FEES Fees Manual

Export part as

FEES 1

Fees Manual

FEES 1.1

Application and Purpose

FEES 1.1.1

See Notes

handbook-guidance
FEES applies to all persons required to pay a fee or levy under a provision of the Handbook. The purpose of this chapter is to set out to whom the rules and guidance in FEES apply. FEES 2 (General Provisions) contains general provisions which may apply to any type of fee payer. FEES 3 (Application, Notification and Vetting Fees) covers one-off fees payable on a particular event for example various application fees (including those in relation to authorisation, variation of Part IV permission, listing and the Basel Capital Accord) and fees relating to certain notifications and document vetting requests. FEES 4 (Periodic fees) covers all periodic fees and transaction reporting fees. FEES 5 (Financial Ombudsman Service Funding) relates to FOS levies and case fees (in FEES 5.5A). FEES 6 (Financial Services Compensation Scheme Funding) relates to the FSCS levy. FEES 7 relates to the CFEB levy.

Application

FEES 1.1.2

See Notes

handbook-rule

This manual applies in the following way:

  1. (1) FEES 1, 2 and 3 apply to the fee payers listed in column 1 of the Table of application, notification and vetting fees in FEES 3.2.7 R.
    1. (a) [deleted]
    2. (b) [deleted]
    3. (c) [deleted]
    4. (d) [deleted]
    5. (e) [deleted]
    6. (f) [deleted]
    7. (g) [deleted]
    8. (h) [deleted]
    9. (i) [deleted]
    10. (j) [deleted]
    11. (k) [deleted]
    12. (l) [deleted]
    13. (m) [deleted]
    14. (n) [deleted]
    15. (o) [deleted]
    16. (p) [deleted]
    17. (q) [deleted]
    18. (r) [deleted]
    19. (s) [deleted]
  2. (2) FEES 1, 2 and 4 apply to:
    1. (a) every firm (except an ICVC or UCITS qualifier);
    2. (b) every manager of an authorised unit trust;
    3. (c) every ACD of an ICVC;
    4. (d) every person who, under the constitution or founding arrangements of a recognised scheme, is responsible for the management of the property held for or within the scheme;
    5. (e) every designated professional body;
    6. (f) every recognised body;
    7. (g) under the Listing Rules every issuer of shares, depositary receipts and securitised derivatives;
    8. (h) under the Listing Rules (LR) every sponsor;
    9. (i) under the Disclosure Rules and Transparency Rules (DTR) every issuer of shares, depositary receipts and securitised derivatives; and
    10. (j) every fee-paying payment service provider;
    11. (k) every fee-paying electronic money issuer.
  3. (3) FEES 1, 2 and 5 apply to:
    1. (a) every firm, fee-paying payment service provider and fee-paying electronic money issuer which is subject to the Compulsory Jurisdiction of the Financial Ombudsman Service; and
    2. (b) every other person who is subject to the Compulsory Jurisdiction in relation to relevant complaints.
  4. (4) FEES 1, 2 and 6 apply to:
    1. (a) every participant firm;
    2. (b) the FSCS; and
    3. (c) the Society.
  5. (5) FEES 1, 2 and 7 apply to:
    1. (a) every person having a Part IV permission;
    2. (b) an incoming EEA firm;
    3. (c) an incoming Treaty firm;
    4. (d) the Society;
    5. (e) every fee-paying payment service provider except the Bank of England, government departments and local authorities;
    6. (f) every fee-paying electronic money issuer except the Bank of England, government departments, local authorities, municipal banks and the National Savings Bank.

FEES 1, 2 and 7 do not apply to an incoming EEA firm or an incoming Treaty firm that has not established a branch in the United Kingdom.
The application statement at FEES 1.1.2R (3) does not apply to FEES 5.5A, FEES 5 Annex 2R or FEES 5 Annex 3R.

FEES 1.1.3

See Notes

handbook-guidance
The application of FEES 5.5A and FEES 5 Annex 3R is set out in FEES 5.5A.1 R. The relevant provisions of FEES 5 and FEES 2 are applied to VJ participants by the standard terms (see DISP 4).

Purpose

FEES 1.1.4

See Notes

handbook-guidance
The purpose of this manual is to set out the fees applying to the persons set out in FEES 1.

Export chapter as

FEES 2

General Provisions

FEES 2.1

Introduction

Application

FEES 2.1.1

See Notes

handbook-rule
Except to the extent referred to in FEES 2.1.1A R, this chapter applies to every person who is required to pay a fee or share of a levy to the FSA, FOS Ltd or FSCS, as the case may be, by a provision of the Handbook.

FEES 2.1.1A

See Notes

handbook-rule
This chapter does not apply in relation to FEES 5.5A, FEES 5 Annex 2R or FEES 5 Annex 3R.

FEES 2.1.2

See Notes

handbook-rule
FEES 2.2.1R does not apply in respect of any fee payable under FEES 3 (Application, notification and vetting fees).

FEES 2.1.3

See Notes

handbook-guidance
The provisions for late payments in FEES 2.2.1R do not apply to fees payable under FEES 3 as applications, notifications and requests for vetting are generally regarded as incomplete until the relevant fee is paid.

Purpose

FEES 2.1.4

See Notes

handbook-guidance
The purpose of this chapter is to set out the general provisions applicable to those who are required to pay fees or levies to the FSA or a share of the FSCS levy.

FEES 2.1.5

See Notes

handbook-guidance

Paragraph 17 of Schedule 1 to and section 99 of the Act, regulation 92 of the Payment Services Regulations and regulation 59 of the Electronic Money Regulations enable the FSA to charge fees to cover its costs and expenses in carrying out its functions. The corresponding provisions for the FSCS levy, FOS levies and CFEB levies are set out in FEES 6.1, FEES 5.2 and FEES 7.1.4 G respectively. Case fees payable to the FOS Ltd are set out in FEES 5.5A. Fee-paying payment service providers and fee-paying electronic money issuers are not required to pay the FSCS levy but are liable for FOS levies.

FEES 2.1.5A

See Notes

handbook-guidance
Regulation 92 of the Payment Services Regulations and regulation 59 of the Electronic Money Regulations each provide that the functions of the FSA under the respective regulations are treated for the purposes of paragraph 17 of Schedule 1 to the Act as functions conferred on the FSA under the Act. Paragraphs 17(2) and (3) however, have not been included. These are, respectively, the FSA's obligation to ensure that the amount of penalties received or expected to be received are not to be taken into account in determining the amount of any fee payable and the provision that allows fees to be raised to repay borrowed monies in respect of expenses incurred, before or after the coming into force of the Act or the Bank of England Act 1998.

FEES 2.1.6

See Notes

handbook-guidance

The FSA fees payable will vary from one financial year to another, and will reflect the FSA's funding requirement for that period and the other key components, as described in FEES 2.1.7G. Periodic fees, which will normally be payable on an annual basis, will provide the majority of the funding required to enable the FSA to undertake its statutory functions.

FEES 2.1.7

See Notes

handbook-guidance

The key components of the FSA fee mechanism (excluding the FSCS levy, the FOS levy and case fees, and the CFEB levy which are dealt with in FEES 5, FEES 6 and FEES 7) are:

  1. (1) a funding requirement derived from:
    1. (a) the FSA's financial management and reporting framework;
    2. (b) the FSA's budget; and
    3. (c) adjustments for audited variances between budgeted and actual expenditure in the previous accounting year, and reserves movements (in accordance with the FSA's reserves policy);
  2. (2) mechanisms for applying penalties received during previous financial years for the benefit of fee payers;
  3. (3) fee-blocks, which are broad groupings of fee payers offering similar products and services and presenting broadly similar risks to the FSA's regulatory objectives;
  4. (4) a costing system to allocate an appropriate part of the funding requirement to each fee-block; and
  5. (5) tariff bases, which, when combined with fee tariffs, allow the calculation of fees.

FEES 2.1.8

See Notes

handbook-guidance
The amount payable by each fee payer will depend upon the category (or categories) of regulated activity or exemption, or other relevant activity applicable to that person (fee-blocks). It will, in most cases, also depend on the amount of the business that person conducts in each category (fee tariffs).

FEES 2.1.9

See Notes

handbook-guidance
By basing fee-blocks on categories of business, the FSA aims to minimise cross-sector subsidies. The membership of the fee-blocks is identified in the FEES provisions relating to the type of fees concerned.

FEES 2.1.10

See Notes

handbook-guidance
Paragraph 17(2) of Schedule 1 and section 99(3) to the Act prohibit the FSA from taking account of penalties received when setting its periodic and other fees. Accordingly periodic fees are specified without reference to the penalties received. However, the FSA normally expects to allocate those penalties to the fee-blocks within which the penalty payers fall, by way of a deduction from the periodic fee. Any deductions of this sort are set out in the relevant fees provisions or will be notified to the fee payer at the relevant time.

FEES 2.1.11

See Notes

handbook-guidance
Whilst paragraph 17(2) of Schedule 1 to the Act has not been applied to the fee-raising power of the FSA under the Payment Services Regulations and the Electronic Money Regulations, regulation 92(2) and 59(2) of these regulations respectively require the FSA to apply amounts paid to it by way of penalties imposed under these regulations towards expenses incurred in carrying out its functions under the regulations, or for any incidental purpose.

FEES 2.2

Late Payments and Recovery of Unpaid Fees

Late Payments

FEES 2.2.1

See Notes

handbook-rule

If a person does not pay the total amount of a periodic fee (including fees relating to transaction reports to the FSA using the FSA's Transaction Reporting System (see SUP 17)), FOS levy, or share of the FSCS levy or CFEB levy, before the end of the date on which it is due, under the relevant provision in FEES 4, 5, 6 or 7, that person must pay an additional amount as follows:

  1. (1) if the fee was not paid in full before the end of the due date, an administrative fee of £250; plus
  2. (2) interest on any unpaid part of the fee at the rate of 5% per annum above the Bank of England's repo rate from time to time in force, accruing on a daily basis from the date on which the amount concerned became due.

