SUP 20

Fees Rules

SUP 20.1

Introduction

Application

SUP 20.1.1

See Notes

handbook-rule
This chapter (other than SUP 20.6 (Periodic fees for certificates granted under article 54 of the Regulated Activities Order )) applies to every firm except:
(1) an ICVC;

SUP 20.1.2

See Notes

handbook-rule
SUP 20.6 (Periodic fees for certificates granted under article 54 of the Regulated Activities Order) applies to every person who holds a certificate issued by the FSA under article 54 of the Regulated Activities Order (Advice given in newspapers etc.).

Purpose

SUP 20.1.3

See Notes

handbook-guidance
The purpose of this chapter is to set out the requirements on firms and others to pay periodic fees which provide the funding for the FSA's functions. It also sets out the requirement to pay transaction reporting fees in certain circumstances.

Background

SUP 20.1.4

See Notes

handbook-guidance
GEN 3(FSA Fees: General Provisions) applies to the fees required under this chapter, and gives further detail about how the FSA sets periodic fees.

SUP 20.1.5

See Notes

handbook-guidance
Most of the detail of what periodic fees are payable by firms is set out in SUP 20 Annex 2. The provisions of the annex will vary from one financial year to another. Accordingly a fresh SUP 20 Annex 2 will come into force, following consultation, for each financial year.

SUP 20.1.6

See Notes

handbook-guidance
These 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. The amount payable by each firm will depend upon the category (or categories) of regulated activities it is engaged in (fee-blocks), and on the amount of business it conducts in each category (tariff base).

SUP 20.1.7

See Notes

handbook-guidance
By basing fee blocks on categories of regulated activities, the FSA aims to minimise cross-sectoral subsidies. The fee-blocks and tariffs are identified in SUP 20 Annex 1, which also sets out the fees calculation for the relevant financial year.

SUP 20.1.8

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.

SUP 20.1.9

See Notes

handbook-guidance
Incoming EEA firms and incoming Treaty firms 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 SUP 20.4(Modifications).

SUP 20.1.10

See Notes

handbook-guidance
Paragraph 17(2) of Schedule 1 to the Act prohibits the FSA from taking account of penalties received when setting its periodic and other fees. Accordingly each SUP 20 Annex 2 will set the periodic fee without reference to the penalties received. The FSA will allocate the penalties by way of a permitted deduction specified in SUP 20 Annex 2 for the relevant year. The FSA normally expects to allocate those deductions so that they apply to the fee blocks within which the firms paying penalties fall.

SUP 20.1.11

See Notes

handbook-guidance
Fees are calculated individually for each firm, but they may be paid on a group basis, if the group so wishes.

SUP 20.2

Obligation to Pay Periodic Fees

Amount payable

SUP 20.2.1

See Notes

handbook-rule
A firm must pay to the FSA an amount equal to:
(1) each periodic fee applicable to it; less
(2) any deductions from the periodic fee specified in part 2 of SUP 20 Annex 2.

SUP 20.2.2

See Notes

handbook-rule
A firm must not make any other deduction from the amount required under SUP 20.2.1 R.

SUP 20.2.3

See Notes

handbook-guidance
A firm will be required to pay a periodic fee for every year during which it has a permission subject to any reductions or exemptions applicable under this chapter. The FSA will issue invoices to firms and expects to do so at least 30 days before the dates on which payments will fall due under SUP 20.2.7 R.

Calculation of periodic fee

SUP 20.2.4

See Notes

handbook-rule
The periodic fee referred to in SUP 20.2.1 R is (except in relation to the Society) calculated as follows:
(1) identify each of the tariffs set out in part 1 of SUP 20 Annex 2 which apply to the business of the firm for the period specified in that annex;
(2) for each of those tariffs, calculate the sum payable in relation to the business of the firm for that period;
(3) add together the amounts calculated under (2);
(4) apply any applicable payment charge or discount specified in SUP 20.2.7A R, provided that:
(a) for payment by direct debit, successful collection of the amount due is made at the first attempt by the FSA; or
(b) for payment by credit transfer, the amount due is received by the FSA on or before the due date.

