0.0% A.7 Portfolio managers 10.9 23.6% 11.2 24.2% A.9 Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes
1.7 15.2% 1.8 15.6%
A.10 Firms dealing as principal
6.0 11.1% 6.1 11.4%
A.13 Advisory arrangers, dealers or brokers (not holding or controlling client money or assets, or both)
4.0 5.0% 4.1 5.1%
A.14 Corporate finance advisors
1.8 12.6% 1.9 12.9%
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A.18 Home finance providers, advisers and arrangers
3.0 18.2% 3.1 18.6%
A.19 General insurance mediation
2.7 9.8% 2.8 10.0%
A.21 Firms holding client money or assets or both
3.1 21.8% 3.1 22.4%
B. Recognised investment exchanges, operators of multilateral trading facilities and recognised auction platforms (only)
0.0 0.0% 0.0 0.0%
CC1 Consumer credit – limited permission
0.0 0.0% 0.0 0.0%
CC2 Consumer credit – full permission
0.0 0.0% 0.0 0.0%
E. Issuers and sponsors of securities
1.4 6.6% 1.4 6.7%
G.1 Persons registered under the Money
Laundering, Terrorist
Financing and Transfer of
Funds (Information on the
Payer) Regulations 2017
0.0 0.0% 0.0 0.0%
G.2, G.3, G.4, G.5 Firms under the Payment Services Regulations 2017
0.0 0.0% 0.0 0.0%
G.10, G.11 Firms under the Electronic Money Regulations 2011
0.0 0.0% 0.0 0.0%
G.20, G.21 Firms under the Mortgage Credit Directive Order 2015
0.0 0.0% 0.0 0.0%
G.25 Firms under the Data
Reporting Regulations
2017
0.0 0.0% 0.0 0.0%
Total 47.0 48.2
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Financial Conduct Authority
FCA regulated fees and levies 2018/19
PS18/13
Chapter 5
5 Ring-fencing implementation fee
(FEES 4 Annex 2B, final rules in Appendix 1)
5.1 In this chapter we provide feedback on the responses received to our proposals for a
ring-fencing implementation fee (RFIF) set out in Chapter 6 of CP18/10. Summary of proposals
5.2 We proposed that 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.
5.3 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 ringfencing into supervision to ensure that after implementation we can effectively supervise ring-fencing banking groups.
5.4 In CP18/10 we stated that our budgeted costs associated with this work in 2018/19
would be £2.7m, and this has not changed since CP18/10. In CP18/10 we also estimated there would be a £1.0m 2017/18 underspend against the £5.8m we raised in 2017/18. The final underspend is £1.0m unchanged from CP18/10, which we will return to firms in proportion to the RFIF they paid in 2017/18.
5.5 We proposed that the allocation of our ring-fencing implementation costs to groups
will reflect two equally weighted factors (on the same basis as for the RFIF in 2017/18):
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Chapter 6
Financial Conduct Authority
FCA regulated fees and levies 2018/19
6 Feedback on further FCA fees policy proposals
6.1 In this chapter we provide feedback on the responses received to the proposals we
consulted on in Chapter 8 of CP18/1015 (April 2018):
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Responses to proposals
6.5 We received 1 response from an insurer who felt that the increase in the hourly rates
was particularly high and questioned whether this was a proportionate charge to the industry. They also expected that periodic fees would absorb anything other than the costs of an exceptionally resource-intensive project. Our response The hourly rates have not changed since 2012. The current rates were only based on the costs we use for funding our projects internally. These have only increased marginally in the past 6 years. The rates consulted on also included a mark-up so account is taken of overheads such as accommodation and information technology costs. On average, this increased the hourly rates by 41%. Accounting for a proportion of our overheads will mean that the hourly rates more fully reflect the cost of the exceptional work undertaken by us. In our view, the increase is proportionate. Consumer credit - definition of income for consumer hire agreements (FEES 4 Annex 11B, FEES 4 Annex 13 Table 2- final rules in Appendix 2)
6.6 We consulted on adjusting our definition of credit related income in FEES 4 Annex
11B and the guidance in FEES 4 Annex 13 Table 2 to take account of consumer hire agreements.
6.7 We asked:
Q6: Do you have any comments on our proposal to adjust our definition of credit-related income to take account of consumer hire agreements? Responses to proposals
6.8 We received 1 response from an asset finance consultant who suggested, in relation
to firms reporting their income, that rather than require firms to be ‘ready on request to demonstrate that its methodology is robust, and that any assumptions used are reasonable in the circumstances’, it would be preferable to require firms to be ‘ready on request to demonstrate that its methodology uses straight-line depreciation or an alternative depreciation method in line with the UK Financial Reporting Standard (FRS
102) or International Accounting Standards (IAS)’.