FEES 2.2.2

See Notes

handbook-guidance
The FSA, (for periodic fees, FOS and FSCS levies and CFEB levies), expect 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

FEES 2.2.3

See Notes

handbook-guidance

Paragraph 17(4) and paragraph 19B of Schedule 1 to and section 99(5) of the Act permit the FSA to recover fees (including fees relating to payment services, the issuance of electronic money and, where relevant, FOS levies and CFEB levies), and section 213(6) permits the FSCS to recover shares of the FSCS levy payable, as a debt owed to the FSA and FSCS respectively, and the FSA and the FSCS, as relevant, will consider taking action for recovery (including interest) through the civil courts.

FEES 2.2.4

See Notes

handbook-guidance

In addition, the FSA may be entitled to take regulatory action in relation to the non-payment of fees, FOS levies and CFEB levies. The FSA 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 FSA by the FSCS. What action (if any) that is taken by the FSA will be decided upon in the light of the particular circumstances of the case.

FEES 2.3

Relieving Provisions

Remission of Fees and levies

FEES 2.3.1

See Notes

handbook-rule
If it appears to the FSA 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 would be inequitable, the FSA or the FSCS as relevant, may (unless FEES 2.3.2B R applies) reduce or remit all or part of the fee or levy in question which would otherwise be payable.

FEES 2.3.2

See Notes

handbook-rule
If it appears to the FSA 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 FSA, the FSCS, or the CFEB, as relevant, of a fee, FSCS levy, FOS levy or CFEB levy which has been paid would be inequitable, the FSA, the FSCS or the CFEB, may (unless FEES 2.3.2B R applies)refund all or part of that fee or levy.

FEES 2.3.2A

See Notes

handbook-guidance
A poor estimate or forecast by a fee or levy payer, when providing information relevant to an applicable tariff base, is unlikely, of itself, to amount to an exceptional circumstance for the purposes of FEES 2.3.1 R or FEES 2.3.2 R. By contrast, a mistake of fact or law by a fee or levy payer may give rise to such a claim.

FEES 2.3.2B

See Notes

handbook-rule
The FSA or the FSCS may not consider a claim under FEES 2.3.1 R and/or FEES 2.3.2 R to reduce, remit or refund any overpaid amounts paid by a fee or levy payer in respect of a particular period, due to a mistake of fact or law by the fee or levy payer, if the claim is made by the fee or levy payer more than 2 years after the beginning of the period to which the overpayment relates.

FEES 2.4

VAT

FEES 2.4.1

See Notes

handbook-rule
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) are stated net of VAT. Where VAT is applicable this must also be included.

Export chapter as

FEES 3

Application, Notification and Vetting Fees

FEES 3.1

Introduction

Application

FEES 3.1.1

See Notes

handbook-rule
This chapter applies to every person set out in column 1 of the Table of application, notification and vetting fees in FEES 3.2.7 R.

FEES 3.1.1A

See Notes

handbook-rule
A reference to firm in this chapter includes a reference to a fee-paying payment service provider and a fee-paying electronic money issuer.

Purpose

FEES 3.1.3

See Notes

handbook-guidance
The purpose of this chapter is to set out the FSA fee paying requirements on the persons set out in FEES 1.1.2R (1).

FEES 3.1.4

See Notes

handbook-guidance
Most of the detail of what fees are payable by the persons referred to in FEES 3.1.3 G is set out in FEES 3 Annex 1 - FEES 3 Annex 10 R.

FEES 3.1.5

See Notes

handbook-guidance
  1. (1) The rates set for authorisation fees represent an appropriate proportion of the costs of the FSA in processing the application or exercise of Treaty rights.
  2. (2) The fees for collective investment schemes reflect the estimated costs to the FSA of assessing applications and notifications. The level of fees payable in respect of an application or a notification will vary depending upon the provision of the Act under which it is made. This fee is adjusted when the scheme concerned is an umbrella.
  3. (3) Application fees for recognised bodies are calculated from a tariff structure intended to reflect the estimated cost of processing an application of that type and complexity.

FEES 3.1.6

See Notes

handbook-guidance
Applications for Part IV permission (and exercises of Treaty rights) are categorised by the FSA for the purpose of fee raising as complex, moderately complex and straightforward as identified in FEES 3 Annex 1. This differentiation is based on the permitted activities sought and does not reflect the FSA's risk assessment of the applicant (or Treaty firm).

FEES 3.1.6A

See Notes

handbook-guidance
Application fees for authorisation or registration under the Payment Services Regulations are set out in FEES 3 Annex 8R. The fee depends on the type of payment services a firm wishes to provide and whether it will be a small payment institution or an authorised payment institution. The fee may also depend on the number of agents it has.

FEES 3.1.6B

See Notes

handbook-guidance
Application fees for authorisation or registration under the Electronic Money Regulations are set out in FEES 3 Annex 10 R. The fee depends on whether the firm is an authorised electronic money institution or a small electronic money institution.

FEES 3.1.7

See Notes

handbook-guidance
A potential applicant for Part IV permission (or Treaty firm) has the opportunity to discuss its proposed application (or exercise of Treaty rights) with the FSA before submitting it formally. (For more information, contact the Firm Contact Centre (020 7066 3954) or visit the FSA website How do I get authorised: http://www.fsa.gov.uk/Pages/Doing/how/index.shtml.) If an applicant for Part IV permission (or Treaty firm) does so, the FSA will be able to use that dialogue to make an initial assessment of the fee categorisation and therefore indicate the authorisation fee that should be paid.

FEES 3.1.8

See Notes

handbook-guidance
See the FSA website How do I get authorised: http://www.fsa.gov.uk/Pages/Doing/how/index.shtml in relation to the procedures for making applications for Part IV permission and SUP 13A for procedures for the exercise of Treaty rights by Treaty firms.

FEES 3.2

Obligation to pay fees

General

FEES 3.2.1

See Notes

handbook-rule

A person in column (1) of the table in FEES 3.2.7 R as the relevant fee payer for a particular activity must pay to the FSA a fee for each application or request for vetting, or request for support relating to compatibility of its systems with FSA systems, or admission approval made, or notification or notice of exercise of a Treaty right given, or other matter as is applicable to it, as set out or calculated in accordance with the provisions referred to in column (2) of that table:

  1. (1) in full and without deduction; and
  2. (2) on or before the date given in column (3) of that table.

FEES 3.2.2

See Notes

handbook-guidance
If an application for a Part IV permission (or exercise of a Treaty right) falls within more than one category set out in FEES 3 Annex 1, only one fee is payable. That fee is the one for the category to which the highest fee tariff applies.

Method of payment

FEES 3.2.3

See Notes

handbook-rule
  1. (1) Unless (2) or (3) applies, the sum payable under FEES 3.2.1 R must be paid by bankers draft, cheque or other payable order.
  2. (2) The FSA does not specify a method of payment for a person seeking to:
    1. (a) become a recognised body or a designated professional body; or
    2. (b) be added to the list of designated investment exchanges or accredited bodies.
  3. (3) The sum payable under FEES 3.2.1 R by a firm applying for a variation of its Part IV permission (FEES 3.2.7 R(p)) must be paid by any of the methods described in (1) or by Maestro or credit card (Visa/Mastercard only). Any payment by a permitted credit card must include an additional 2% of the sum paid.

FEES 3.2.4

See Notes

handbook-guidance
The FSA expects that a person seeking to become a recognised body or a designated professional body or to be added to the list of designated investment exchanges or accredited bodies will generally pay their respective fees by electronic credit transfer.

FEES 3.2.5

See Notes

handbook-guidance
  1. (1) The appropriate authorisation or registration fee is an integral part of an application for, or an application for a variation of, a Part IV permission or authorisation, registration or variation under the Payment Services Regulations or the Electronic Money Regulations. Any application received by the FSA without the accompanying appropriate fee, in full and without deduction (see FEES 3.2.1 R), will not be treated as an application made, incomplete or otherwise, in accordance with section 51(3)(a) or section 44, of the Act or regulation 5(3) or 12(3) of the Payment Services Regulations or regulation 5 or 12 of the Electronic Money Regulations. Where this is the case, the FSA will contact the applicant to point out that the application cannot be progressed until the appropriate fee has been received. In the event that the appropriate authorisation fee, in full and without deduction, is not forthcoming, the application will be returned to the applicant and no application will have been made.
  2. (2) With the exception of persons seeking to become a designated professional body, all applications, notifications, requests for vetting or admission approval will be treated as incomplete until the relevant fee is fully paid and the FSA will not consider an application, notification, request for vetting or admission approval until the relevant fee is fully paid. Persons seeking to become a designated professional body have 30 days after the designation order is made to pay the relevant fee.

FEES 3.2.6

See Notes

handbook-guidance
Fees paid under this chapter are not refundable.

FEES 3.2.7

See Notes

handbook-rule

Table of application, notification and vetting fees

FEES 3 Annex 1

Authorisation fees payable

See Notes

handbook-rule
Part 1 - Authorisation fees payable Part 2 - Complexity Groupings Straightforward Cases
Moderately Complex Cases
Complex Cases R
Part 4 - Authorisation Fees for Treaty Firms R
Part 5 - Activity Groupings R
Part 6 - Change of legal status

FEES 3 Annex 2

Application and notification fees payable in relation to collective investment schemes

See Notes

handbook-rule

FEES 3 Annex 3

Application fees payable in connection with Recognised Investment Exchanges, Recognised Clearing Houses and Recognised Auction Platforms

See Notes

handbook-rule

FEES 3 Annex 4

Application and administration fees in relation to listing rules

See Notes

handbook-rule
Part 1 Part 2 Part 3

FEES 3 Annex 5

Document vetting and approval fees in relation to listing and prospectus rules

See Notes

handbook-rule

Part 1
Part 2
These fees relate to approval or vetting of the documents referred to in the second column of this table arising in relation to specific events or transactions that an issuer, offeror or person requesting admission might be involved in during the year. For the purposes of categories 1-3 of this fee schedule, equity does not include convertible securities or depositary receipts. These are treated as non-equity.
Where a fee in category 6 or 8 of this fee schedule is payable, the listing application fee under FEES 3 Annex 4 Part 1 does not apply.
Fees from other fee schedules contained in other sections of the sourcebook may be applicable to a single submission.
Certain transactions may come within the category of super or significant transactions and thus attract a higher fee, as set out in FEES 3.2.7 R(q) and FEES 3.2.7 R(v).