SUP 20.2.5

See Notes

handbook-guidance
For a firm which becomes authorised or extends its permission during the course of a financial year this periodic fee is modified (seeSUP 20.4 (Modifications)). The periodic fee is also modified for incoming EEA firms and for incoming Treaty firms seeSUP 20.4.7 G).

Amount payable by the Society of Lloyd's

SUP 20.2.6

See Notes

handbook-rule
The periodic fee referred to in SUP 20.2.1 R in relation to the Society is specified against its name in SUP 20 Annex 2.

Time and method for payment

SUP 20.2.7

See Notes

handbook-rule
(1) The firm must pay the total amount due under SUP 20.2.1 R, using one of the payment methods specified in SUP 20.2.7A R.
(2) If the firm's periodic fee for the previous financial year was at least £50,000, the firm must pay:
(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 SUP 20.2.1 R relates; and
(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.
(3) 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 July in the financial year to which that sum relates.
(4) If a firm has applied to cancel its Part IV permission in the way set out in 6.4.5 (Cancellation of permission), then (2) and (3) do not apply but it must pay the total amount due when the application is made.
(5) If the FSA has exercised its own-initiative powers to cancel a firm'sPart IV permission in the way set out in ENF 5 (Cancellation of Part IV permission on the FSA's own initiative), then (2) and (3) do not apply but the firm must pay the total amount due immediately before the cancellation becomes effective.

SUP 20.2.7A

See Notes

handbook-rule

Table: specified payment methods

This table belongs to SUP 20.2.4 R and SUP 20.2.7 R

Groups of firms

SUP 20.2.8

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 SUP 20.2.1 R, if:
(1) it notifies the FSA in writing the name of each other firm within the group for which it will pay; and
(2) it pays the fees, in accordance with this chapter, as a single amount as if that were the amount required under SUP 20.2.1 R from the firm.

SUP 20.2.9

See Notes

handbook-guidance
A notification under SUP 20.2.8 R (1) should be made in accordance with SUP 15.7 (Form and method of notification).

SUP 20.2.10

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 SUP 20.2.8 R, the FSA will apply the sum received among the firms which have been identified in the notification given under SUP 20.2.8 R (1) in proportion to the amounts due from them. Each firm will remain responsible for the payment of the outstanding balance attributable to it.

SUP 20.2.11

See Notes

handbook-guidance
If a firm pays its fees through an agent outside the scope of SUP 20.2.8 R, it should ensure that the FSA is informed that the sum being paid is for that firm's periodic fees.

SUP 20.3

Information on which Fees are calculated

SUP 20.3.1

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 SUP 20 Annex 1) of each element of business on which the periodic fee payable by the firm is to be calculated.

SUP 20.3.2

See Notes

handbook-rule
A firm (other than the Society) must send to the FSA in writing the information required under SUP 20.3.1 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 SUP 20 Annex 1.

SUP 20.3.3

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.

SUP 20.3.4

See Notes

handbook-guidance
In most cases a firm will provide the information required by this section as part of its compliance with other 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).

SUP 20.3.5

See Notes

handbook-guidance
These information requirements are modified for incoming EEA firms and for incoming Treaty firms (see SUP 20.4.8 R).

SUP 20.4

Modifications

Modification for firms with new or extended permissions

SUP 20.4.1

See Notes

handbook-guidance
A firm which becomes authorised 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.

SUP 20.4.2

See Notes

handbook-guidance
Similarly a firm which extends its permission 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.

SUP 20.4.3

See Notes

handbook-guidance
These provisions apply (with some changes) to incoming EEA firms and incoming Treaty firms - see SUP 20.4.10 R.

SUP 20.4.4

See Notes

handbook-rule
A firm which becomes authorised, or whose permission is extended, during the course of the financial year must pay a fee which is calculated by:
(1) identifying each of the tariffs set out in Part 1 of SUP 20 Annex 2 for the relevant financial year that apply to the firm only after the permission is received or extended, but ignoring:
(a) the A.13 activity group if, before the variation, the A.12 activity group applied to the firm's business; or
(b) the A.12 activity group if, before the variation, the A.13 activity group applied to the firm's business;
(2) calculating the amount for each of those tariffs which is the higher of:
(a) the minimum fee specified for the tariff; and
(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 (or, where relevant, the number of approved persons immediately after the permission is given);
(3) adding together the amounts calculated under (2); and
(4) modifying the result as indicated by SUP 20.4.6 R.

