Temporary permissions regime

The temporary permissions regime will allow EEA firms using a passport to operate for a limited period while they seek authorisation from the PRA when the passporting regime falls away at the end of the transition period.

Introduction

Following the UK’s exit from the EU at 11pm on 31 January 2020, the UK entered the transition period agreed as part of the Withdrawal Agreement between the UK and EU. The transition period is due to end at 11pm on 31 December 2020. 

During the transition period EU law will continue to apply to the UK under the terms set out in the Withdrawal Agreement Act. Passporting rights for EEA firms will continue for the duration of the transition period.

Passporting rights will now cease at the end of the transition period. Once passporting rights cease, EEA firms currently operating through a passport in the UK under the existing European passport framework will require a Part 4A permission under the Financial Services and Markets Act (FSMA) to be able to continue carrying out regulated activities in the UK.

HM Treasury has legislated such that a Temporary Permissions Regime (TPR) will now take effect from the end of the transition period. The aim of the TPR is to allow firms that wish to continue carrying out business in the UK in the longer term to operate in the UK for a limited period after the passporting regime ends while they seek authorisation from UK regulators.

Under the TPR, a firm that is authorised to carry on regulated activities in the UK through Freedom of Establishment (FOE) or Freedom of Services (FOS) passporting can obtain a deemed Part 4A permission to carry on those activities for a maximum of three years from the end of the transition period, subject to HM Treasury’s power to extend the duration of the regime by increments of twelve months. A passporting firm that already has a top-up permission would obtain a deemed variation of that permission.

The deemed Part 4A permission means that a firm will continue to be an authorised person for the purpose of UK law. The deemed permission will cover those activities that the firm was permitted to carry on in the UK via passporting immediately before the end of the transition period.

The TPR will support the PRA and FCA’s aim of ensuring a smooth and orderly authorisation process, in support of our objectives. On that basis, we expect firms to engage with the regulators proactively during their time in TPR.

What this section contains

This section contains information on: 

  • Eligibility criteria and notification process for entry into the TPR
  • Exit from TPR
  • Extension of statutory deadlines
  • Regulatory requirements for firms in TPR
  • Threshold conditions for firms in TPR
  • Status disclosure to retail clients
  • Transitional relief for firms in TPR
  • Financial Services Compensation Scheme (FSCS) Protection and the TPR
  • Senior Managers and Certification Regime and the TPR
  • Solvency II approvals
  • Gibraltar firms
  • Fees in TPR
  • FMIs
  • Pure reinsurers

In addition to this update, firms are also encouraged to read the:

Eligibility criteria and notification process for firms to enter into the TPR

Update 31 January 2020:  

If your firm has already:

  • made (and not withdrawn) a valid notification to the PRA that it wishes to enter the TPR, or
  • submitted (and not withdrawn) an application for permission under Part 4A of FSMA (or for variation of an existing ‘top-up’ permission)

then you do not need to take further steps to inform the PRA of your firm’s intention to enter the TPR. (The validity of existing TPR notifications is not affected by the change to the start date of the TPR.)

If your firm has not taken the necessary steps to enter the TPR, it may still do so by submitting an application for permission under Part 4A of FSMA (or for variation of an existing ‘top-up’ permission) before the end of the transition period. It is no longer possible to make a notification in accordance with the PRA’s Direction (see 12 April 2019 update).

If your firm has made a TPR notification but no longer wishes to enter the TPR, you can email PRA.TPR@bankofengland.co.uk before the end of the transition period to inform the PRA that you are withdrawing your firm’s notification. If your firm withdraws its notification in writing before the end of the transition period then it will not enter the TPR. See the PRA Direction: Temporary permission and variation: withdrawal of notification before IP completion day, issued on 31 January 2020.)

  • 12 April 2019: *Please note, this update has been superseded – see 31 January 2020 update The deadline for a firm to notify the PRA that it wishes to enter the TPR has passed. The period for notifications set out in the PRA’s Direction (ie the PRA Direction: ‘Temporary permission and variation: notification before exit day’ 7 November 2018 as amended by the PRA Direction – ‘Temporary permission and variation: notification before exit day (amendment) 28 March 2019) ended on 11 April 2019. It is no longer possible to submit a notification in accordance with the PRA’s Direction.

    The validity of notifications made before the deadline is not affected. It also remains possible to withdraw a notification in writing before exit day if a firm wishes (see Update 22 March 2019 in ‘Previous updates’ below). A firm that submits an application for authorisation as a branch before exit day may still enter TPR (provided it is authorised to carry on a regulated activity in the UK under the passporting regime immediately before exit day). (‘Exit day’ has the meaning given in the European Union (Withdrawal) Act 2018, and is defined as 11pm on 31 January 2020.)