FEES 3 Annex 6

Fees payable for a permission or guidance on its availability in connection with the Basel Capital Accord

See Notes

handbook-rule
Part 1 Fees payable other than in relation to the counterparty credit risk internal model method. Part 2
Fees payable in relation to the counterparty credit risk internal model method.
54,000

FEES 3 Annex 7

Fees where changes are made to firms transaction reporting systems and the FSA is asked to check that these systems remain compatible with FSA systems

See Notes

handbook-rule

FEES 3 Annex 8

Fees payable for authorisation as an authorised payment institution or registration as a small payment institution in accordance with the Payment Services Regulations

See Notes

handbook-rule
Authorisation and registration fees payable

FEES 3 Annex 9

Special Project Fee for restructuring

See Notes

handbook-rule

FEES 3 Annex 10

Fees payable for authorisation as an authorised electronic money institution or registration as a small electronic money institution or variation thereof in accordance with the Electronic Money Regulations

See Notes

handbook-rule
Authorisation, registration and variation fees payable

FEES 3 Annex 11

Guidance on fees due under FEES 3.2.7R

See Notes

handbook-guidance
The following table sets out guidance on how a firm liable to pay a fee under both FEES 3.2.7 R (s) and FEES 3.2.7 R (ze) for the same transaction should expect to be treated.

Firms liable under both FEES 3.2.7R(s) and FEES 3.2.7R(ze)

Export chapter as

FEES 4

Periodic fees

FEES 4.1

Introduction

Application

FEES 4.1.1

See Notes

handbook-rule
This chapter applies to every person set out in FEES 1.1.2R (2).

FEES 4.1.1A

See Notes

handbook-rule
A reference to firm in this chapter includes a reference to a fee-paying payment service provider and a fee-paying electronic money issuer.

Purpose

FEES 4.1.2

See Notes

handbook-guidance
The purpose of this chapter is to set out the requirements on firms and others to pay periodic fees and transaction reporting fees in certain circumstances.

Background

FEES 4.1.3

See Notes

handbook-guidance
Most of the detail of the periodic fees that are payable by firms is set out in FEES 4 Annexes 1 to 11. 2 G provides guidance on the calculation of certain tariffs. Most of the provisions of the Annexes will vary from one financial year to another. Accordingly fresh FEES 4 Annexes will come into force, following consultation, for each financial year.

FEES 4.1.4

See Notes

handbook-guidance
  1. (1) The periodic fees for collective investment schemes reflect the estimated costs to the FSA of considering proposals to change regulated collective investment schemes, maintaining up to date records about them, and related policy work.
  2. (2) The provision of the Transaction Reporting System facilities for firms reporting transactions under SUP 17 incurs costs to the FSA. These costs depend upon the amount the facility is used. Accordingly the income which the FSA receives from these transactions reporting fees will be set and accounted for separately from the fee-block tariffs, and are set out in FEES 4 Annex 3.
  3. (3) The periodic fees for fee-paying payment service providers, and, fee-paying electronic money issuers are set out in FEES 4 Annex 11. This annex sets out the activity groups, tariff base, valuation dates and, where applicable, the flat fees due for these firms.

FEES 4.1.5

See Notes

handbook-guidance
The Society of Lloyd's, which has permission under section 315(2) of the Act (The Society: authorisation and permission), has its own fee block.

FEES 4.1.6

See Notes

handbook-guidance
The FSA will allocate penalties received for the benefit of relevant fee payers by way of a permitted deduction specified in FEES 4 Annex 2 or FEES 4 Annex 11 as applicable.

FEES 4.1.7

See Notes

handbook-guidance
In the case of periodic fees for firms, fees are calculated individually for each firm, but they may be paid on a group basis, if the group so wishes.

FEES 4.2

Obligation to pay periodic fees

General

FEES 4.2.1

See Notes

handbook-rule

A person shown in column (1) of the table in FEES 4.2.11 R as the relevant fee payer must pay each periodic fee applicable to it, calculated in accordance with the provisions referred to in column (2) of that table, as adjusted by any relevant provision in this chapter:

  1. (1) in full and without deduction (unless permitted or required by a provision in FEES); and
  2. (2) on or before the date given in column (3) of that table, unless FEES 4.2.10 R applies.

FEES 4.2.2

See Notes

handbook-guidance
  1. (1) A relevant fee payer will be required to pay a periodic fee for every year during which they have the status in column 1 of the table in FEES 4.2.11 R (or in relation to collective investment schemes, for every year during which it is a regulated collective investment scheme) subject to any reductions or exemptions applicable under this chapter. If a person is the relevant fee payer for more than one status listed in column 1 of the table in FEES 4.2.11 R (or in relation to collective investment schemes, the relevant fee payer for more than one regulated collective investment scheme) he will be required to pay a fee in relation to each.
  2. (2) A recognised body may also have obligations to pay fees to the FSA under other rules arising from legislation other than the Act. For example a recognised body may have an obligation to pay a fee as an approved operator of a relevant system under the Uncertificated Securities Regulations 1995 (SI 1995/3272).

FEES 4.2.3

See Notes

handbook-guidance
The FSA will issue invoices to firms and other fee payers and expects to do so at least 30 days before the dates on which payments fall due under FEES 4.2.1 R.

Method of payment

FEES 4.2.4

See Notes

handbook-rule
  1. (1) Unless (2) applies, a periodic fee must be paid using either direct debit, credit transfer (BACS/CHAPS), cheque, Maestro or by credit card (Visa/Mastercard only). Any payment by permitted credit card must include an additional 2% of the sum paid.
  2. (2) The FSA does not specify a method of payment for a recognised body or a designated professional body.

FEES 4.2.5

See Notes

handbook-guidance
The FSA expects a recognised body or a designated professional body will generally pay their respective fees by electronic credit transfer.

Modifications for persons becoming subject to periodic fees during the course of a financial year

FEES 4.2.6

See Notes

handbook-rule
  1. (1) Unless (2) applies, if the event, as described in column 4 of the table in FEES 4.2.11 R, giving rise to, or giving rise to an increase in, the fee payable in FEES 4.2.1 R, occurs on or after 1 July of the relevant financial year, the periodic fee required under FEES 4.2.1 R is modified for:
    1. (a) firms (other than ICVCs and UCITS qualifiers) in accordance with FEES 4.2.7 R and FEES 4.2.8 R;
    2. (b) for all other fee payers in column (1) of the table in FEES 4.2.11 R, in accordance with the table below.
  1. (2) For recognised bodies, if the recognition order is made during the course of the relevant financial year, the periodic fee required is set out in Column (4) of the table in FEES 4.2.11 R.

FEES 4.2.7

See Notes

handbook-rule

A firm (other than an ICVC or UCITS qualifier) which becomes authorised or registered, or whose permission and/or payment service activities are extended, during the course of the financial year must pay a fee which is calculated by:

  1. (1) identifying each of the tariffs set out in Part 1 of FEES 4 Annex 2R and/or FEES 4 Annex 11 as appropriate for the relevant financial year that apply to the firm only after the permission is received or extended or payment service activities are authorised or registered or extended or electronic money issuance activities are authorised or registered under the Electronic Money Regulations, but ignoring:
    1. (a) the A.13 activity group if, before the variation, the A.12 activity group applied to the firm's business; or
    2. (b) the A.12 activity group if, before the variation, the A.13 activity group applied to the firm's business;
  2. (2) calculating the amount for each of those tariffs which is the higher of:
    1. (a) the minimum fee (but not the minimum fee under Part 1A of FEES 4 Annex 2) specified for the tariff (where this applies); and
    2. (b) the result of applying the tariff to the projected valuation, for its first year (as provided to the FSA in the course of the firm's application), of the business to which the tariff relates;
  3. (3) adding together the amounts calculated under (2);
  4. (4) working out whether a minimum fee is payable under Part 1A of FEES 4 Annex 2 R and if so how much (except that that minimum fee is not payable again by a firm whose permission is extended if the fee was already payable before the extension);
  5. (5) adding together the amounts calculated under (3) and (4) and then adding this sum to any applicable flat rate fee; and
  6. (6) modifying the result as indicated by the table in FEES 4.2.6 R (except that FEES 4 Annex 10 (Periodic fees for MTF operators) deals with a firm that receives permission for operating a multilateral trading facility or has its permission extended to include this activity during the course of the relevant financial year and FEES 4.2.6 R does not apply).

FEES 4.2.7A

See Notes

handbook-guidance
Projected valuations for a firm's first year will be collected for the 12 month period beginning with the date a firm becomes authorised or registered, or the date its permission and/or payment service activities are extended. That information will be used to calculate the periodic fee for the remainder of the financial year in which the firm was authorised or registered or its permission and/or payment service activities were extended (adjusted in accordance with FEES 4.2.7 R) and to calculate the periodic fee for the following financial year. Projected valuations are not relevant for those fee payers that are only required to pay fixed fees.