SUP 20.4.5

See Notes

handbook-rule
A firm must pay any sum required under within 30 days of the receipt or extension of the permission, or if later the due date specified under SUP 20.2.7 R.

SUP 20.4.6

See Notes

handbook-rule

Table: Modification for additional fee

This table belongs to SUP 20.4.4 R

Modifications for incoming EEA firms and incoming Treaty firms

SUP 20.4.7

See Notes

handbook-guidance
The FSA recognises that its responsibilities in respect of an incoming EEA firm or of an incoming Treaty firm 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 and incoming Treaty firms are reduced.

SUP 20.4.8

See Notes

handbook-rule
For an incoming EEA firm or an incoming Treaty firm, the calculation required by SUP 20.2.4 R is modified as follows:
(1) the tariffs set out in Part 1 of SUP 20 Annex 2 are applied only to the regulated activities of the firm which are carried on in the United Kingdom; and
(2) those tariffs are modified in accordance with Part 3 of SUP 20 Annex 2.

SUP 20.4.9

See Notes

handbook-rule
For an incoming EEA firm or an incoming Treaty firm, the information required under SUP 20.3 (Information on which fees calculated) is limited to the regulated activities of the firm which are carried on in the United Kingdom.

SUP 20.4.10

See Notes

handbook-rule
In relation to an incoming EEA firm or an incoming Treaty firm the modification provisions of SUP 20.4.1 G to SUP 20.4.6 R inclusive apply only in relation to the relevant regulated activity of the firm which are passported activities or Treaty activities and which are carried on in the United Kingdom.

Firms cancelling or reducing the scope of their permission

SUP 20.4.11

See Notes

handbook-guidance
The FSA will not refund periodic fees if, after the start of the period to which they relate, a firm cancels its permission, or reduces its permission so that it then falls out of fee-block previously applied to it (but see GEN 3 (Relieving Provisions)).

SUP 20.4.12

See Notes

handbook-rule
(1) If:
(a) a firm makes an application to vary its permission (by reducing its scope), or cancel it, in the way set out in SUP 20.4.4 R (3) (Variation of permission) and 6.4.5 (Cancellation of permission); and
(b) the firm makes the application referred to in (a) before the start of the period to which the fee relates;
SUP 20.2.1 R applies to the firm as if the relevant variation or cancellation of the firm'spermission took effect immediately before the start of the period to which the fee relates.
(2) But (1) does not apply if, due to the continuing nature of the business, the variation or cancellation is not to take effect within three months of the start of the period to which the fee relates.

SUP 20.4.12A

See Notes

handbook-guidance
Where a firm has applied to cancel its Part IV permission, or the FSA has exercised its own-initiative powers to cancel a firm'sPart IV permission, the due dates for payment of periodic fees are modified by SUP 20.2.7 R (4) and SUP 20.2.7 R (5) respectively.

Firms acquiring businesses from other firms

SUP 20.4.13

See Notes

handbook-rule
(1) This rule applies if 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.
(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, SUP 20.4.1 G to SUP 20.4.6 R do not apply to A in relation to the business acquired from B.
(3) If the acquisition occurs after the valuation date applicable to the business which A acquired from B, for the period following that in which the acquisition occurred, SUP 20.2.1 R applies to A, in relation to that following period, as if the acquisition had occurred immediately before the relevant valuation date.

Minimum fee discount

SUP 20.4.14

See Notes

handbook-rule
(1) A firm (other than a firm in (2) or a credit union) in more than one fee block must pay at least 50% of the total minimum fee payable in any fee block in which it is a minimum fee payer.
(2) A firm (other than a credit union) liable to pay only minimum fees in each fee block it is in must pay 100% of the highest total minimum fee payable within any one fee block and must pay at least 50% of the total minimum fee payable in any other fee blocks in which it is a minimum fee payer.
(3) A credit union in more than one fee block must pay at least 50% of the total minimum fee payable in any fee block, other than fee block A1, in which they are a minimum fee payer.