    Note: This update is relevant to firms for which the PRA is the ‘relevant regulator’ (see regulation 21(2) of SI 2018/1149). Firms for which the FCA is the ‘relevant regulator’ should consult the FCA’s website for information on the FCA’s requirements.

    11 April 2019: The period for notifications set out in the PRA’s Direction (ie the PRA Direction: ‘Temporary permission and variation: notification before exit day’ 7 November 2018 as amended by the PRA Direction – ‘Temporary permission and variation: notification before exit day (amendment) 28 March 2019) will end today, 11 April 2019. The PRA does not intend to further extend the notification period. We will issue a further update on 12 April 2019. Note: This update is relevant to firms for which the PRA is the ‘relevant regulator’ (see regulation 21(2) of SI 2018/1149). Firms for which the FCA is the ‘relevant regulator’ should consult the FCA’s website for information on the FCA’s requirements.

    Update 28 March 2019: *Please note, this Direction is no longer effective – see 12 April 2019 update* The PRA Direction: Temporary permission and variation: notification before exit day (amendment) made by us today extends the deadline for notification for firms that wish to enter into the temporary permissions regime (TPR). Firms that choose to enter the TPR by notifying the PRA should make their notification using the form available on the FCA Connect system before the end of 11 April 2019. If you are unable to access Connect, please email PRA.TPR@bankofengland.co.uk or call 020 3461 7000. There will be no fee for notifying to enter the TPR, and entry to the TPR will be confirmed by email.

    Update 26 March 2019: *Please note, this update has been superseded – see 12 April 2019 update* The current deadline for notification for firms and funds that wish to enter into the temporary permissions regime is 28 March 2019. However, the European Council and the UK Government have decided on a short delay to the process of the UK’s withdrawal from the EU.

    In light of this decision, we intend to extend the notification window for the temporary permissions regime until the end of 11 April 2019.

    We will update this page with further information, including the Direction giving effect to this extension, in due course.

    Update 22 March 2019: *Please note, this update has been superseded – see 31 January 2020 update If you are a firm that has submitted a TPR notification but no longer wish to enter the TPR, you can email PRA.TPR@bankofengland.co.uk before exit day to inform the PRA that you are withdrawing your firm’s notification. If you are a firm that withdraws your notification in writing before exit day then your firm will not enter the TPR. (See the supplementary PRA Direction: Temporary permission and variation: notification before exit day issued on 22 March 2019.)  

    EEA firms that were passporting prior to exit day and do not enter the TPR may enter the Financial Services Contracts Regime (FSCR) automatically on exit day if they require authorisation in the UK to continue servicing their contracts. Please see our FSCR webpage for more information.

    Update 7 January 2019: *Please note, this Direction is no longer effective – see 12 April 2019 update* *Please note, this Direction was amended on 28 March 2019 – see the update above.* As set out in the PRA Direction made on 7 November 2018, firms that choose to enter the TPR by notifying the PRA should make their notification using the form available on the FCA Connect system between 7 January 2019 and 28 March 2019. The TPR Notification form on the FCA Connect system is now available. If you are unable to access Connect, please email PRA.TPR@bankofengland.co.uk or call 020 3461 7000. There will be no fee for notifying to enter the TPR, and entry to the TPR will be confirmed by email.

    To be eligible for entry into the TPR, you must be authorised to carry on a regulated activity in the UK under the EU passporting regime at the point of exit.  

    To enter the TPR you will need to inform the relevant regulator of your intention to enter into the regime, you can inform us either by

    If you are a firm that currently passports into the UK and you have a top-up permission, you will also need to inform us that you wish to enter the TPR to ensure that the part of your permission that relies on passporting continues. Top-up firms will need to follow the same approach as other firms that wish to enter the TPR, either by notifying us in accordance with the PRA Direction, or by submitting a Part 4A authorisation application before exit day. 

    The legislation does not enable firms that have not applied for Part 4A authorisation before exit day, or notified by exit day, to enter the TPR.  

    Following its commitment in December 2017 to lay additional legislation to ensure contractual obligations not covered by the TPR continue to be met, on 17 December 2018 the Government published the Financial Services Contracts Regime (FSCR) SI. This legislation, subject to the final draft being approved by both Houses of Parliament, will establish the Supervised Run-Off (SRO) and Contractual Run-off  (CRO) mechanisms. These will serve as a back-stop to the temporary permissions regime (TPR) by allowing firms that do not enter the TPR, or leave it without the necessary permissions, to service their pre-existing contracts for a limited period at the end of the transition period. Please refer to the Financial Services Contracts Regime webpage for further information.