FEES 4.2.7B

See Notes

handbook-rule
  1. (1) This rule deals with the calculation of:
    1. (a) a firm's fees for its second financial year. This is the FSA financial year following the FSA financial year in which it was given permission and/or was authorised or registered under the Payment Services Regulations or the Electronic Money Regulations or had its permission and/or payment services activities extended (the relevant permissions); and
    2. (b) the tariff base for the fee block or fee blocks that relate to each of the relevant permissions.
  2. (2) Unless this rule says otherwise, the tariff base for a firm's second financial year is calculated using projected valuations for its first year (as provided to the FSA in the course of the firm's application), of the business to which the tariff relates.
  3. (3) This rule does not apply to a firm with a permission for operating a multilateral trading facility.
  4. (4) A reference to the FSA financial year means the 12 months ending with 31 March.
  5. (5) The rest of this rule only applies to a firm that becomes authorised or registered, or extends its permission and/or payment services activities, on or after 1 April 2009.
    1. (a) If a firm's tariff base is calculated using data from a period that begins on or after the date that the firm obtains the relevant permission to which that tariff base relates, the firm must use that data.
    2. (b) Unless (a) applies, if a firm:
      1. (i) receives a relevant permission between 1 April and 31 December inclusive; and
      2. (ii) is, but for this rule, required to calculate its tariff base for that relevant permission by reference to the average of its modified eligible liabilities for October, November and December;
    3. it must calculate that tariff base as at the December before the start of the FSA financial year.
    4. (c) If a firm satisfies the following conditions it must calculate its tariff base under (d):
      1. (i) the firm receives a relevant permission between 1 April and 31 December inclusive; and
      2. (ii) the firm's tariff base for that relevant permission is, but for this rule, calculated by reference to the firm's financial year ended in the calendar year ending on the 31 December before the start of the FSA financial year or the twelve months ending 31 December before the start of the the FSA financial year.
    5. (d) If a firm satisfies the conditions in (c) it must calculate its tariff base as follows:
      1. (i) it must use actual data in relation to the business to which the tariff relates rather than projected valuations;
      2. (ii) the tariff is calculated by reference to the period beginning on the date it acquired the relevant permission relating to the tariff, and ending on the 31 December before the start of the FSA financial year; and
      3. (iii) the figures are annualised by increasing them by the same proportion as the period of 12 months bears to the period starting from when the firm received its relevant permission to 31 December.
    6. (e) Where a firm is required to use the method in (d) it must notify the FSA of this by the date specified in FEES 4.4 (Information on which Fees are calculated).
    7. (f) Where a firm is required to use actual data under this rule FEES 4 Annex 1 Part 3 and FEES 4 Annex 11 Part 4 are modified in relation to the calculation of that firm's valuation date in its second financial year.

Application of FEES 4.2.7BR

FEES 4.2.7C

See Notes

handbook-guidance
The table below sets out the period within which a firm's tariff base is calculated (the data period) for second year fees calculated under FEES 4.2.7B R. The example is based on a firm that acquires permission on 1 November 2009 and has a financial year ending 31 March. Where valuation dates fall before the firm receives permission it should use projected valuations in calculating its fees.

References in this table to dates or months are references to the latest one occurring before the start of the FSA's financial year unless otherwise stated.

FEES 4.2.8

See Notes

handbook-rule
In relation to an incoming EEA firm or an incoming Treaty firm the modification provisions of FEES 4.2.7 R apply only in relation to the relevant regulated activities of the firm, which are passported activities or Treaty activities and which are carried on in the United Kingdom, and which are not provided on a cross border services basis. For payment services and electronic money issuance, the adjustment only applies to the business to which the calculation made in FEES 4.3.12A R relates.

Fee payers ceasing to hold relevant status or reducing the scope of their permission after start of relevant period

FEES 4.2.9

See Notes

handbook-guidance

The FSA will not refund periodic fees if, after the start of the period to which they relate:

  1. (1) a fee payer ceases to have the status set out in column (1) of the table in FEES 4.2.11 R; or
  2. (2) a firm reduces its permission or payment services activities so that it then falls out of the fee-block previously applied to it;

(but see FEES 2.3 (Relieving Provisions) and FEES 4.3.13 R (Firms Applying to Cancel or Vary Permission Before Start of Period)).

Extension of Time

FEES 4.2.10

See Notes

handbook-rule

A person need not pay a periodic fee on the date on which it is due under the relevant provision in FEES 4.2.1 R, if:

  1. (1) that date falls during a period during which circumstances of the sort set out in GEN 1.3.2 R (Emergencies) exist, and that person has reasonable grounds to believe that those circumstances impair its ability to pay the fee, in which case he must pay it on or before the fifth business day after the end of that period; or
  2. (2) unless FEES 4.3.6R (3), FEES 4.3.6R (4) or FEES 4.3.6R (4A) (Time and method for payment) applies, that date would otherwise fall on or before the 30th day after the date on which the FSA has sent written notification to that person of the fee payable on that date, in which case he must pay on or before the 30th day after the date on which the FSA sends the notification.

FEES 4.2.11

See Notes

handbook-rule

Table of periodic fees

Note: Sponsors on the list of approved sponsors as at 1 April each year will be liable for the full year's annual fee unless FEES 4.3.13 R applies.

FEES 4.3

Periodic fee payable by firms (other than ICVCs and UCITS qualifiers)

FEES 4.3.1

See Notes

handbook-rule

The periodic fee payable by a firm (except an ICVC or a UCITS qualifier) is:

  1. (1) each periodic fee applicable to it calculated in accordance with FEES 4.3.3 R, using information obtained in accordance with FEES 4.4; plus
  2. (1A) any periodic fee applicable to it calculated in accordance with FEES 4.3.3A R using information relating to its UK business obtained in accordance with FEES 4.4 (or by other means in the case of the Bank of England); less
  3. (2) any deductions from the periodic fee specified in Part 2 of FEES 4 Annex 2 or Parts 6 and/or 7 of FEES 4 Annex 11. For the purposes of this deduction, any deduction available in Part 2 of FEES 4 Annex 2 shall not be applied to any fee calculated in accordance with FEES 4.3.3A R and any deduction available in Part 6 and/or 7 of FEES 4 Annex 11 shall not be applied to any fees calculated in accordance with FEES 4.3.3 R.

FEES 4.3.2

See Notes

handbook-guidance
  1. (1) The amount payable by each firm will depend upon the category (or categories) of regulated activities or payment services it is engaged in (fee-blocks) and whether it is issuing electronic money, and on the amount of business it conducts in each category (tariff base). The fee-blocks and tariffs are identified in in respect of the FCA and in respect of the PRA FEES 4 Annex 1 (and guidance on calculating certain of the tariffs is at FEES 4 Annex 12 G), while FEES 4 Annex 2 sets out the tariff rates for the relevant financial year. In the case of firms that provide payment services and/or issue electronic money, the relevant fee blocks, tariffs and rates are set out in FEES 4 Annex 11.
  2. (2) Incoming EEA firms, incoming Treaty firms, EEA authorised payment institutions and EEA authorised electronic money institutions receive a discount to reflect the reduced scope of the FSA's responsibilities in respect of them. The level of the discount varies from fee-block to fee-block, according to the division of responsibilities between the FSA and Home state regulators for firms in each fee-block (see FEES 4.3.11 G, FEES 4.3.12 R and FEES 4.3.12A R).

Calculation of periodic fee (excluding fee-paying payment service providers and fee-paying electronic money issuers)

FEES 4.3.3

See Notes

handbook-rule

The periodic fee referred to in FEES 4.3.1 R is (except in relation to the Society, fee-paying payment service providers and fee-paying electronic money issuers) calculated as follows:

  1. (1) identify each of the tariffs set out in Part 1 of FEES 4 Annex 2 which apply to the business of the firm for the period specified in that annex;
  2. (2) for each of those tariffs, calculate the sum payable in relation to the business of the firm for that period;
  3. (3) add together the amounts calculated under (2);
  4. (4) work out whether a minimum fee is payable under Part 1A of FEES 4 Annex 2 R and if so how much;
  5. (5) add together the amounts calculated under (3) and (4); and
  6. (6) apply any applicable payment charge specified in FEES 4.2.4 R, provided that:
    1. (a) for payment by direct debit, successful collection of the amount due is made at the first attempt by the FSA; or
    2. (b) for payment by credit transfer, the amount due is received by the FSA on or before the due date.

Calculation of periodic fee for fee-paying payment service providers and fee-paying electronic money issuers

FEES 4.3.3A

See Notes

handbook-rule
The periodic fee referred to in FEES 4.3.1 R in relation to fee-paying payment service providers and fee-paying electronic money issuers is calculated in accordance with FEES 4 Annex 11 R.

Modification for firms with new or extended permissions

FEES 4.3.4

See Notes

handbook-guidance
  1. (1) A firm which becomes authorised or registered during the course of a financial year will be required to pay a proportion of the periodic fee which reflects the proportion of the year for which it will have a permission or the right to provide particular payment services or the right to issue electronic money - see FEES 4.2.5 G and FEES 4.2.6 R.
  2. (2) Similarly a firm which extends its permission or its right to provide particular payment services so that its business then falls within additional fee blocks will be required to pay a further periodic fee under this section for those additional fee blocks, but discounted to reflect the proportion of the year for which the firm has the extended permission or payment services activity - see FEES 4.2.6 R and FEES 4.2.7 R.
  3. (3) These provisions apply (with some changes) to incoming EEA firms, incoming Treaty firms, EEA authorised payment institutions and EEA authorised electronic money institutions.
  4. (4) These provisions do not apply to a firm's periodic fees in relation to its permission for operating a multilateral trading facility obtained from the FSA during the course of a financial year.

Amount payable by the Society of Lloyd's

FEES 4.3.5

See Notes

handbook-rule
The periodic fee referred to in FEES 4.3.1 R in relation to the Society is specified against its name in FEES 4 Annex 2.

