We summarise the rules that apply to firms in the temporary permissions regime (TPR) and fund operators in the temporary marketing permissions regime (TMPR).
On this page:
- Principles for Business
- Rules that apply to firms in the TPR that previously passported into the UK under Schedule 3 or Schedule 4 to FSMA
- Rules that apply to payment institutions, registered account information service providers and electronic money institutions that previously passported into the UK
- Rules that apply to fund operators in the TMPR
- The transitional power and application of legislative requirements to firms and investment funds in the TPR/TMPR
- More information
We have 11 Principles for businesses which are our rules setting out the main regulatory obligations and high-level standards that authorised firms must meet. Firms in the TPR must adhere to these Principles.
- Integrity – a firm must conduct its business with integrity.
- Skill, care and diligence – a firm must conduct its business with due skill, care and diligence.
- Management and control – a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems.
- Financial prudence – a firm must maintain adequate financial resources (only applies to firms in the TPR to the extent that the firm is subject to capital requirements – see GEN 2.2.30R in our Handbook.)
- Market conduct – a firm must observe proper standards of market conduct.
- Customers’ interests – a firm must pay due regard to the interests of its customers and treat them fairly.
- Communications with clients – a firm must pay due regard to the information needs of its clients and communicate information to them in a way which is clear, fair and not misleading.
- Conflicts of interest – a firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.
- Customers: relationships of trust – a firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement.
- Clients’ assets – a firm must arrange adequate protection for clients’ assets when it is responsible for them.
- Relations with regulators – a firm must deal with its regulators in an open and co-operative way and must disclose to the FCA anything relating to the firm of which the FCA would reasonably expect notice.
Firms should pay particular attention to Principle 11. It is important you let us know anything relating to your firm about which we would reasonably expect notice. For example, plans to grow/change your UK business, issues with your firm’s financial or operational resilience or changes in group structure or ownership.
If your firm contravenes one or more of these principles, you could face enforcement action and this could result in a fine, public censure or your firm’s temporary authorisation being suspended or removed.
Rules that apply to firms in the TPR that previously passported into the UK under Schedule 3 or Schedule 4 to FSMA
Once in the TPR these firms are treated as having a UK Part 4A permission. This means that they fall within the full scope of our supervision and rule-making powers and will, at all times, need to adhere to our Principles for Businesses (above) and follow the other relevant rules and guidance in our Handbook.
Our general approach to the rules in our Handbook
We explain our approach from GEN 2.2.26 onwards in our Handbook. In respect of their UK business, firms in the TPR must comply with:
- all FCA rules which applied to them when passporting into the UK (see GEN 2.2.26R(1))
- all FCA rules which implement a requirement of an EU directive – this is relevant if the rule applied to the firm’s home state and therefore did not apply when the firm was passporting into the UK (home state rules). Here we accept ‘substituted compliance’ in respect of these rules. This means that if your firm can demonstrate that it continues to comply with the equivalent home state rules in respect of its UK business (including where this is on a voluntary basis if the relevant rules have ceased to cover UK business), it will be deemed to comply with our rules (see GEN 2.2.26R(2))
- certain additional FCA rules which we believe are necessary to provide appropriate consumer protection or relate to funding requirements – for example, our Principles for Businesses; see below for further details of the other rules that apply (and see the list in GEN 2.2.37G(2))
Safeguarding client money and custody assets
To ensure client assets held by firms conducting investment business or insurance distribution are protected, and to enable us to effectively supervise firms in the TPR, we require that:
- firms report their client assets arrangements to us by email at [email protected]
- investment firms subject to MiFID II must provide us with an English translation of their client assets audit reports, either upon our request or on receipt of an ‘adverse’ audit report on the adequacy of the firm’s arrangements under its client assets obligations. This should be submitted to us by email at [email protected]
- firms disclose certain information to UK clients relating to the treatment of their client assets in the event of the firm’s failure. Firms must:
- disclose this to existing clients when they enter the regime, and in good time before safeguarding client assets for new clients
- among other things, make this disclosure in a durable medium that is not obscured or disguised by other information and ensure the disclosure is prominent among other information
- tied agents and appointed representatives of firms subject to MiFID II in the regime are prohibited from holding client assets
Full details of these requirements are set out at CASS 14.