    If you have any questions about the entry process for the TPR then please speak to your usual supervisory contact, where you have one, or email PRA.TPR@bankofengland.co.uk or call us on 020 3461 7000. 

 

Following its commitment in December 2017 to lay additional legislation to ensure contractual obligations not covered by the TPR continue to be met, on 28 February 2019 the Financial Services Contracts Regime (FSCR) SI was made law. This legislation establishes the Supervised Run-Off (SRO) and Contractual Run-off (CRO) mechanisms. These will serve as a back-stop to the temporary permissions regime (TPR) by allowing firms that do not enter the TPR, or leave it without the necessary permissions, to service their pre-existing contracts for a limited period at the end of the transition period. Please refer to the Financial Services Contracts Regime webpage for further information.’

Exit from TPR

A firm’s deemed permission in TPR can end:

  • when your application for Part 4A permission is determined – either approved or rejected
  • when we exercise our own initiative power to cancel the deemed permission (or, if you are a firm with a deemed variation, to vary the permission so there are no longer any activities covered by the deemed variation).  This includes our use of the power – provided to us in the TPR legislation - to cancel your deemed Part 4A permission under TPR if you do not submit an application within the first two years of TPR; or 
  • 3 years from the end of the transition period (extendable by HM Treasury by 12 month increments). 

If your Part 4A authorisation application is rejected after you enter into the TPR, you will be expected to run-off your existing UK regulated activity and you will be placed in the FSCR regime to allow you to wind down your UK business in an orderly manner. We note the Government’s commitment in December 2017 available in ‘Financial Services Update: Written statement – HCWS382’.

If you are a firm in TPR with a deemed Part 4A permission and wish to undertake further regulated activities beyond the scope of your deemed Part 4A permission, you will need to submit an application to vary your permission.

Extension of statutory deadlines

The legislation that delivered the TPR has also temporarily extended statutory time limits for UK regulators to process authorisation applications from EEA passporting firms from six months (for complete applications) and twelve months (for incomplete applications) to three years from the end of the transition period. 

The extension of statutory deadlines takes effect immediately and applies to existing applications (including ones where the statutory deadline would have expired before the end of the transition period) as well as those submitted after the making of the TPR legislation. The extension of statutory deadlines will allow us and the FCA to manage the volume of authorisation applications associated with EU withdrawal in a smooth and orderly manner, in support of our statutory objectives, including during the transition period as necessary.

Regulatory requirements for firms in TPR

As noted in the Bank’s news release in July 2018, we will have the same powers in relation to firms in TPR as for other firms with a Part 4A permission. These include powers to impose requirements, and to vary or revoke permissions. Firms will be subject to the same obligations and supervisory framework as if they were a Part 4A authorised firm.   

Firms in TPR with an establishment in the UK will be required to comply with the same rules that apply to other third country branches (subject to any applicable transitional relief). These are available to view in the PRA Rulebook.

For firms in TPR without a branch in the UK (cross border service providers) a more limited set of rules will apply. These are:

i. Rules that would already apply to third country firms even if they did not have a UK branch (including rules in the Fundamental Rules, Auditors, Change in Control, Close Links, Fees, General Provisions, Information Gathering, Interpretation, Notifications and Use of Skilled Persons Parts of the PRA Rulebook)

ii. Certain FSCS rules (as set out in the FSCS section below)

iii. The Senior Managers and Certification requirements that apply to third country branches (with amendments - see SM&CR section).

As currently written, the definition of non-Directive insurer would capture insurers in TPR operating in the UK without a branch. The PRA will amend the definition so that it does not capture those firms after the end of the transition period. In other words, those firms will not fall under the non-Directive insurer definition. Instead, the set of rules noted above will apply for those firms.

Threshold Conditions for firms in TPR

Firms are not required to demonstrate that they satisfy Threshold Conditions (TCs) in order to enter into the TPR and receive a deemed Part 4A permission under the TPR. However, like other Part 4A authorised firms, if you are in TPR you will be required to notify us if you become aware (or have information that reasonably suggests) that you have failed to satisfy one or more TCs, may have done so, or may do so in the foreseeable future. If it appears to us that you are in the TPR and are failing, or likely to fail, to satisfy the TCs, it will be open to us to take appropriate action, including using our powers to impose requirements or to restrict or cancel your firm’s deemed Part 4A permission.