Time of payment

FEES 4.3.6

See Notes

handbook-rule
  1. (1) If the firm's, periodic fee for the previous financial year was at least £50,000, the firm must pay:
    1. (a) an amount equal to 50% of the periodic fee payable for the previous year, by 30 April in the financial year to which the sum due under FEES 4.2.1 R relates; and
    2. (b) the balance of the periodic fee due for the current financial year by 1 September in the financial year to which that sum relates.
  2. (2) If the firm's, periodic fee for the previous financial year was less than £50,000, the firm must pay the periodic fee due in full by 1 August or, if later, within 30 days of the date of the invoice in the financial year to which that sum relates.
  3. (3) If a firm has applied to cancel its Part IV permission in the way set out in SUP 6.4.5 D (Cancellation of permission), or its status as a payment institution under regulation 10 of the Payment Services Regulations (Cancellation of authorisation) or as regulation 10 is applied by regulation 14 of the Payment Services Regulations (Supplementary provisions), or its status as an electronic money issuer under regulation 10 of the Electronic Money Regulations (Cancellation of authorisation) or as regulation 10 is applied by regulation 15 of the Electronic Money Regulations (Supplementary provisions), then (1) and (2) do not apply but it must pay the total amount due when the application is made.
  4. (4) If the FSA has exercised its own-initiative powers to cancel a firm's Part IV permission in the way set out in EG 8 (Variation and cancellation of permission on the FSA's own initiative and intervention against incoming firms), then (1) and (2) do not apply but the firm must pay the total amount due immediately before the cancellation becomes effective.
  5. (4A) If the FSA has cancelled a firm's authorisation or registration under regulation 10 of the Payment Services Regulations or regulation 10 of the Electronic Money Regulations or its registration under regulation 10 as applied by regulation 14 of the Payment Services Regulations or its registration under regulation 10 as applied by regulation 15 of the Electronic Money Regulations, then (1) and (2) do not apply but the firm must pay the total amount due immediately before the cancellation becomes effective.
  6. (5) Paragraphs (1) and (2) do not apply to any Solvency 2 fee or Solvency 2 Implementation fee (as defined in Part 1 of FEES 4 Annex 2) and such fees are not taken into account for the purposes of the split in (1). Instead any Solvency 2 fee or Solvency 2 Implementation fee is payable on the date specified in (1)(a) or (2) (depending on which applies to the rest of its periodic fee) or any earlier date required by (3) or (4).
  7. (6) Paragraphs (1) and (2) do not apply to any periodic fee in relation to a firm's permission for operating a multilateral trading facility and such a fee is not taken into account for the purposes of the split in (1). Instead any fee for this permission is payable on the date specified in FEES 4 Annex 10 (Periodic fees for MTF operators).

Groups of firms

FEES 4.3.7

See Notes

handbook-rule

A firm which is a member of a group may pay all of the amounts due from other firms in the same group under FEES 4.2.1 R, if:

  1. (1) it notifies the FSA in writing of the name of each other firm within the group for which it will pay; and
  2. (2) it pays the fees, in accordance with this chapter, as a single amount as if that were the amount required from the firm under FEES 4.2.1 R.

FEES 4.3.8

See Notes

handbook-guidance
A notification under FEES 4.3.7R (1) should be made in accordance with SUP 15.7 (Form and method of notification).

FEES 4.3.9

See Notes

handbook-guidance

If the payment made does not satisfy in full the periodic fees payable by all of the members of the group notified to the FSA under FEES 4.3.7 R, the FSA will apply the sum received among the firms which have been identified in the notification given under FEES 4.3.7R (1) in proportion to the amounts due from them. Each firm will remain responsible for the payment of the outstanding balance attributable to it.

FEES 4.3.10

See Notes

handbook-guidance
If a firm pays its fees through an agent outside the scope of FEES 4.3.7 R, the firm is responsible for ensuring that the FSA is informed that the sum being paid is for that firm's periodic fees.

Incoming EEA firms, incoming Treaty firms, EEA authorised payment institutions and EEA authorised electronic money institutions

FEES 4.3.11

See Notes

handbook-guidance
The FSA recognises that its responsibilities in respect of an incoming EEA firm, an incoming Treaty firm, an EEA authorised payment institution or an EEA authorised electronic money institution are reduced compared with a firm which is incorporated in the United Kingdom. Accordingly the periodic fees which would otherwise be applicable to incoming EEA firms, incoming Treaty firms, EEA authorised payment institutions and EEA authorised electronic money institutions are reduced.

FEES 4.3.12

See Notes

handbook-rule

For an incoming EEA firm, (excluding MTF operators), or an incoming Treaty firm, the calculation required by FEES 4.3.3 R is modified as follows:

  1. (1) the tariffs set out in Part 1 of FEES 4 Annex 2 are applied only to the regulated activities of the firm which are carried on in the United Kingdom; and
  2. (2) those tariffs are modified in accordance with Part 3 of and, if applicable, Part 3 of FEES 4 Annex 2.

FEES 4.3.12A

See Notes

handbook-rule

For:

  1. (-1)
    1. (a) a full credit institution which is a fee-paying payment service provider and an EEA firm; or
    2. (b) a full credit institution which is a fee-paying electronic money issuer and an EEA firm; or
    3. (c) an EEA authorised payment institution; or
    4. (d) an EEA authorised electronic money institution;
  2. the calculation required by FEES 4.3.3A R is modified as follows:
  3. (1) the tariffs set out in Part 5 of FEES 4 Annex 11 are only applied to the payment services or electronic money issuance of the firm carried on from an establishment in the United Kingdom, including any payment services carried on through any of its agents established in the United Kingdom; and
  4. (2) those tariffs are modified in accordance with Part 7 of FEES 4 Annex 11.

Firms Applying to Cancel or Vary Permission Before Start of Period

FEES 4.3.13

See Notes

handbook-rule
  1. (1) If:
    1. (a) a firm makes an application to vary its permission (by reducing its scope), or cancel it, in the way set out in SUP 6.3.15 D (3) (Variation of permission) and SUP 6.4.5 D (Cancellation of permission), or applies to vary (by reducing its scope) or cancel its authorisation or registration (regulation 8 and 10(1) of the Payment Services Regulations including as applied by regulation 14 of the Payment Services Regulations) or applies to cancel its authorisation or registration (regulation 10 and 12 of the Electronic Money Regulations including as applied by regulation 15 of the Electronic Money Regulations); an issuer makes an application for de-listing; or a sponsor notifies the FSA of its intention to be removed from the list of approved sponsors; and
    2. (b) the firm, issuer or sponsor makes the application or notification referred to in (a) before the start of the period to which the fee relates;
  2. FEES 4.2.1 R applies to the firm as if the relevant variation or cancellation of the firm's permission or authorisation or registration under the Payment Services Regulations or the Electronic Money Regulations, de-listing or removal from the list of approved sponsors, took effect immediately before the start of the period to which the fee relates.
  3. (2) But (1) does not apply if, due to the continuing nature of the business, the variation, cancellation, de-listing or removal is not to take effect within three months of the start of the period to which the fee relates.

FEES 4.3.14

See Notes

handbook-guidance
Where a firm has applied to cancel its Part IV permission, or its authorisation or registration under the Payment Services Regulations or the Electronic Money Regulations, or the FSA has exercised its own-initiative powers to cancel a firm's Part IV permission or the FSA has exercised its powers under regulation 10 (Cancellation of authorisation), including as applied by regulation 14 (Supplementary provisions) of the Payment Services Regulations to cancel a firm's authorisation or registration under the Payment Services Regulations or the FSA has exercised its powers under regulation 10 (Cancellation of authorisation), including as applied by regulation 15 (Supplementary provisions) of the Electronic Money Regulations, the due dates for payment of periodic fees are modified by FEES 4.3.6R (3), FEES 4.3.6R (4) and FEES 4.3.6R (4A) respectively.

Firms acquiring businesses from other firms

FEES 4.3.15

See Notes

handbook-rule
  1. (1) This rule applies if:
    1. (a) a firm (A) acquires all or a part of the business of another firm (B), whether by merger, acquisition of goodwill or otherwise, in relation to which a periodic fee would have been payable by B, unless no periodic fee was payable by A in the financial year that the business was acquired from B; or
    2. (b) A became authorised or registered as a result of B's simple change of legal status (as defined in FEES 3 Annex 1 Part 6).
  2. (2) If, before the date on which A acquires the business, B had paid any periodic fee payable for the period in which the acquisition occurred, FEES 4.2.6 R to FEES 4.2.7 R do not apply to A in relation to the business acquired from B.
  3. (3) If the acquisition occurs after the valuation date applicable to the business (as set out in FEES 4 Annex 1 and FEES 4 Annex 11) which A acquired from B, for the period following that in which the acquisition occurred, FEES 4.2.1 R applies to A, in relation to that following period, as if the acquisition had occurred immediately before the relevant valuation date.

FEES 4.3.16

See Notes

handbook-rule
  1. (1) [deleted]
  2. (2) [deleted]
  3. (3) [deleted]

FEES 4.4

Information on which Fees are calculated

FEES 4.4.1

See Notes

handbook-rule
A firm (other than the Society) must notify to the FSA the value (as at the valuation date specified in Part 3 of FEES 4 Annex 1) of each element of business on which the periodic fee payable by the firm is to be calculated.

FEES 4.4.2

See Notes

handbook-rule
A firm (other than the Society) must send to the FSA in writing the information required under FEES 4.4.1 R as soon as reasonably practicable, and in any event within two months, after the date specified as the valuation date in Part 3 of FEES 4 Annex 1 (or FEES 4.2.7B R where applicable).

FEES 4.4.3

See Notes

handbook-rule
To the extent that a firm has provided the information required by this section to the FSA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of this section.

FEES 4.4.4

See Notes

handbook-guidance
In most cases a firm will provide the information required by this section as part of its compliance with the provisions of SUP. To the extent that the FSA does not obtain sufficient, or sufficiently detailed, information it may seek this by using its general information gathering powers (see SUP 2 (Information gathering by the FSA on its own initiative)).