SUP 20.5

Transaction reporting fees

SUP 20.5.1

See Notes

handbook-guidance
Firms which are required to report transactions under SUP 17 (Transaction reporting) may, in certain circumstances, use the FSA's Direct Reporting System (see SUP 17).

SUP 20.5.2

See Notes

handbook-guidance
The provision of this facility by the FSA incurs costs to it. Those costs depend upon the amount which the facility is used. Accordingly the income which the FSA receives from these transaction reporting fees will be set and accounted for separately from the fee block tariffs set out in SUP 20 Annex 3 R.

SUP 20.5.3

See Notes

handbook-rule
A firm which reports its reportable transactions to the FSA using the FSA's Direct Reporting System (see SUP 17) must pay the fees specified in Part 1 of SUP 20 Annex 3 R.

SUP 20.6

Periodic fees for certificates under article 54 of the Regulated Activities Order

SUP 20.6.1

See Notes

handbook-rule
A person who holds a certificate under article 54 of the Regulated Activities Order must pay to the FSA each periodic fee specified in Part 2 of SUP 20 Annex 3 R applicable to him.

SUP 20.6.2

See Notes

handbook-rule
A person must not make any deductions from the amount required under SUP 20.6.1 R.

SUP 20.6.3

See Notes

handbook-rule
The periodic fee is payable in respect of each period of one year (or any part of such period) during which the person holds the certificate.

Modifications for new holders

SUP 20.6.4

See Notes

handbook-rule
If a certificate is issued to a person under article 54 of the Regulated Activities Order during the course of a year, the periodic fee payable under SUP 20.6.3 R for that year is the amount specified in Part 2 of SUP 20 Annex 3 R modified in accordance with Table SUP 20.6.5 R.

SUP 20.6.5

See Notes

handbook-rule

Table: Modification of periodic fees for certificates This table belongs to SUP 20.6.4 R.

Time and method for payment

SUP 20.6.6

See Notes

handbook-rule
Each periodic fee must be paid to the FSA on or before:
(1) 30 April in that year; or
(2) If the certificate is issued during that year, the earlier of 30 days after the certificate is granted and the following 30 April.

SUP 20.6.7

See Notes

handbook-rule
The amount due must be paid using one of the payment methods specified in SUP 20.2.7A R.

SUP 20.6.8

See Notes

handbook-guidance
The FSA will issue invoices to the holders of certificates and expects to do so at least 30 days before the dates on which payments fall due.

SUP 20.7

Waiver application guidance fees regarding the Basel Capital Accord

SUP 20.7.1

See Notes

handbook-rule
(1) A firm submitting a first application for guidance on the availability of a waiver or concession in connection with future rules implementing the revised Basel Capital Accord (including any amendments), must pay to the FSA a fee applicable to it as specified in SUP 20 Annex 4 R.
(2) A firm submitting a second application for guidance described in (1) within 12 months of the first application made in accordance with (1) must pay 50% of the fee applicable to it under SUP 20 Annex 4 R, but only in respect of that second application.
(3) Any payment under (1) or (2) must be made on or before the date on which the application is made, in full and without any deduction.

SUP 20.7.2

See Notes

handbook-guidance
The FSA's power to charge in respect of guidance is derived from section 157(4)(c) of the Act. An application for guidance will not be considered by the FSA until the fee has been paid and the fee is non-refundable.

SUP 20.7.3

See Notes

handbook-guidance
A firm submitting third and subsequent applications for guidance described in SUP 20.7.1 R will be required to pay at the full rates specified in SUP 20 Annex 4 R in respect of those applications.

See Notes

handbook-rule
Activity groups, tariff bases and valuation dates applicable

SUP 20 Annex 2

Fee tariff rates, permitted deductions and EEA/Treaty firm modifications for the period from 1 April 2005 to 31 March 2006

See Notes

handbook-rule

SUP 20 Annex 3

Transaction reporting fees and Article 54 RAO certificate fees for the period from 1 April 2005 to 31 March 2006

See Notes

handbook-rule

SUP 20 Annex 4

Application fees for guidance on the Capital Requirements Directive for the period from 1 April 2005 to 31 March 2006

See Notes

handbook-rule