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Our response
We believe this is a very helpful suggestion and gives the income definition greater clarity. Therefore, we have incorporated this change in the final rules set out in Appendix 2. Clarifications of definition of income (FEES 4 Annex 11A – final rules in Appendix 2)
6.9 We proposed two drafting adjustments to clarify particular aspects of our current
definitions of income to ensure consistent reporting:
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We direct firms to the requirements for calculating income set out in FEES 4 Annex 11AR16 and guidance provided in FEES 4 Annex 13G.17 Where firms’ accounts do not distinguish between UK and overseas income, our guidance directs them to develop a methodology for apportioning income. We expect them to base the demarcation on samples rather than attempt to scrutinise every invoice. They must be ready if challenged to provide an audit trail which justifies their sampling technique and shows that that the methodology was agreed, and is periodically reviewed, at an appropriate level within the firm. The audit trail allows us to make sure that the methodologies used by firms are robust and to pick up inconsistencies. Our experience is that the system runs well once firms are familiar with our requirements and have set up appropriate and proportionate internal reporting systems. Payment of fees - removal of credit card charges (FEES 3.2.3, FEES 4.2.4 – final rules in Appendix 2)
6.14 We proposed amending our fees rules so that no charges would be made for fees
paid by credit cards. This brought the fees rules in line with our practice since 13 January 2018 not to make such charges when either personal or commercial credit cards were used. This followed an amendment to the Consumer Rights (Payment Surcharges) Regulations 2012, which made all charges on the use of personal credit cards unlawful since 13 January 2018. It was still permissible to impose charges on commercial credit cards but we are not confident that our systems can accurately distinguish between the two and we also believe it is good practice to avoid charges for the use of all credit cards.
6.15 We asked:
Q8: Do you have any comments on our proposal to remove surcharges on all payments by credit card? Responses to proposals
6.16 We did not receive any responses to these proposals.r response
16 www.handbook.fca.org.uk/handbook/FEES/4/Annex11A.html 17 www.handbook.fca.org.uk/handbook/FEES/4/Annex13.html
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PS18/13
Chapter 7
Financial Conduct Authority
FCA regulated fees and levies 2018/19
7 Financial Ombudsman Service general levies (FEES 5 Annex 1R – final rules in Appendix 1)
7.1 In this chapter we provide feedback on the responses we received to Chapter 9 of
CP18/10. In it we consulted on the tariff rates for the compulsory jurisdiction (CJ) of the Financial Ombudsman Service’s general levy for 2018/19 and how it is distributed across industry blocks. Summary of proposals
7.2 The Financial Ombudsman Service provides an independent service that resolves
disputes for customers of financial services firms. We consulted on proposals to raise the general levy to fund its activities in 2018/19. This will help it to provide a scheme for the quick and informal resolution of disputes between financial services firms and their customers. If the Financial Ombudsman Service functions well it makes an important contribution to our consumer protection objective.
7.3 The Financial Ombudsman Service is funded by a combination of annual fees – general
levy and voluntary jurisdiction levy18, and case fees.19
7.4 The Financial Ombudsman Service consulted on its draft budget and corporate plan
between 13 December 2017 and 31 January 201820. In March 2018, it presented a final budget to the FCA Board which approved its total annual budget of £289.8m21 for 2018/19.
7.5 The majority of the Financial Ombudsman Service’s income is from case fees. It has
asked us to recover £24.5m by general levy (the same as 2017/18) and allocate this in line with the forecast of where costs will fall. The proportions are similar to previous years. This reflects the Financial Ombudsman Service’s forecast that complaints volumes (excluding Payment Protection Payments (PPI) complaints) will remain broadly stable. The annual amounts actually payable by each block will vary to reflect changes in the proportions of cases in each block.
7.6 We asked:
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? 18 The general levy is payable by firms in the compulsory jurisdiction (authorised firms, payment service providers, electronic money issuers, consumer buy-to-let (CBTL) firms, designated finance platforms and designated credit reference agencies), and is collected by the FCA. The Financial Ombudsman Service collects a separate levy from financial businesses that have signed up to its Voluntary Jurisdiction. 19 Case fees are payable by respondents once a case has been resolved. 20 www.financial-ombudsman.org.uk/publications/plan-and-budget-2018-19.pdf 21 Operating costs.
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Responses to proposals
7.7 Of the 14 responses received 12 did not answer the question or provide any comments
on how the CJ levy should be apportioned between industry blocks. 2 respondents supported the proposal. Our response We intend to apportion the CJ levy as consulted on in CP18/10. Changes between draft levy rates and final rates
7.8 We highlighted in CP18/10 that fee-payers should be aware that the draft Financial
Ombudsman Service levy rates in Appendix 1 were calculated using estimated feepayer populations and tariff data (measures of size) which may change when the final levy rates are calculated in June 2018.