FEES 4.4.5

See Notes

handbook-rule
For an incoming EEA firm or an incoming Treaty firm, the information required under FEES 4.4 is limited to the regulated activities of the firm which are carried on in the United Kingdom, except those provided on a cross border services basis.

FEES 4.4.6

See Notes

handbook-rule
The obligations of a firm to supply information as set out in FEES 4.4.1 R and FEES 4.4.2 R do not apply in respect of any of its payment services business.

Information relating to payment services and the issuance of electronic money

FEES 4.4.7

See Notes

handbook-directions
A fee-paying payment service provider and a fee-paying electronic money issuer must notify to the FSA the value (as at the valuation date specified in Part 4 of FEES 4 Annex 11) of each element of business on which the periodic fee (other than a flat fee) payable by the firm under 1 R is to be calculated, including any payment services carried on by its agents from an establishment in the United Kingdom.

FEES 4.4.8

See Notes

handbook-directions
A firm must send to the FSA in writing the information required under FEES 4.4.7 D as soon as reasonably practicable, and in any event within two months, after the date specified as the valuation date in Part 4 of FEES 4 Annex 11.

FEES 4.4.9

See Notes

handbook-directions
To the extent that a firm has provided the information required by FEES 4.4.7 D to the FSA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of that direction.

FEES 4 Annex 1

Activity groups, tariff bases and valuation dates applicable

See Notes

handbook-rule

FEES 4 Annex 2

Fee tariff rates, permitted deductions and EEA/Treaty firm modifications for the period from 1 April 2011 to 31 March 2012

See Notes

handbook-rule
Part 1
This table shows the tariff rates applicable to each fee block Part 1 A Part 2
This table shows the permitted deductions that apply where financial penalties are received by the FSA under sections 66, 123 and 206 of the Act and regulation 42 of the Money Laundering Regulations:

FEES 4 Annex 3

Transaction reporting fees

Transaction reporting fees from 1 April 2010 until further notice

See Notes

handbook-rule
This table shows the fees payable for firms using the FSA's Transaction Reporting System where firms do not have a written contract with the FSA in relation to their use of the System.

FEES 4 Annex 4

Periodic fees in relation to collective investment schemes payable for the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule
Part 1 - Periodic fees payable Fees are charged according to the number of funds or sub-funds operated by a firm as at 31 March 2011. Where a new collective investment scheme becomes authorised during a year, fees are charged according to the number of funds or sub-funds operated by a firm as at the date of authorisation. Where more than one fund or sub-fund is operated, the number of funds (not including the umbrella or parent fund) produces a 'fund factor' in accordance with the table above, which is then applied to a basic fee to produce one total fee per operator. Fund factors are applied per operator rather than per scheme so that the fees relate to the number of funds rather than the number of schemes. This means that, for example, an authorised fund manager of three schemes pays the same as an operator or authorised fund manager of one scheme with three sub-funds (as only the sub-funds are counted).
Schemes set up under section 264 of the Act are charged according to the number of funds or sub-funds which a firm is operating and marketing into the UK as at 31 March immediately before the start of the period to which the fee applies. For example, for 2010/11 fees a reference to 31 March means 31 March 2010.

FEES 4 Annex 5

Periodic fees for designated professional bodies payable in relation to the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule
Table of fees payable by Designated Professional Bodies Notes
(1) The FSA register includes details of exempt professional firms carrying out insurance mediation activity.

FEES 4 Annex 6

Periodic fees for recognised investment exchanges, recognised clearing houses and recognised auction platforms payable in relation to the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule
Part 1 - Periodic fees for UK recognised clearing houses and recognised investment exchanges Part 1A - Periodic fees for recognised auction platforms Part 2 - Periodic fees for overseas recognised bodies

FEES 4 Annex 7

Periodic fees in relation to the Listing Rules for the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule
Table 1
Annual fees for issuers of securitised derivatives, depositary receipts and global depositary receipts
Table 2
Tiered annual fees for all other issuers
There is deducted from the fee specified in this Annex 4.7% of the fee payable to take into account financial penalties received by the FSA under section 91 of the Act in the previous financial year.

FEES 4 Annex 8

Periodic fees in relation to the disclosure rules and transparency rules for the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule
Table 1
Annual fees for non-listed issuers of securitised derivatives, depositary receipts and global depositary receipts
Table 2
There is deducted from the fee specified in this Annex 4.7% of the fee payable to take into account financial penalties received by the FSA under section 91 of the Act in the previous financial year.

FEES 4 Annex 9

Periodic fees in respect of securities derivatives for the period from 1 April 2011 to 31 March 2012

See Notes

handbook-rule


Part 1

This table shows the fee amount applicable to firms and market operators in respect of certain securities derivatives.

For the purposes of this Annex, a relevant contract is any contract entered into or settled by firms on or through LIFFE or Eurex Clearing AG in securities derivatives and the relevant period is 1 January 2010 to 31 December 2010 inclusive.

The fee shown in the table below for firms (but not for market operators) will be subject to a deduction of 16.7 %, as if that fee were a periodic fee charged under FEES 4.3.3 R, and the deduction were a deduction set out in Part 2 of FEES 4 Annex 2 R.

FEES 4 Annex 10

Periodic fees for MTF operators payable in relation to the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule

There is deducted from the fee specified in this Annex 16.7% of the fee payable to take into account financial penalties received by the FSA under section 66, 123 and 206 of the Act in the previous financial year.

FEES 4 Annex 11

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 in relation to the period 1 April 2011 to 31 March 2012

See Notes

handbook-rule

FEES 4 Annex 12

Guidance on the calculation of tariffs set out in FEES 4 Annex 1 R Part 2

See Notes

handbook-guidance
The following table sets out guidance on how a firm should calculate relevant tariffs. Fee block A.4

Export chapter as

FEES 5

Financial Ombudsman Service Funding

FEES 5.1

Application and Purpose

Application

FEES 5.1.1

See Notes

handbook-rule
Rules and guidance made by the FSA in this chapter apply to every firm which is subject to the Compulsory Jurisdiction.

FEES 5.1.1-A

See Notes

handbook-guidance
Whilst no rule made by the FSA in this chapter applies to licensees subject to the Consumer Credit Jurisdiction or to VJ participants, some of the guidance may do. The application of rules made by the FOS Ltd in this chapter is set out in FEES 5.5A and described in FEES 5.1.2 AG.

FEES 5.1.1A

See Notes

handbook-rule
A reference to firm in this chapter includes a reference to a fee-paying payment service provider and fee-paying electronic money issuer.

FEES 5.1.1B

See Notes

handbook-rule
FEES 5.1.1A R does not apply to FEES 5.5A or FEES 5 Annex 2R or Annex 3R unless otherwise stated in rules made by the FOS Ltd.

FEES 5.1.2

See Notes

handbook-guidance
The rules set out in the table under FEES 5.1.2 AG are made by the FOS Ltd. All other FEES 5 rules are made by the FSA.

FEES 5.1.2A

See Notes

handbook-guidance
Table of FEES 5 rules made by the FOS Ltd

Exemption

FEES 5.1.4

See Notes

handbook-rule
A firm which is exempt under DISP 1.1.12 R is also exempt from FEES 5.1, 5.2, 5.3, 5.4 and 5.6.

FEES 5.1.4A

See Notes

handbook-rule
A firm will only be exempt from FEES 5.7 for any given financial year if it met the conditions in DISP 1.1.12 R on 31 March of the immediately preceding financial year.

FEES 5.1.5

See Notes

handbook-rule
A firm which ceases to be exempt under FEES 5.1.4 R is to be treated, for the purposes of its contribution to the general levy, as a firm to which FEES 5.8 applies.

FEES 5.1.6A

See Notes

handbook-guidance
Firms which cease to be authorised and therefore subject to the Compulsory Jurisdiction part way through the year will not receive a refund of their general levy except in exceptional circumstances.

Purpose

FEES 5.1.7

See Notes

handbook-guidance
The purpose of this chapter is to set out the requirements on firms to pay annual fees (through a general levy invoiced and collected by the FSA on behalf of FOS Ltd) and case fees (invoiced and collected directly by FOS Ltd) in order to fund the operation of the Financial Ombudsman Service. This Chapter also provides for unauthorised persons to pay case fees to FOS Ltd in respect of any relevant complaints which it handles.

FEES 5.1.8

See Notes

handbook-guidance
This chapter also explains the way that the Consumer Credit Jurisdiction will be funded by a combination of contributions collected by the Office of Fair Trading which are paid to FOS Ltd and case fees invoiced and collected directly by FOS Ltd from licensees.

FEES 5.2

Introduction

FEES 5.2.1

See Notes

handbook-guidance
Paragraph 9 of Schedule 17 to the Act (The Ombudsman Scheme) requires FOS Ltd to adopt an annual budget which has been approved by the FSA. The annual budget must distinguish between the costs of operating the Compulsory Jurisdiction, the Consumer Credit Jurisdiction and the Voluntary Jurisdiction.

FEES 5.2.2

See Notes

handbook-guidance

Section 234 of the Act (Industry Funding) enables the FSA to require the payment to it or to FOS Ltd, by firms or any class of firm, of specified amounts (or amounts calculated in a specified way) to cover the costs of:

  1. (1) the establishment of the Financial Ombudsman Service; and
  2. (2) its operation in relation to the Compulsory Jurisdiction.

FEES 5.2.2A

See Notes

handbook-guidance

Section 234A (1) of the Act (Funding by consumer credit licensees etc.) enables FOS Ltd from time to time and with the approval of the FSA to determine a sum which is to be raised by way of contributions under that section to cover the costs of:

  1. (1) the establishment of the Financial Ombudsman Service so far as it relates to the Consumer Credit Jurisdiction;
  2. (2) its operation in relation to the Consumer Credit Jurisdiction; and
  3. (3) a component to cover the costs of collection of the contributions to that sum (collection costs).