Firms in the TPR must include specific status disclosure wording in letters (or electronic equivalents) to UK retail customers to indicate that the firm is in the TPR.
For full details of the wording, see GEN 4 Annex 1B Statutory status disclosure (TP firms). Please note that the wording to be used depends on whether your firm has a branch inb the UK or not.
Disclosure on compensation scheme coverage
We expect firms in the TPR to consider and communicate to their customers any material changes in home state investor compensation scheme coverage as a result of the UK’s withdrawal from the European Union. For example, where that coverage is removed from the UK activities of firms in the TPR.
We also expect firms in the TPR to provide, at a customer’s request, information concerning the firm’s inclusion (or not) in any compensation schemes, including the firm’s home state scheme.
There is more information on the guidance on this issue at paragraph 7.56 onwards in our Policy Statement PS19/5.
Senior Managers and Certification Regime
While in the TPR, firms with a UK branch should continue to comply with the requirements of the Senior Managers and Certification Regime (SM&CR) as it currently applies to EEA branches. There are no requirements in this area for firms in the TPR that were previously operating on a cross-border basis.
However, firms should take account of the SM&CR when considering plans to apply for full authorisation in the UK.
Rules that apply to payment institutions, registered account information service providers and electronic money institutions that previously passported into the UK
Once in the TPR, these firms will be regulated by us for their UK business. All firms have to comply with all their regulatory requirements, including our Principles for Businesses (above), at all times.
Firms must also ensure they meet all other relevant rules and guidance applicable to them.
If we identify firms that are failing to comply with our requirements, or the requirements of the TPR, we will take action to ensure customers are protected.
You can see which parts are relevant by reviewing our Approach document, paying attention to Chapter 3 – Authorisation and registration, Chapter 8 – Conduct of business requirements, Chapter 11 – Complaint Handling, Chapter 12 – Supervision and reviewing our dedicated website for EMIs and PIs.
See also the chapter on interpretation of our Handbook in our General Provisions section, GEN 2.2.36G in particular.
Operators, depositories and trustees of funds in the TMPR should continue to comply with the rules that applied to them at the end of the transition period. See GEN 2.2.32R.
The transitional power and application of legislative requirements to firms and investment funds in the TPR/TMPR
The Treasury provided the financial services regulators with a power to phase in post-transition period requirements, allowing flexibility for firms and investment funds to transition to a fully domestic UK regulatory framework.
Firms in the temporary permission and supervised run-off regimes (part of the financial services contracts regime) and investment funds in the TMPR are subject to our rules which are set out in our Handbook.
However, to the extent that the transitional power has been used to provide relief more generally (ie also to firms other than those in the TPR) in respect of any of rules with which firms and investment funds in the regime are expected to comply, this relief will also be available for firms and investment funds in the regime.
Please refer to our TTP pages for more detail and see the rules in our Handbook for TPR firms at GEN 2.2.26R onwards and in particular, GEN 2.2.27R(3) and (4) and GEN 2.2.33R(3).
To the extent that transitional relief has been provided in respect of obligations outside of our Handbook, this relief is also available for firms and investment funds in the regime because the TTP directions apply in principle to any person, but there is also the TP substituted compliance direction in Part 5 of our main TTP direction.
Under that direction, where a regulatory obligation outside of our Handbook applies for the first time following the end of the transition period because it relates to a matter previously reserved to the firm’s home state regulator, we allow substituted compliance with the equivalent obligation in the firm’s home state in the same way as for our Handbook rules, unless otherwise indicated. There is more information in the main FCA transitional directions.
We do not provide transitional relief for any of the rules which we have proposed specifically for firms or investment funds in the TPR.
For more detail see:
- Consultation Paper CP18/28
- Consultation Paper CP18/36
- Consultation Paper CP19/2
- Policy Statement PS19/5
- our rules in FCA 2019/36
You can also refer to the 4 Statutory Instruments passed by the Government which relate to the TPR: