2

Obligation to Pay Fees

Fees to be paid in full without deduction on the due date for payment

2.1

All fees must be paid in full and without deduction on the due date for payment.

2.2

The due date for payment of:

  1. (1) periodic fees is as specified in 3.15;
  2. (2) regulatory transaction fees is as specified in 4.2;
  3. (3) special project fees is as specified in 5.8.

2.3

As permitted by paragraphs 31(7) and 35 of Schedule 1ZB of FSMA, the PRA may take all steps and seek all remedies available to a creditor to recover, as a debt due to the PRA, any fee or other amount, such as interest, which remains unpaid after it falls due.

2.4

The PRA may take regulatory action in relation to non-payment of fees in addition to, or instead of, any steps taken or remedies pursued under 2.3.

2.5

Fee-payers must comply with directions, whether in an invoice, form, notice or otherwise, of the collection agent when acting in that capacity on behalf of the PRA.

Late payment interest

2.6

Subject to 2.8, a fee payer who does not pay the full amount of a fee by the due date for payment will incur late payment interest on any unpaid part of the fee, accruing on a daily basis from the due date for payment until payment is made.

2.7

The PRA will not charge interest on late payment interest.

Relieving provisions

2.9

If it appears to a firm in relation to any fee that in the exceptional circumstances of a particular case requiring payment or retaining a sum previously paid would be unduly burdensome or would not achieve the purpose for which the fee rule was made, a firm may apply to the PRA under section 138A FSMA for the PRA to:

  1. (1) waive the payment;
  2. (2) reduce the amount payable; or
  3. (3) make a whole or partial refund of sums already paid.

2.10

A claim by a fee payer under section 138A FSMA, in accordance with 2.9 and based on the fee payer’s error must be made within two years of the beginning of the period to which the fee relates.