FEES 5.2.2B

See Notes

handbook-guidance

FOS Ltd must notify the Office of Fair Trading of every determination made under section 234A(1) and the Office of Fair Trading must give a general notice of every determination so notified. The Office of Fair Trading may by general notice impose requirements on

  1. (1) licensees under standard licences which cover to any extent the carrying on of a type of business specified in an order made under section 226A(2)(e) of the Act; or
  2. (2) persons who make applications for:
    1. (a) standard licences covering to any extent business of such a type; or
    2. (b) the renewal of standard licences on terms covering to any extent the carrying on of a business of such a type;

to pay contributions to the Office of Fair Trading for the purpose of raising sums determined by FOS Ltd in accordance with the provisions of section 234A (6) and (7) of the Act.

FEES 5.2.3

See Notes

handbook-guidance
Paragraph 15 of Schedule 17 to the Act enables FOS Ltd to require firms subject to the Compulsory Jurisdiction and any other respondents to a complaint to pay specified fees to it in respect of complaints closed by the Financial Ombudsman Service.

FEES 5.2.3A

See Notes

handbook-guidance
Paragraph 16C of Schedule 17 to the Act enables FOS Ltd to require licensees subject to the Consumer Credit Jurisdiction and any other respondents to a complaint to pay specified fees to it in respect of complaints closed by the Financial Ombudsman Service.

FEES 5.2.4

See Notes

handbook-guidance
The Ombudsman Transitional Order provides for unauthorised persons to be charged fees in respect of any relevant complaints against them which the Financial Ombudsman Service handles.

FEES 5.2.5

See Notes

handbook-guidance
Paragraph 18 of Schedule 17 to the Act enables FOS Ltd to require VJ participants to pay to it such amounts at such times as it specifies in the standard terms.

FEES 5.2.6

See Notes

handbook-guidance
The relevant provisions of the rules in FEES 5 and FEES 2 will be applied to VJ participants through the standard terms made by FOS Ltd under paragraph 18 of Schedule 17 to the Act (see DISP 4).

FEES 5.2.7

See Notes

handbook-guidance
This chapter sets out the framework for the funding arrangements of the Financial Ombudsman Service, including, where relevant, the method by which fees will be calculated. Details of the actual fees payable will vary from year to year, depending on the annual budget of the Financial Ombudsman Service. These details will be set out in annexes to this chapter. New annexes will be prepared and consulted on for each financial year.

FEES 5.3

The general levy

FEES 5.3.1

See Notes

handbook-guidance

Each financial year, the FSA and FOS Ltd will consult on the amount of the annual budget of the Financial Ombudsman Service which is to be raised by the general levy.

FEES 5.3.2

See Notes

handbook-guidance
For the purposes of the general levy, a firm will fall into one or more of the industry blocks set out in FEES 5 Annex 1 depending on the business activities which it conducts.

FEES 5.3.3

See Notes

handbook-guidance
The FSA will determine, following consultation, the amount to be raised from each industry block. This will be based on the budgeted costs and numbers of Financial Ombudsman Service staff required to deal with the volume of complaints which the Financial Ombudsman Service expects to receive about the firms in each industry block. Modified arrangements have been made for certain types of small firms (see FEES 5.5.3 R to FEES 5.5.5 G).

FEES 5.3.4

See Notes

handbook-guidance
FEES 5 Annex 1 sets out the fee tariffs for each industry block.

FEES 5.3.5

See Notes

handbook-guidance
The FSA will specify a minimum levy for firms in each industry block.

FEES 5.3.6

See Notes

handbook-rule
A firm must pay to the FSA a general levy towards the costs of operating the Compulsory Jurisdiction of the Financial Ombudsman Service.

FEES 5.3.7

See Notes

handbook-guidance
Under the standard terms, VJ participants will be required to pay to FOS Ltd an amount calculated on a similar basis towards the costs of operating the Voluntary Jurisdiction of the Financial Ombudsman Service, see FEES 5 Annex 2R. FOS Ltd will be responsible for invoicing and collecting this amount.

FEES 5.3.8

See Notes

handbook-rule

A firm's general levy under the compulsory jurisdiction is calculated as follows:

  1. (1) identify each of the tariff bases set out in FEES 5 Annex 1 which apply to the relevant business of the firm for the relevant year;
  2. (2) for each of those tariff bases, calculate the sum payable in relation to the relevant business of the firm for that year;
  3. (3) add together the amounts calculated under (2).

FEES 5.3.9

See Notes

handbook-rule
For the purpose of FEES 5.3.6 R and FEES 5.3.8 R, a member of the Society of Lloyd's or a managing agent at Lloyd's will not in that capacity be treated as a firm. But the Society of Lloyd's will pay a general levy in respect of Lloyd's insurance business conducted with eligible complainants.

FEES 5.3.10

See Notes

handbook-rule
For the purpose of FEES 5.3, references to relevant business for a firm which falls in industry block 16 or 17 and which so elects under FEES 5 Annex 1, are references to the firm's total amount of annual income reported in accordance with Part 2 of FEES 4.

FEES 5.4

Information requirement

FEES 5.4.1

See Notes

handbook-rule
  1. (1) A firm must provide the FSA by the end of February each year (or, if the firm has become subject to the Financial Ombudsman Service part way through the financial year, by the date requested by the FSA) with a statement of the total amount of relevant business (measured in accordance with the appropriate tariff base(s)) which it conducted, as at or in the year to 31 December of the previous year as appropriate, in relation to the tariff base for each of the relevant industry blocks set out in FEES 5 Annex 1.
  2. (2) Paragraph (1) does not apply if the firm pays a general levy on a flat fee basis only or if it is the Bank of England.
  3. (3) If a firm cannot provide a statement of the total amount of relevant business as required by FEES 5.4.1 R, it must provide the best estimate of the amount of relevant business that it conducted.
  4. (4) For the purpose of FEES 5.4.1 R, references to relevant business for a firm which falls in industry block 16 or 17 and which so elects under FEES 5 Annex 1, are references to the firm's total amount of annual income reported in accordance with Part 2 of FEES 4 Annex 1.
  5. (5) If a firm does not submit a complete statement by the date on which it is due in accordance with this rule and any prescribed submission procedures:
    1. (a) the firm must pay an administrative fee of 250 (but not if it is already subject to an administrative fee under FEES 4 Annex 2, Part 1 or FEES 6.5.16 R for the same financial year); and
    2. (b) the general levy will be calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10 (or, if a firm has become subject to the Financial Ombudsman Service part way through the financial year, on the basis of the information provided to the FSA for the purposes of FEES 4.4.2 R) or on any other reasonable basis, making such adjustments as seem appropriate in subsequent levies once the true figures are known.

FEES 5.4.1A

See Notes

handbook-directions
The information requirement set out under FEES 5.4.1 R is applied under this direction to a fee-paying payment service provider and a fee-paying electronic money issuer.

FEES 5.4.2

See Notes

handbook-guidance
Failure to submit a statement in accordance with the rules in this chapter may also lead to the imposition of a financial penalty and other disciplinary sanctions (see DEPP 6.6.1 G to DEPP 6.6.5 G).

FEES 5.4.3

See Notes

handbook-guidance
SUP 16.3 (General provisions on reporting) contains further rules on the method of submission of reports under FEES 5.4.1 R.

FEES 5.4.4

See Notes

handbook-guidance
A firm should not provide a statement of relevant business if it deals only with eligible complainants who are not consumers. Relevant business is defined in the Glossary as business done with consumers only. So FEES 5.4.1 R does not apply in relation to business done with other types of eligible complainant described in DISP 2.7.3R (2), DISP 2.7.6R (12)(a) and DISP 2.7.6R (12)(a); the funding of FOS Ltd in relation to that business is by special case fee only (see FEES 5.5.6 R).

FEES 5.5A

Case fees

Application

FEES 5.5A.1

See Notes

handbook-rule
The requirements in FEES 5.5A apply to:
(2) every other person who is subject to the Compulsory Jurisdiction in relation to relevant complaints.

FEES 5.5A.2

See Notes

handbook-guidance
DISP 4.2.6 R applies certain rules in FEES to VJ participants as part of the standard terms, but substituting VJ participant for firm. As a result, VJ participants are required to pay the case fees set out in FEES 5.5A.6 R, FEES 5.5A.13 R and FEES 5 Annex 3R.

FEES 5.5A.3

See Notes

handbook-rule
References in FEES 5.5A to "firms" are to be construed, where relevant, as including:
(1) in accordance with the Ombudsman Transitional Order, unauthorised persons subject to the Compulsory Jurisdiction in relation to relevant complaints (see Transitional Provisions 6 and 7 of DISP); and
(2) as a result of section 226 of the Act, unauthorised persons who were formerly firms in respect of complaints about acts or omissions which occurred at the time when they were firms, provided that the Compulsory Jurisdiction rules were in force in relation to the activity in question.

FEES 5.5A.4

See Notes

handbook-guidance
References in FEES 5.5A and FEES 5 Annex 3R to licensees are to be construed, where relevant as a result of section 226A (Consumer credit jurisdiction) of the Act, as including persons who were formerly licensees in respect of complaints about acts or omissions which occurred at the time when they were licensees, provided the complaint falls within a description specified in the Consumer Credit Jurisdiction rules in force at the time of the act or omission.

Purpose

FEES 5.5A.5

See Notes

handbook-rule
The purpose of FEES 5.5A is to set out the requirements on firms, payment service providers, electronic money issuers, VJ participants (through the standard terms) and licensees to pay case fees (invoiced and collected directly by the FOS Ltd) in order to fund the operation of the Financial Ombudsman Service. FEES 5.5A also provides for unauthorised persons to pay case fees to the FOS Ltd in respect of any relevant complaints which it handles.

