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Dec 24, 2015
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March April May June July August September
FCA Credit Regulation: the story so far
50,000 OFT licenceholders
apply for interim permission to
continue trading
FCA takes on
consumer credit
regulation
Wider FCA Handbook comes into force –
Threshold Conditions (COND); Principles for
Business (PRIN); Senior Management
Systems and Controls (SYSC); Dispute
Resolution (DISP)
New rulebook – CONC – comes into force on 1
April 2014
Business Plan announces thematic reviews of High Cost Short Term Credit and Debt
Management, a market study of Credit Cards and proactive supervision of Overdrafts
New HCSTC limits on rollovers and CPAs
come into force
Consultation on HCSTC price cap
Proactive firm visits begin, starting with Debt Management and Home Collected Credit
Scrutiny of consumer credit Financial Promotions begins
Authorisations application period for Principals
FCA publishes research on
Logbook Lenders and calls on the industry to clean
up its act
FCA publishes fees for 2014/15
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A new regulator, a new relationship
• Our expectation: firms should be compliant with all of our standards from 1 April and should have been adhering to OFT guidance before that
• Want to see genuine commitment to running a compliant business, with customer interests at its heart
• Firms that don’t seriously engage now with our standards won’t make it through authorisation
• Principle 11 – a different mode of engagement• Expect an open dialogue with firms - notify us when
things go wrong, and tell us how you’re going to fix it
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Our approach
FCA approach
Gateway is key
High minimum standards
Getting inside your business
Flexible for different size firms
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The journey for your firm
OFT regulation
FCA interim permission
FCA application
FCA authorisation
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Step 1
Now• If you want to
start offering consumer credit
Your application
period
• If you have interim permission
• If you miss this date, you will need to stop regulated credit activities
When to apply
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The difference between a permission and the consumer credit licence (CCL)• There’s no longer a licence, and no longer categories A,
B, C etc
• Your authorisation application is a fresh start and is unrelated to your CCL
• You apply for ‘Part 4A permission’: and have to choose full or limited permission
• You choice is based on the regulated activities you carry out (i.e. the type of business) :– Some activities mean you have to choose ‘full permission’ – Some activities will allow you to qualify for ‘limited permission’
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Step 2: How to decide your permission level
1• Look at what credit business
your firm does
2• See how it matches FCA
‘regulated activities’
3• Check whether those activities
mean full or limited permission
Pawnbroking will require Full permission
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Step 3: Prepare your application
• You will need to give us detailed information about your business
• You may need to prepare your supporting information now even if you plan to apply in several months’ time
• You should review our website to see what we will ask you to include, then start collating the information now
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Examples of what we will ask for
• Basic information about your firm• How your firm is set up, who works there• Who owns or influences your business
(controllers)• How you make your money (business plan)• How you make sure your business keeps to
our rules (compliance monitoring)• Financial information• Your firm’s history and any ‘significant
events’ we should know about
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Approved persons
• Our approach is to ensure senior management responsibility
• Having ‘approved persons’ is a key way to achieve this
• Senior individuals in your firm will need to apply to be your approved person, and prove they are fit and proper
• We will hold the person accountable
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Step 4: Apply
• Most firms apply using our Connect online system
• We have help text within Connect and guidance forms you can download on our website
• You may need to send in a paper form if you are already regulated by us for other things
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How much it costs to apply
• You will need to pay an application fee when you apply
• Your fee will be a calculation based on how complex we think your application is and your consumer credit income
• We have put all firms into different complexity categories based on what you do:– Limited permission– Straightforward: eg credit broker– Moderately complex: eg, lender– Complex: eg debt management company
Your credit income
Limited perm-ission
Straight-forward
Moderatelycomplex
Complex
Up to £50,000 £100 £600 £800 £1,000
£50-£100,000 £500 £750 £1,000 £1,250
£100-£250,000 £500 £1,000 £1,500 £2,000
£250,000-£1 m £500 £1,500 £5,000 £7,000
over £1 million £500 £5,000 £10,000 £15,000
Application fee breakdown
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• All authorised firms will appear on our register• Our enforcement team will seek out firms that
carry on credit business without permission
Ensuring a level-playing field
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Get Credit Ready• Lots of information to help you on the FCA website,
including: – decision tool to help firms work out whether they are
limited or full permission– full permission checklist and limited permission checklist to
run through what firms will need to prepare– jargon buster helpful to explain some of the terms we use– plus videos and FAQs on using the online application form
• Look out for emails with further information and your invite to participate in a webinar and ask questions directly.
• Change your details on fca.org.uk (search for “CCI”)• FCA stand here today – come and see us!