SYSC 1

Application and purpose

SYSC 1.1A

Application


[Note: ESMA has also issued guidelines under article 16(3) of the ESMA Regulation covering:


- various topics relating to automated trading and direct electronic access. See

and


- certain aspects of the MiFID suitability requirements which also deal with the system and control aspects of suitability. See http://www.esma.europa.eu/content/Guidelines-certain-aspects-MiFID-suitability-requirements.]

SYSC 1.1A.1

See Notes

handbook-guidance
The application of this sourcebook is summarised at a high level in the following table. The detailed application is cut back in SYSC 1 Annex 1 and in the text of each chapter.

SYSC 1.1A.1A

See Notes

handbook-guidance
Chapters 4 to 9 are not applicable to CRR firms (other than incoming firms).

SYSC 1.1A.2

See Notes

handbook-guidance
The provisions in SYSC should be read in conjunction with GEN 2.2.23 R to GEN 2.2.25 G. In particular:
(1) Provisions made by both the FCA and PRA may contain obligations for or references to FCA-authorised persons. GEN 2.2.23 R limits the application of those provisions so that the PRA will only apply them in respect of PRA-authorised persons and not to such FCA-authorised persons as are included within the provision.
(2) Provisions made by both the FCA and PRA may be applied by both regulators to PRA-authorised persons. Such provisions are applied by each regulator to the extent of its powers and regulatory responsibilities. This general principle also applies where the PRA have made rules in the PRA Rulebook for Solvency II firms which overlap with those in SYSC.
(3) For Solvency II firms, the FCA considers that the requirements and guidance in Chapters 2, 3, 12 to 18 and 21 of SYSC are not inconsistent with either:
(a) the parts of the PRA Rulebook implementing the governance provisions in the Solvency II Directive (articles 40 to 49) or
(b) the Solvency II Regulation (EU) 2015/35 of 10 October 2014 (articles 258 to 275).
In most cases, there is no direct overlap with those provisions because the SYSC requirements are directed at FCA conduct requirements not expressly covered by or under the Solvency II Directive. Where there is a direct overlap with SYSCrules and guidance, the FCA will take the Solvency II Directive derived requirements into account and will interpret the SYSCrules and guidance in a way that avoids inconsistency.

SYSC 1.2

Purpose

SYSC 1.2.1A

See Notes

handbook-guidance
The purposes of SYSC are:
(1) to encourage firms' directors and senior managers to take appropriate practical responsibility for their firms' arrangements on matters likely to be of interest to the PRA because they impinge on the PRA's functions under the Act;
(2) to encourage firms to vest responsibility for effective and responsible organisation in specific directors and senior managers; and
(3) to create a common platform of organisational and systems and controls requirements for all firms.

SYSC 1.4

Application of SYSC 11 to SYSC 21

What?

SYSC 1.4.1

See Notes

handbook-guidance
The application of each of chapters SYSC 11 to SYSC 21 is set out in those chapters and in SYSC 1.4.1A R and SYSC 1.4.1C R.

SYSC 1.4.1A

See Notes

handbook-rule
SYSC 12, SYSC 19A, SYSC 19D, SYSC 20 and SYSC 21 do not apply to a firm in relation to its carrying on of auction regulation bidding.

SYSC 1.4.1B

See Notes

handbook-guidance
Apart from SYSC 12, SYSC 19A, SYSC 19D, SYSC 20 and SYSC 21 which are disapplied by SYSC 1.4.1A R, the other chapters of SYSC 11 to SYSC 17 do not apply in relation to a firm's carrying on of auction regulation bidding because they only apply to an insurer. SYSC 18 provides guidance on the Public Interest Disclosure Act.

SYSC 1.4.1C

See Notes

handbook-rule

SYSC 11 to SYSC 21 do not apply to a credit union.

SYSC 1 Annex 1

Detailed application of SYSC