Standard Case fee

FEES 5.5A.6

See Notes

handbook-rule
A firm or a licensee must pay to the FOS Ltd the standard case fee specified in FEES 5 Annex 3R in respect of each chargeable case relating to that firm or licensee which is closed by the Financial Ombudsman Service, unless a special case fee is payable or has been paid in respect of that case under FEES 5.5A.13 R to FEES 5.5A.22 R.

FEES 5.5A.7

See Notes

handbook-rule
FEES 5.5A.6 R applies to payment service providers and electronic money issuers in the same way as it applies to firms.

FEES 5.5A.8

See Notes

handbook-guidance
The standard case fee, which will be subject to consultation each year, will be calculated by dividing the annual budget for the Compulsory Jurisdiction, less the amount to be raised by the general levy, by the estimated number of chargeable cases which the Financial Ombudsman Service expects to close in the relevant financial year.

FEES 5.5A.9

See Notes

handbook-guidance
For the purposes of the Consumer Credit Jurisdiction, the standard case fee, which will be subject to consultation each year, will be calculated by dividing the annual budget for the Consumer Credit Jurisdiction, less the amount to be raised by the sum determined by the FOS Ltd under section 234A (Funding by consumer credit licensees etc) of the Act, by the estimated number of chargeable cases which the Financial Ombudsman Service expects to close in the relevant financial year.

FEES 5.5A.10

See Notes

handbook-rule
A credit union which is subject to the minimum levy in an industry block is not required to pay a standard case fee in respect of chargeable cases relating to that industry block.

FEES 5.5A.11

See Notes

handbook-rule
Any firm falling into either industry block 13 or industry block 15 in FEES 5 Annex 1 R is not required to pay the standard case fee in respect of chargeable cases relating to those industry blocks.

FEES 5.5A.12

See Notes

handbook-guidance
The firms in industry blocks 13 and 15 are cash plan health providers and small friendly societies. These arrangements have been made in respect of these firms to take account of the fact that the amount at issue is likely to be small relative to the case fee. Instead, the full unit cost of handling complaints against these firms will be recovered through the general levy in accordance with the relevant tariff-base and no case fee will be payable. Similar arrangements have been made under FEES 5.5A.10 R in respect of small credit unions.

Special case fees: complaints from small businesses

FEES 5.5A.13

See Notes

handbook-rule
A firm must pay to the FOS Ltd a special case fee, as specified in FEES 5 Annex 3R in respect of each chargeable case relating to that firm which is closed by the Financial Ombudsman Service and which was referred to the Financial Ombudsman Service by eligible complainants who fall within DISP 2.7.3 R (2) or DISP 2.7.6R (12)(a).

FEES 5.5A.14

See Notes

handbook-rule
FEES 5.5A.13 R applies to payment service providers and electronic money issuers in the same way it applies to firms.

Special case fees: firms which cease to be authorised, persons which cease to be payment service providers or electronic money issuers and persons which cease to be licensees

FEES 5.5A.15

See Notes

handbook-rule
A firm which ceases to be authorised must pay to the FOS Ltd a special case fee, as specified in FEES 5 Annex 3R in respect of each chargeable case relating to that firm which is closed by the Financial Ombudsman Service and which concerned an act or omission occurring when the firm was authorised and where the complaint was made after its authorisation ceased.

FEES 5.5A.16

See Notes

handbook-rule
FEES 5.5A.15 R applies to persons which cease to be licensees in the same way as it applies to firms which cease to be authorised.

FEES 5.5A.17

See Notes

handbook-rule
FEES 5.5A.15 R applies to persons which cease to be payment service providers or electronic money issuers in the same way as it applies to firms which cease to be authorised.

Special case fees: relevant complaints against persons who were subject to a former scheme

FEES 5.5A.18

See Notes

handbook-rule
An unauthorised person who is subject to the Compulsory Jurisdiction in relation to a relevant complaint must pay to the FOS Ltd a special case fee as specified in FEES 5 Annex 3R in respect of each chargeable case relating to that unauthorised person which is closed by the Financial Ombudsman Service.

FEES 5.5A.19

See Notes

handbook-guidance
Under the Ombudsman Transitional Order, the FOS Ltd can handle complaints about members of a former scheme which that scheme could have handled before commencement, even if the unauthorised person concerned does not become authorised by the FSA after that date. Where the FOS Ltd handles those complaints, the unauthorised person concerned will be required to pay a special case fee.

Special case fees for 2001/02

FEES 5.5A.20

See Notes

handbook-rule
A firm which was a member of PIA before commencement must pay to the FOS Ltd a special case fee, as specified in FEES 5 Annex 3R, in respect of each chargeable case relating to that firm received by the Financial Ombudsman Service after commencement and before 31 March 2002.

FEES 5.5A.21

See Notes

handbook-rule
FEES 5.5A.20 R does not apply in relation to a chargeable case which relates to a complaint which proceeded or would have proceeded under a former scheme other than the PIA Ombudsman scheme.

FEES 5.5A.22

See Notes

handbook-rule
A firm which was not a member of a former scheme before the commencement day must pay to the FOS Ltd a special case fee, as specified in FEES 5 Annex 3R, in respect of each chargeable case which relates to business conducted by the firm after the commencement day and which is closed by the Financial Ombudsman Service before 31 March 2002.

FEES 5.5A.23

See Notes

handbook-guidance
A firm which was, before commencement, a member of PIA and a former scheme other than the PIA Ombudsman scheme will not, on account of the exclusion in FEES 5.5A.21 R, be required to pay the special case fee specified by FEES 5.5A.20 R in respect of all chargeable cases relating to it, but only those which arise in respect of investment business matters which would have been eligible under the PIA Ombudsman scheme.

Case fee exemption

FEES 5.5A.24

See Notes

handbook-rule
Notwithstanding the above, a firm, payment service provider, electronic money issuer or licensee will only be liable for, and the FOS Ltd will only invoice for, the standard case fee or, as the case may be, the special case fee, in respect of the fourth and subsequent chargeable cases in any financial year.

FEES 5.5A.25

See Notes

handbook-guidance
A case fee exemption provision was first applied in the financial year 1 April 2004 to 31 March 2005. For that financial year only, each authorised firm was invoiced for a standard case fee for the third and subsequent chargeable case received by the Financial Ombudsman Service, subject to the annual levy having been invoiced and paid by the firm within the Financial Ombudsman Service's normal credit terms. For the financial year commencing 1 April 2005 and for subsequent financial years, the case fee exemption provision contained in FEES 5.5A.24 R applies. This provision is not retrospectively applicable to financial years prior to 1 April 2005.

FEES 5.5A.26

See Notes

handbook-rule
A firm, payment service provider or electronic money issuer which is exempt under DISP 1.1.12 R is also exempt from FEES 5.5A.

FEES 5.5A.27

See Notes

handbook-rule
A firm, payment service provider or electronic money issuer will only be exempt from FEES 5.5A.28 R to FEES 5.5A.30 R, as applicable, for any given financial year if it met the conditions in DISP 1.1.12 R on 31 March of the immediately preceding financial year.

Payment

FEES 5.5A.28

See Notes

handbook-rule
A firm or licensee must pay to the FOS Ltd any standard case fee or special case fee which it is liable to pay under FEES 5.5A.6 R, FEES 5.5A.13 R, FEES 5.5A.15 R, FEES 5.5A.18 R, FEES 5.5A.20 R, or FEES 5.5A.22 R, as appropriate, in respect of chargeable cases for which it is invoiced by the FOS Ltd within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

FEES 5.5A.29

See Notes

handbook-rule
FEES 5.5A.28 R applies to payment service providers and electronic money issuers in the same way it applies to firms.

FEES 5.5A.30

See Notes

handbook-rule
A firm or an unauthorised person which is subject to the Compulsory Jurisdiction in relation to a relevant complaint must pay any standard case fee or special case fee within 30 calendar days of the date when the invoice is issued by the FOS Ltd.

Leaving the Financial Ombudsman Service

FEES 5.5A.31

See Notes

handbook-rule
Where a firm ceases to be authorised part way through a financial year:
(1) it will remain liable to pay standard case fees in respect of chargeable cases against it which are closed by the Financial Ombudsman Service for the remainder of that financial year; and
(2) it must pay the special case fee specified under FEES 5.5A.15 R in respect of any other chargeable cases against it which are closed by the Financial Ombudsman Service.

FEES 5.5A.32

See Notes

handbook-rule
FEES 5.5A.31 R applies to persons ceasing to be licensees or payment service providers or electronic money issuers part way through a financial year in the same way as it applies to firms which cease to be authorised.

FEES 5.5A.33

See Notes

handbook-guidance
Firms, payment service providers and electronic money issuers will continue to be liable for any case fees relating to chargeable cases closed by the Financial Ombudsman Service after they cease to be authorised, or cease to be payment service providers or electronic money issuers. Firms, payment service providers and electronic money issuers will be charged the standard case fee where the complaint was closed by the Financial Ombudsman Service before the end of the year in which their authorisation ceased or, as the case may be, they ceased to be payment service providers or they cease to be electronic money issuers. The special case fee will apply to any complaint closed after the end of that year since the firm or payment service provider or electronic money issuer will no longer be contributing to the general levy.

FEES 5.5A.34

See Notes

handbook-guidance
Licensees will also continue to be liable for any case fees relating to chargeable cases closed by the Financial Ombudsman Service after they cease to be licensees. Licensees will be charged the standard case fee where the complaint was closed by the Financial Ombudsman Service before the end of the year in which they ceased to be licensees. The special case fee will apply to any complaint closed after the end of that year since the licensee will no longer be contributing to any sum determined under section 234A of the Act.

Late payments and remission of case fees

FEES 5.5A.35

See Notes

handbook-rule
FEES 2.2.1 R applies as if a reference in that rule to the FOS levy is a reference to case fees payable under FEES 5.5A and a reference to the FSA is a reference to the FOS Ltd.

FEES 5.5A.36

See Notes