7.9 In the case of the draft CJ fee rates for industry blocks I002 (Insurers: General) and
I004 (Insurers: Life) we highlighted the greater uncertainty around the extent that the final fee rates would change from draft rates, especially for the I004 industry block.
7.10 We also highlighted that the draft CJ levy rates had been calculated using gross
written premium (GWP) tariff data. However, the final levy rates would be calculated taking account of the firms that report 'relevant' GWP (i.e. business conducted with consumers). This would 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 CP18/10.
7.11 The final fee rates in Appendix 1 of this Policy Statement (PS) reflects these factors
where the GWP fee-rate for the I002 industry block has increased by 27.8%.
7.12 Firms can use our online fees calculator22 to calculate their individual Financial
Ombudsman Service levy rates, based on the final rates in Appendix 1 of this PS. 22 www.fca.org.uk/firms/calculate-your-annual-fee/fee-calculator
35
PS18/13
Chapter 8
Financial Conduct Authority
FCA regulated fees and levies 2018/19
8 Money Advice Service levies
(FEES 7 Annex 1R and FEES 7A final rules in Appendix 1 and 3)
8.1 In this chapter we:
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8.7 Funding for money advice will come from levies raised from FSMA-authorised firms,
payment institutions and electronic money issuers. Table 8.1 sets out how this has been allocated. It includes reduction due to the final 2017/18 underspend, resulting in a total levy of £26.8m.
8.8 We proposed to allocate the money advice budget on the same basis as last year
(other than in the case of the A.0 minimum fee fee-bock and the CC1 and CC2 consumer credit fee-blocks) which relied on three components that will carry an equal weighting:
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PS18/13
Chapter 8
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FCA regulated fees and levies 2018/19
Allocation and recovery for debt advice
8.13 The total budget for debt advice in 2018/19 is £56.3m. A breakdown of the budget can
be found in the Money Advice Service business plan. Funding for debt advice will come from the CC3 and A2 fee-blocks, using a model that covers total lending and write-off levels, on a 50% basis for each. This is based on Bank of England data and table 8.1 at the end of this chapter sets out how this will be allocated.
8.14 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 are not specifically raising fees for the Devolved Authorities in 2018/19.
8.15 We asked :
Q12: Do you have any comments on the proposed 2018/19 Money Advice Service levy rates for debt advice? Responses to proposals
8.16 Of the 14 responses received none answered the question or provided comments on
the proposed Money Advice Service levy rates for debt advice. Our response We intend to allocate the Money Advice Service levy rates for debt advice as consulted on in CP18/10.
Table 8.1 2018/19 Annual funding requirement (AFR) – consultation compared to final
Fee-Block
2018/19
Consultation
AFR
(£m)
2018/19 Final
AFR
(£m) Movement
Money Advice Levy
A.0 Minimum fee 0.2 0.2 0.0%
A.1 Deposit acceptors 4.9 5.0 2.0%
A.2 Home finance providers and administrators 4.0 4.1 2.0% A.3 Insurers – general 2.3 2.4 2.0% A.4 Insurers – life 3.3 3.4 2.0% A.5 Lloyd’s managing agents 0.0% A.6 The Society of Lloyds’ 0.0% A.7 Portfolio managers 1.3 1.3 2.0%
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A.9 Operators, trustees and depositaries of collective investment schemes etc 1.3 1.3 2.0% A.10 Firms dealing as principal 1.4 1.5 2.0% A.13 Advisers, arrangers, dealers or brokers 2.2 2.2 2.0% A.14 Corporate finance advisers 0.3 0.3 2.0% A.18 Home finance providers, advisers and arrangers
0.3 0.3 2.0%
A.19 General insurance mediation 0.6 0.7 2.0% A.21 Firms holding client money or assets 0.3 0.3 2.0% CC1 & CC2 Consumer Credit Firms (i) 3.7 3.8 2.0% G Firms covered by Payment Services Regulations 2017 (PSRs) and Electronic Money Regulations 2011 (EMRs)
0.1 0.1 2.0%
Money Advice Total 26.2 26.8 2.0%
Debt Advice Levy
A.1 Deposit acceptors 28.2 28.2 0.0%
CC3 Consumer credit lending 28.2 28.2 0.0% Debt Advice Total 56.3 56.3 0.0% Money Advice Service Total 82.5 83.1 0.6% Allocation and recovery for SFGB
8.17 In CP18/10 we proposed 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.
8.18 We proposed to allocate the £3.6m SFGB funding requirement in proportion to the
2018/19 funding requirements for the Money Advice Service money advice levy, debt advice levy and the Pension Wise pensions guidance levy as set out in Table A of Annex 3 of this Policy Statement (PS), which has been updated to reflect the final funding requirements.
