Stuff you need to know, with some of the hard work taken out:
Posted on: 03 Aug 2012 by James Farmer

In our continued effort to lessen your workload and to enable you to concentrate more on your clients, here’s your handy broken down guide to the latest FSA Publications:

Solvency II and Linked Long Term Insurance BusinessDiscussion Paper    Ref: DP 12/2

 

Of interest to life insurance firms and friendly societies that write unit-linked business or have existing books of unit-linked and index-linked business. Also to financial advisers and consumers with long-term polices and consumer groups

 

The Paper sets out the responses that the FSA received to Consultation Paper (CP) 11/23 in 2011, and it sets out the regulator’s proposals for changes to both the rules and the guidance on the operation of unit-linked and index-linked insurance policies, to ensure that they comply with the requirements of Solvency II.

 

Specific areas tackled included:

  • •         Removing redundant and overlapping prudential requirements covered in Solvency II;
  • •         maintaining rules specifically related to conduct regulation;
  • • Replacing the current list of assets in COBS 21.3 with SOLPRU 7 and a revised COBS 21.2 for institutional policyholders
Payments to Platform Service Providers and Cash Rebates from Providers to ConsumersConsultation Paper   Ref: CP12/12

27th June 2012   44 pages

 

The Consultation Paper sets out the FSA’s policy proposals and draft rules for the Handbook, following last year’s Policy Statement PS11/9, which said that it would be desirable, in principle, to ban payments by product providers to platforms and cash rebates to consumers.

 

The FSA is seeking views on

  • Preventing platforms in both the advised and non-advised market from being funded by product providers. Platforms would only be remunerated through a platform charge agreed and paid  by the consumer.
  • Banning cash rebates from product providers to consumers using platforms on a non-advised basis.

 

Consultation period ends 27th September

 

 
Quarterly Consultation Paper No.33Consultation Paper   Ref: CP12/11

6th June 2012   107 pages

 

Topics include amendments:

  • To the advanced measurement approach (AMA), giving firms guidance on how to communicate AMA extensions and changes (Chapter 2);
  • To the rules on the calculation of counterparty credit risk exposure values for financial derivatives, securities financing transactions and long settlement transactions in the Prudential sourcebook for Banks, Building Societies and Investment Firms (BIPRU) (Chapter 3);
  • To implement the latest review by the European Commission on amounts laid down in the Insurance and Reinsurance Directive (Chapter 4);
  • To the Professional Firms sourcebook, removing a rule allowing authorised professional firms under five designated professional bodies to carry out non-mainstream regulated activity (NMRA) without being subject to rules from those bodies (Chapter 5);
  • To give the FSA powers to consider applications to become recognised auction platforms (Chapter 6);
  • To extend applications in Chapter 5 of the Listing Rules sourcebook (LR) and to modify the annual notification requirement for sponsors in LR 8 (Chapter 7);
  • To the implementation date of Chapter 14.4 of the Conduct of Business sourcebook (COBS) and the insertion of a new Glossary definition (Chapter 8).

 

Consultation details are set out individuality within each Chapter

Independent and Restricted AdviceFinalised Guidance Ref: FG 12/16

6th June 2012  18 pages

 

This detailed guidance, consisting of two PDF documents, follows on from the final rules which were published in March 2010 in Policy Statement 10/6.

 

From 31 December 2012, firms providing advice on retail investment products to retail clients will need to describe these services as either ‘independent’ or ‘restricted’, and the FSA has also updated the rules that set out what is expected of a firm that describes its advice as being independent.

 

The finalised guidance paper includes a 16 page summary of common questions that have been raised by firms during the run-up to RDR.

Product Projections, Transfer Value Analysis and Statutory Money Purchase IllustrationsConsultation Paper  Ref:CP 12/10

31st May 2012            46 pages

 

This Consultation Paper (CP) is a joint consultation between the FSA and the Financial Reporting Council (FRC). As well as updating the assumptions to be used for non-MiFID product projections and transfer value analysis (TVA), the proposed changes are designed to make our rules for personal pensions more consistent with the FRC assumptions

 

Of interest to life assurers and personal pension providers, and to firms that advise on personal pensions, transfer value analysis software providers,  and employee benefit consultancies.

 

The FSA is consulting on:

  • Updating the mortality assumption to be used when illustrating a personal pension;
  • Introducing a separate Consumer Prices Index (CPI) assumption for TVA when benefits under a defined benefit pension scheme are compared with the possible benefits under a personal pension scheme; and
  • Changes to the investment return assumptions (projection rates) in the Conduct of Business sourcebook (COBS).

The FRC is consulting on possible changes to the assumptions used for Statutory  Money Purchase Illustrations, to make them more consistent with the FSA assumptions in COBS (amended as proposed by the FSA in the fourth chapter of the CP).

 

Consultation period ends 29th June (Chapter 2) and 31st August (Chapters 3 and 4) Responses to Chapter 5 should be sent direct to the FRC

FSA Fee-Raising Arrangements and Regulatory Fees and Levies 2012/13Policy Statement  Ref: PS 12/11

29th May 2012  214 pages

 

Of interest to all authorised firms and other bodies that pay fees to us and levies to the Financial Services Compensation Scheme (FSCS), the Financial Ombudsman Service (FOS) and the Money Advice Service, as well as potential applicants for FSA authorisation and listing by the UK Listing Authority.

 

Contains reports on the final 2012/13 FSA periodic fees, Financial Ombudsman Service (FOS) general levy and Money Advice Service levies consulted on in CP12/3; and also on the final policy changes consulted on in CP12/3.

Also includes feedback on CP12/3 and ‘made rules’

 

Deposit Protection: Raising Consumer AwarenessPolicy Statement  Ref: PS 12/10

28th May 2012  30 pages

 

Of interest to all deposit takers operating in the UK, including banks, building societies and credit unions.And also to consumers and consumer representative groups

 

Contains final rules arising from Consultation Paper 11/29 – ‘Deposit Protection: Raising Consumer Awareness’.

 

The FSA aims to ensure that consumers are aware of the protection their deposits with banks, building societies and credit unions will enjoy if the deposit taker fails, and to set out the limits of that protection.

 

To complement and strengthen existing compensation disclosure requirements aimed at raising consumer awareness, the FSA has strengthened the disclosure requirements. Specifically, it now requires deposit takers to prominently display stickers and posters in branches and on websites (in electronic form) explaining the compensation arrangements.

 

UK Implementation of Amending Directive 2010/73/EU – Simplifying the EU Prospectus and Transparency DirectivesPolicy Statement  Ref: PS 12/9

25th May 2012  56 pages

 

This PS summarises the responses received by HM Treasury and the FSA  to CP11/28, which discussed  the UK implementation of changes to the EU Prospectus and Transparency Directives.

 

The policy process needed to be implemented into national legislationby 1 July 2012; accordingly, the document contains the FSA’s ‘near-final’ rules.

 

Of interest to issuers and their professional advisers, and also to consumers and investors.

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