In order for the PRA to approve an application for Part 4A permission it must be satisfied that a firm satisfies, and will continue to satisfy, the TCs. This requirement applies to firms whose applications are being considered while they are in the TPR as to all other firms.

Status disclosure to retail clients

Firms in TPR are required to include specific status disclosure wording in their communications with retail clients, both written and electronic, to indicate that they are in the regime. However, subject to any update of the transitional power, the PRA is granting firms in TPR a 3 month transitional relief in respect of the requirement to use specific, bespoke wording for their status disclosures to retail customers. During those three months of transitional relief firms would be able to use either the existing wording for EEA firms or the new prescribed wording.

Transitional relief for firms in the TPR 

During the transition period, EU law continues to apply in the UK and temporary transitional powers are not in force. This section will be updated as appropriate. 

Firms entering the TPR may find it challenging to comply immediately after the end of the transition period with some requirements in our rules that will apply to them for the first time.

Therefore, subject to any update of temporary transitional powers, the PRA will provide transitional relief in relation to certain aspects of the following third country requirements:

Duration of transitional relief Third country branch requirements Firms to which transitional relief applies
First performance year starting on or after the date falling 3 months after the end of the transition period Remuneration rules where they go beyond CRD IV requirements:
  • Deferrals
  • Clawbacks
  • Buyouts
  • Risk adjustment
  • Personal Investment Strategies

Firms in TPR

Ex-passporting firms that have gained Part 4A authorisation

3 months Status disclosure requirements to retail customers Firms in TPR
6 months Solvency II qualitative reporting – ORSA and RSR reports in respect of branch operations excluding information related to the branch SCR and branch MCR.
15 months Bank branch level P&L reporting (No transitional relief to be provided for TC bank branches liquidity reporting and bank annual report and accounts)
Calculation of branch solvency and minimum capital requirements for insurance branches:
  • Branch SCR and branch MCR calculations
  • Localisation and deposit of branch assets representing the branch MCR or branch SCR
  • Branch scheme of operations that relate to the branch MCR and branch SCR, branch Technical Provisions or branch Own Funds
  • Branch technical provisions or branch own funds
  • Aspects of the Conditions Governing Business rules that relate to the branch MCR, branch SCR, branch Technical Provisions or branch Own Funds
  • Aspects of the Investments rules that relate to the branch MCR, branch SCR, branch Technical Provisions or branch Own Funds
Solvency II quantitative reporting
Solvency II qualitative reporting information which is related to the branch SCR and branch MCR
Composites rules relating to calculation of notional minimum capital requirement

Please note that we expect insurance firms to comply with branch security deposit requirements (PRA rulebook for Insurers, Third Country Branches 3.3).

Financial Services Compensation Scheme (FSCS) Protection and the TPR

This section sets out the FSCS rules that would apply at the end of the transition period in the absence of further changes to reflect any new agreement on the future relationship between the EU and UK.

Deposits

Deposit-takers in the TPR with a UK establishment would automatically become members of the FSCS and would be required to comply immediately with the Depositor Protection Part of the PRA Rulebook (including the UK’s depositor awareness and notification requirements, Single Customer View (SCV) requirements, and payment of levies). For example, firms would be subject to the requirements to provide an SCV file to the FSCS within three months of becoming a TPR firm, and within 24 hours of a request by the PRA or FSCS. No transitional relief would be available for these requirements. SS18/15 ‘Depositor and dormant account protection’ has been updated to describe the PRA’s expectations.

Protection for eligible deposits held by these UK establishments would begin to be provided by the FSCS at the end of the transition period. FSCS protection would not extend to deposits held by deposit-takers in the TPR without a UK establishment or deposits which are not held by a UK establishment.

More information is available in PS5/19.

Update 13 September 2019: Continuity of access rules –waiver by consent

Deposit-takers entering the TPR or SRO with establishments in the UK in which they hold deposits would be subject to the Depositor Protection Part of the PRA Rulebook (DPP) at the end of the transition period. This waiver by consent is available in relation to such firms and exempts a firm from particular provisions of the DPP, specifically the Continuity of Access rules (DPP 13.4-13.8 inclusive) and from the related Continuity of Access reporting requirements (DPP 15.2-15.4 inclusive and 15.7). Inbound freedom of services firms holding deposits outside the UK are not subject to the Depositor Protection Part, so do not need to request the waiver. 