8.19 We also proposed that the:
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Chapter 8
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FCA regulated fees and levies 2018/19
40
PS18/13
Chapter 9
Financial Conduct Authority
FCA regulated fees and levies 2018/19
8.25 Firms can use our online fee calculator25 to calculate their individual levies, based on
the final rates in Appendix 1 and 3. The Fees Calculator combines: 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. 25 www.fca.org.uk/firms/calculate-your-annual-fee/fee-calculator
41
PS18/13
Chapter 9
Financial Conduct Authority
FCA regulated fees and levies 2018/19
9 Pension Wise pensions guidance levies
(FEES 10, 11 and FEES 7A final rules in Appendix 1 and 3)
9.1 In this chapter we:
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Chapter 9
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FCA regulated fees and levies 2018/19
Table 9.2: 2018/19 Pension Wise funding allocations
PGL fee-blocks
Actual
2018/19
Actual
2017/18
£m % £m %
A.1 Deposit acceptors 4.1 24 4.1 24
A.4 Insurers – life 4.1 24 4.1 24
A.7 Portfolio managers 4.1 24 4.1 24
A.9 Managers and depositaries of investment funds, and operators of collective investment schemes or pension schemes
2.7 16 2.8 16
A.13 Advisory arrangers, dealers or brokers 2.0 12 2.1 12 Total 16.9 100 17.2 100
9.4 The allocation is an equal distribution across the five PGL fee-blocks, with the
exception of the A.9 and A.13 fee-blocks as detailed in CP18/10.
9.5 We asked:
Q13: Do you have any comments on the proposed 2018/19 pensions guidance levy (PGL) rates? Responses to proposals
9.6 We did not receive any responses to these proposals.
Pension Wise pensions guidance providers’ levy (PGPL) – summary of proposals
9.7 The Pension Wise service is provided through the DWP by designated guidance
providers (DGPs). We recover our pensions guidance costs from the DGPs. These can include our costs for setting the standards of pensions guidance that should be provided by the DGPs, and monitoring their compliance.
9.8 Our 2018/19 annual funding requirement (AFR), discussed in Chapter 2, includes our
budgeted pensions guidance costs of £45,000 allocated to the ‘H’ fee-block. We proposed an equal allocation of these costs across the DGPs as set out in Table 9.3, as in 2017/18. The £45,000 levy has not changed since CP18/10 and represents part of the DWP’s final £16.9m funding requirement for providing Pension Wise in Table 9.1.
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Chapter 9
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FCA regulated fees and levies 2018/19
Table 9.3: 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
9.9 We asked:
Q14: Do you have any comments on the proposed 2018/19 pensions guidance providers’ (PGPL) levy rates? Responses to proposals
9.10 We did not receive any responses to these proposals.
Single Financial Guidance Body
9.11 The new Single Financial Guidance Body (SFGB) will bring together the Money Advice
Service, The Pensions Advisory Service, and Pension Wise. On 10 May 2018 the Financial Guidance and Claims Act 2018 received Royal Assent. The Government will launch the SFGB 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.
9.12 To set up the SFGB, the Government has instructed the FCA to collect £3.6m. This 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.
9.13 In CP18/10 we proposed 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.
9.14 We proposed to allocate 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. Table A of Annex 3 of this Policy Statement (PS) has been updated to reflect the final funding requirements for the Money Advice Service money advice levy, and debt advice levy and the Pension Wise pensions guidance levy.
9.15 We also proposed that the amount allocated for recovery through the SFGB pensions
guidance levy be allocated across the same fee-blocks and in the same proportions as used for recovering the Pension Wise pensions guidance levy. This continues to be the case, as set out in the updated Table D of Annex 3 of this PS.
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FCA regulated fees and levies 2018/19
9.16 We asked:
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? Responses to proposals
9.17 We did not receive any responses to these proposals.
Changes between draft levy rates and final levy rates
9.18 We highlighted in CP18/10 that fee-payers should be aware that the draft PGL rates
in Appendix 1 of CP18/10 and the SFGB pensions guidance levy rates in Appendix 3 of CP18/10 were calculated using estimated fee-payer populations and tariff data (measures of size). These may change when the final levy rates are calculated in June 2018.
9.19 In the case of the draft fee rates for A.3 (insurers - general) and A.4 (insurers - life) feeblocks we highlighted the greater uncertainty around the extent that the final fee rates
would change from draft rates, especially for the A.4 fee-block. The final fee rates in Appendix 1 and 3 of this PS reflects this where the gross written premium (GWP) fee-rate for the A.4 fee-block has increased by 17.6% in the case of the PGL and 21.4% in the case of the SFGB pensions guidance levy.
9.20 Firms can use our online fee calculator26 to calculate their individual levies, based on
the final rates in Appendix 1 and 3. The Fees Calculator combines: 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. 26 www.fca.org.uk/firms/calculate-your-annual-fee/fee-calculator
45
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Chapter 10
Financial Conduct Authority
FCA regulated fees and levies 2018/19
10 Illegal money lending levy
(FEES 13 Annex 1R, final rules in Appendix 1)
10.1 In this chapter we confirm the final 2018/19 expenses that the Treasury will incur by
providing for the teams tackling illegal money lending (IML). We also give feedback on the responses we received to Chapter 12 of CP18/10, in which we set out the proposed 2018/19 IML levy rates.
10.2 The Treasury has notified us that their final 2018/19 IML expenses will be £5.6m27,
unchanged from the estimated amount in CP17/12.
Summary of proposals
10.3 We proposed IML levy rates to recover the £5.6m from consumer credit firms as set
out in Table 10.1.
Table 10.1: 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
10.4 We asked:
Q16: Do you have any comments on the proposed 2018/19 illegal money lending (IML) levy rates? Responses to proposals
10.5 We did not receive any responses to these proposals.
Changes between the draft levy and final levy rates
10.6 We highlighted in CP18/10 that fee-payers should know that the draft IML levy rates
in Appendix 1 of CP18/10 were calculated using estimated fee-payer populations and tariff data, which may change when the final levy rates are calculated in June 2018. 27 Includes FCA collection costs of £86,400 (£83,000 2017/18).
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Annex 1
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FCA regulated fees and levies 2018/19
10.7 The IML variable levy rate in Appendix 1 of this PS has changed to £0.20 since the draft
rate in CP18/10.
10.8 Our online fee calculator28 is available for firms to calculate their individual IML levy
based on the final rates in Appendix 1 of this PS.
28 www.fca.org.uk/firms/calculate-your-annual-fee/fee-calculator
47
PS18/13
Annex 1
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Annex 1
List of non-confidential respondents
Asset Finance Policy Limited
Association of British Insurers
Association of Mortgage Intermediaries
Chartered Institute of Credit Management
European Venues & Intermediaries Association IHS Markit LEBA Limited Personal Investment Management & Financial Advice Association Royal & Sun Alliance Insurance plc WMBA Limited
48
PS18/13
Annex 2
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Annex 2
FCA financial penalty scheme
49
PS18/13
Annex 2
Financial Conduct Authority
FCA regulated fees and levies 2018/19
50
PS18/13
Annex 3
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Annex 3
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)
26.8 26.8% SFGB –
money advice levy
1.0 26.8%
Money Advice
Service - debt advice levy
56.3 56.3% SFGB – debt
advice levy
2.0 56.3%
Pension Wise - pensions guidance levy
16.9 16.9% SFGB –
pensions guidance levy
0.6 16.9%
Total 100.0 100.0% Total 3.6 100.0%
(i) £27.2m 2018/19 budget less £0.4m 2017/18 final 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 5.0 18.6% 0.18 18.8% A.2 Home finance providers and administrators 4.1 15.4% 0.15 15.5% A.3 Insurers - general 2.4 8.9% 0.09 9.0% A.4 Insurers - life 3.4 12.6% 0.12 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% 0.05 5.0% A.9 Operators, trustees and depositaries of collective investment schemes etc
1.3 4.9% 0.05 4.9%
A.10 Firms dealing as principal 1.5 5.5% 0.05 5.5%
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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 0.7 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
3.8 14.1% 0.14 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 26.8 100.0% 1.00 100.0%
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 4.1 24.0% 0.15 24.0% A.4 Insurers - life 4.1 24.0% 0.15 24.0% A.7 Portfolio managers 4.1 24.0% 0.15 24.0% A.9 Operators, trustees and depositaries of collective investment schemes etc
2.7 16.0% 0.10 16.0%
A.13 Advisers, arrangers, dealers or brokers 2.0 12.0% 0.07 12.0% Total 16.9 100.0% 0.61 100.0%
52
PS18/13
Annex 4
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Annex 4
Abbreviations in this paper
AFR Annual funding requirement
BA Benchmark administrators
BEL Best estimate liabilities
CASS Client Money Assets sourcebook
CFEB Consumer Financial Education Body
CJ Compulsory jurisdiction
CP Consultation Paper
DA Devolved Authorities
DGP Designated guidance providers
DPB Designated professional bodies
EEA European Economic Area
EU European Union
FCA Financial Conduct Authority
FEES Fees manual
FPS Financial Penalty Scheme
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
53
PS18/13
Annex 4
Financial Conduct Authority
FCA regulated fees and levies 2018/19
MiFID II Markets in Financial Instruments Directive II MiFIR Markets in Financial Instruments Regulation 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 RIE Recognised investment exchange RFIF Ring-fencing implementation fee SFGB Single Financial Guidance Body SPF Special project fee UKLA UK Listing Authority VJ Voluntary jurisdiction We have developed the policy in this Policy Statement 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. 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, 12 Endeavour Square, London E20 1JN
PS18/13
Appendix 1
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Appendix 1
Periodic Fees (2018/19) and Other fees
Instrument 2018(made rules)
FCA 2018/30
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 2 July 2018.
FCA 2018/30
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 Periodic Fees (2018/2019) and Other Fees Instrument 2018. By order of the Board 28 June 2018
FCA 2018/30
Annex
Amendments to the Fees manual (FEES)
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 2018/30
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 14.683
140 - 630 15.43 14.683
630 - 1,580 15.43 14.683
1,580 - 13,400 19.29 18.354
13,400 25.46 24.227
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 2.473 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] 337.16 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] 18.48 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). A.4 Gross written premium for General Periodic fee
FCA 2018/30 fees purposes (GWP)
Band Width (£million of
GWP)
Fee (£/£m or part £m of GWP)
1 [tbc] 262.78
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] 8.25 A.5 Band Width (£million of Active Capacity (AC)) Fee (£/£m or part £m of AC) >50 7.70 7.13 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 1,003.52 815.25 A.10 Band Width (No. of traders) Fee (£/person) >1 5,473.78 5,487.30 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. A.13 Band Width (£ thousands of Fee (£/£ thousand or part £
FCA 2018/30 annual income (AI)) thousand of AI) >100 2.756 2.597 A.14 Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 1.79 1.631 A.18 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 12.44 11.04 A.19 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 1.751 1.61 A.21 Client money Band Width (£ client money) (CM) held Fee (£/£ millions or part £ million of CM) less than £1 million 116.50 115.30 an amount equal to or greater than £1 million but less than or equal to £1 billion
87.38 86.48
more than £1 billion 58.25 57.65
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 (£) Annual income up to and 1,078.00 1,110.00
FCA 2018/30 including £100,000
PLUS:
Band width Fee (£/£thousand or part £ thousand of income) Annual income over £100,000 1.80 2.57 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] 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 4.91
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 regulated activities with Band Width (£ thousands of annual income (AI)) Fee (£) 0 - 10 101 104
FCA 2018/30 limited permission >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 (b) more than 3 but no more than 10 mortgages and/or home finance transactions, in which case a minimum
FCA 2018/30 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 0.1093
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:
(a) 0 to 0.5million, in which case a minimum fee of £87 90 is payable; or
FCA 2018/30
(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 (5) …
FCA 2018/30
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,
410 386 1-2
3-6
7-15
16-50
50
1
2.5
5
11
22
410 386
1,025 965
2,050 1,930
4,510 4,246
9,020 8,492
Non-EEA AIFs recognised under section 272 of the Act 1,670 1,570 1-2 3-6 7-15 16-50 >50 1 2.5 5 11 22 1,670 1,570 4,175 3,925 8,350 7,850 18,370 17,270 36,740 34,540 …
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 345 323 Notification under regulation 58 of the AIFMD UK regulation 240 225 Notification under regulation 59 of the AIFMD UK regulation 345 323
FCA 2018/30
Part 3 - Periodic fees paid by small registered UK AIFMs
The annual fee for small registered UK AIFMs is £680 637 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 90,070
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 10,120 The Institute of Chartered Accountants in England and Wales 68,770 36,000 The Institute of Chartered Accountants of Scotland 10,920 11,350 The Institute of Chartered Accountants in Ireland 13,130 14,840 The Association of Chartered Certified Accountants 15,900 18,800 The Council for Licensed Conveyancers 11,170 11,790 Royal Institution of Chartered Surveyors 13,400 15,270 … … 4 Annex 10R Periodic fees for MTF operators payable in relation to the period 1 April 2017 2018 to 31 March 2018 2019
FCA 2018/30
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 316,710 292,501 All other MTF or OTF operators (i.e. those supervised by a team of flexible portfolio supervisors) 29,867 27,584 [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
…
(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
FCA 2018/30 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 0.5390
G.3 Minimum fee (£) 500 515
£ thousands or part
£thousand of Relevant
Income
Fee (£/£thousand or part £thousand of
Relevant Income)
100 0.4341 0.3625
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) >5.0 120.00 80.00 G.11 Flat fee (£) 1,095 1,128 G.15 Minimum fee for the first registered 89,876 79,184
FCA 2018/30 programme (£)
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 2019
Part 1 Base fee
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 A listed issuer of shares and certificates representing certain securities with a 19,695
FCA 2018/30 listed issuer standard listing and not with a premium listing (see Note 2) 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
27.457725
250 – 1,000 10.984421
10.594000
1,000 – 5,000 6.761363
6.521042
5,000 – 25,000 0.164930
0.159068
25,000 0.053284
0.051391
…
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
FCA 2018/30
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 2018/30
(excluding firms in block 15) 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) £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 0.136 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 0.033 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 payment service providers (but excluding firms in any other Industry block except Industry block 18) For authorised payment institutions, 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 £0.0007 0.0003 per £1,000 of relevant income subject to a minimum levy of £75
FCA 2018/30
Part 3
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 0.4477 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 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 Levy of £35
FCA 2018/30 permission, a flat fee
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
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 Fee (£/£m or part m of MELs)
FCA 2018/30
(MELs))
10 [tbc]1.547
A.2 Band Width (no. of mortgages and/or home finance transactions) Fee (£/mortgage) >50 [tbc] 0.593 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 31.28 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 1.72 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 20.481 PLUS Mathematical reserves (MR) Best estimate liabilities for fees purposes (BEL) Band Width (£ million of MR BEL) Fee (£/£m or part £m of MR BEL) >1 0.62 0.6423
FCA 2018/30
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 0.162 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 92.48 A.10 Band Width (no. of traders) Fee (£/trader) >1 92.80 148.43 A.13 For class (2) firms Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.068 0.0715 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 0.0215 0.031
A.18 Band Width (£ thousands of
Annual Income (AI))
Fee (£/£ thousand or part £ thousand of AI) >100 0.175 0.211
FCA 2018/30
A.19 Band Width (£ thousands of
Annual Income (AI))
Fee (£/£ thousand or part £ thousand of AI) >100 0.0294 0.038 A.21 Band Width (£ client money) (CM) held Fee (£/£ millions or part £ million of CM) less than £1 million 1.55 2.21 an amount equal to or greater than £1 million but less than or equal to £1 billion
1.16 1.66
more than £1 billion 0.78 1.11
PLUS
Safe custody assets
Band Width (£ safe custody assets) (CA) held Fee (£/£ millions or part £ million of CA) less than £10 million 0.006 0.008 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 (AOEM) Fee (£/£m or part £m of AOEM) >5.0 6.65 7.30 G.11 Flat fee (£) 10 CC.1 Minimum fee (£) £10
FCA 2018/30
£ thousand of annual income
(AI)
Fee (£/£ thousand or part thousand of AI) >250 0.37 0.102 CC.2 Minimum fee (£) 10 £ thousands of annual income (AI) Fee (£/£ thousand or part £ thousand of AI >250 0.37 0.102 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.
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. 7 Annex 2R Debt advice CFEB levy for the period from 1 April 2018 to 31 March 2019 …
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] 21.13
FCA 2018/30
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] 109.96 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; … … 10
Annex
1R
Pension guidance levy for the period 1 April 2017 2018 to 31 March 2018 2019 Activity Group Pensions guidance levy payable A.1 Band width (£ million of modified eligible liabilities (MELs)) >10 Fee (£/£m or part £m of MELS)
1.329 1.258
A.4 Band width (£ million of adjusted annual gross premium income (AGPI) gross written premium for fees purposes (GWP)) Fee (£/£m or part £m of AGPI GWP)
FCA 2018/30
1 69.28 32.887
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 0.4811
A.9 Band width (£ million of gross income (GI)) >1 Fee (£/£m or part £m of GI)
224.35 190.995
A.13 Band width (£ thousands of annual income (AI)) >100 Fee (£/£ thousand or part of £ thousand of AI)
0.074 0.0673
11 Pensions guidance providers’ levy
…
11
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 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 13,500 11,250
FCA 2018/30
Bureaux
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 … 13
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 0.200 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 2019
Part 1 Periodic fee payable by Registered Societies (on 30 June 2017
2018)
This fee is not payable by a credit union.
Transaction Total assets (£’000s) Amount payable (£) Periodic fee 0 to 50 65 67
50 to 100 125 129
100 to 250 205 211
FCA 2018/30
250 to 1,000 265 273
1,000 480 495
…
PS18/13
Appendix 2
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Appendix 2
Fees (Miscellaneous Amendments)(No11)
Instrument 2018 (made rules)
FCA 2018/31
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 of the 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 2 July 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 28 June 2018
FCA 2018/31
Annex
Amendments to the Fees manual (FEES)
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: [deleted] (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. … … 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:
(a) raising additional capital; or
(b) a significant restructuring of the firm or the group to which it belongs,
FCA 2018/31 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 an 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 (£)
Administrator 30 45
FCA 2018/31
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
FCA 2018/31
…
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
FCA 2018/31 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 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 uses straight-line depreciation or an alternative depreciation method in line with the UK Financial Reporting Standard (FRS 102) or International Accounting Standards (IAS). 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
FCA 2018/31 the lease, or (if no period is specified) over a reasonable period. Plus:
…
…
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 Regulated 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 regulated benchmark administrators should report the income relating to each of these activities, excluding income from any other activities in the B fee-block 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:
FCA 2018/31
…
(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 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 From 1 April 2013 indefinitely 1 April 2013
FCA 2018/31 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 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] From 1 April 2013 indefinitely 1 April 2013 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 From 1 April 2013 indefinitely 1 April 2013
FCA 2018/31
(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 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] From 1 April 2013 indefinitely 1 April 2013 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 From 1 April 2013 indefinitely 1 April 2013
FCA 2018/31
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 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] …
PS18/13
Appendix 3
Financial Conduct Authority
FCA regulated fees and levies 2018/19
Appendix 3
Fees (Single Financial Guidance Body Levy) Instrument 2018(made rules)
FCA 2018/32
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 2 July 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 28 June 2018
FCA 2018/32
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 2018/32 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 2018/32
Annex B
Amendments to the Fees manual (FEES)
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 2018/32
…
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. … 2.3.2C 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 2018/32 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 1AR:
(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 2018/32 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
FCA 2018/32
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 2018/32
(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 2018/32
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 FCA 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
FCA 2018/32
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:
FCA 2018/32
(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
FCA 2018/32
(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 FCA 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
FCA 2018/32
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 0.0565 A.2 Band Width (no. of mortgages and/or home finance transactions) Fee (£/mortgage) >50 0.0217 A.3 Gross written premium for fees purposes (GWP) Band Width (£ million of GWP) Fee (£/£m or part £m of GWP) >0.5 1.142 PLUS Best estimate liabilities for fees purposes (BEL) Band Width (£ million of BEL) Fee (£/£m of part £m of BEL) >1 0.0626
FCA 2018/32
A.4 Gross written premium for fees purposes (GWP) Band Width (£ million of GWP) Fee (£/£m or part £m of GWP) >1 0.748 PLUS Best estimate liabilities for fees purposes (BEL) Band Width (£ million of BEL) Fee (£/£m or part £m of BEL) >1 0.0235 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 0.0059
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
FCA 2018/32 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 3.376 A.10 Band Width (no. of traders) Fee (£/trader) >1 5.418 A.13 For class (2) firms Band Width (£ thousands of annual income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.0027 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 0.0012 A.18 Band Width (£ thousands of Annual Income (AI)) Fee ((£/£ thousand or part £ thousand of AI) >100 0.0077 A.19 Band Width (£ thousands of Annual Income (AI)) Fee (£/£ thousand or part £ thousand of AI) >100 0.0014 A.21 Band Width (£ Fee (£/£ millions or part £m of CM)
FCA 2018/32 client money)
(CM) held 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 0.00029 an amount equal to or greater than £10 million and less than or equal to £100 billion 0.00022 more than £100 billion 0.00015 G.3 Minimum fee (£) 0 £ thousands or
part £
thousand of
Relevant
Income
Fee (£/£thousand or part £ thousand of
Relevant Income)
100 0.0012
FCA 2018/32
G.4 Flat fee (£) 0
G.10 Minimum fee
(£)
0
£ 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
(£)
0
£ thousand of annual income
(AI)
Fee (£/£ thousand or part £ thousand of AI) >250 0.0046 CC.2 Minimum fee (£) 0 £ thousands of annual income (AI) Fee (£/£ thousand or part £ thousand of AI >250 0.0046 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
This table shows how the FCA links the regulated activities for which a firm has
FCA 2018/32 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:
FCA 2018/32
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 2018/32
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) 0.766 CC.3 Consumer credit lending Band width (£million of value of lending) >0 (Note 1) Fee (£/£m or part £m of value of lending) 3.985 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) 0.0456 A.4 Band width (£ million of gross written premium for fees purposes (GWP) >1 Fee (£/£m or part £m of GWP) 1.1920
FCA 2018/32
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) 0.0175 A.9 Band width (£ million of gross income (GI)) >1 Fee (£/£m or part £m of GI) 6.9225 A.13 Band width (£ thousands of annual income (AI)) >100 Fee (£/£ thousand or part of £ thousand of AI) 0.0025
FCA 2018/32
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 …
Pub ref: 005715
© Financial Conduct Authority 2018
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Telephone: +44 (0)20 7066 1000
Website: www.fca.org.uk
All rights reserved
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