The ATLAS Team can be contacted at:

PRA-Waivers@bankofengland.co.uk

or 

ATLAS Team
Prudential Regulation Authority
20 Moorgate
London
EC2R 6DA 

All available waivers and modifications can be found on the Authorisations – Waivers and modifications of rules page.

Insurance

TPR insurers would be ‘relevant persons’ for purposes of the Policyholder Protection Part of the PRA Rulebook and these firms would be required to pay FSCS levies in respect of new and existing policies that are protected by the FSCS. No transitional relief would be available. Currently, EEA insurers conducting insurance activities in the UK using freedom of services or freedom of establishment passports are within scope of FSCS protection for insurance policies.

Policies issued prior to the end of the transition period that were FSCS protected policies would continue to be protected for as long as the TPR insurer remains a ‘relevant person’ under FSMA.  If an insurer is no longer a ‘relevant person’ under FSMA through the available authorisation mechanisms, policyholders would lose FSCS protection for acts or omissions (insured events) that occur after the loss of ‘relevant person’ status.

For policies issued or re-issued after the end of the transition period through a UK establishment of a TPR firm, policies must relate to a risk or commitment situated in the UK, Channel Islands, Isle of Man or Gibraltar in order to be protected. New policies relating to EEA risks would not be protected. 

For policies issued or re-issued after the end of the transition period through an EEA establishment of a TPR firm, only UK risks would be FSCS protected (new policies relating to EEA, Channel Island, Isle of Man or Gibraltar risks would not be protected). Policies issued through an EEA establishment are only eligible for FSCS protection where the firm does not yet have a UK establishment (eg where a TPR insurer in the process of setting up a UK establishment issues policies through an EEA establishment after the end of the transition period).  

This means that if a TPR insurer already has an establishment in the UK when it is in the TPR (eg it enters the TPR in respect of both freedom of services and a freedom of establishment business), FSCS protection would be available for policies that the TPR insurer issues after the end of the transition period from the UK establishment. Any policies that the TPR insurer issues through the EEA establishment after the end of the transition period will not be eligible for FSCS protection.  

More information is available in PS5/19 and Appendix 2 ‘PRA Rulebook (EU Exit) Instrument 2019’ in Annex BA ‘Policyholder Protection’. 

FCA activities

The FCA is responsible for rules relating to FSCS protection for the following activities: investment provision, investment intermediation, insurance intermediation, debt management and home finance intermediation.  For more information about the FCA’s intended approach for FSCS cover for firms in the TPR, please refer to the FCA Consultation Paper CP18/29: ‘Temporary permissions regime for inbound firms and funds’.

Senior Managers and Certification Regime and the TPR

Update 7 January 2019: We published a note that clarifies the interaction between the PRA’s and FCA’s proposals for applying the Senior Managers and Certification Regime (SM&CR) to firms in the TPR. In particular, this note includes a set of Frequently Asked Questions (FAQs) on how the two sets of proposals would apply to dual-regulated, EEA firms currently operating in the UK via an establishment passport through a branch (‘EEA branches’).

Compliance with the PRA’s requirements under the Senior Managers and Certification Regime (SM&CR) will not be a pre-condition of entry into the TPR. 

All firms in the TPR (including cross-border service providers) will be required to have an individual approved to perform the Head of Overseas Branch function (SMF19). In some circumstances the PRA Rulebook requires third country branches also to have persons approved to perform other PRA Senior Management Functions (SMFs) (eg Chief Risk function (SMF4) or With-Profits Actuary function (SMF20a)). Where those circumstances arise for firms in the TPR (including cross-border service providers), they will be required to have persons approved to perform the relevant additional SMFs.

The PRA is not applying all the PRA Prescribed Responsibilities (PR) for third country branches to firms in TPR. Instead the following will apply:

  • the existing Prescribed Responsibility for “compliance with the UK regulatory system applicable to the firm”. This applies to all firms in the TPR. (It does not include compliance with any PRA requirements for which transitional relief has been granted until such relief expires); and
  • a bespoke, new Prescribed Responsibility for managing the process of obtaining such permission (including, without limitation, the completion and submission of the firm’s application and providing the PRA with such co-operation and with all accurate and up to date information and assistance that it may reasonably require in order to determine whether the requirements for authorisation have been met).’ This PR will be used to clarify accountability for firm specific actions which firms may be asked to undertake during the transition to third county branch.  This PR should be allocated to individuals with deemed approval as Head of Overseas Branch (SMF19) for firms in TPR.

The new PR applies to those firms which applied for Part 4A authorisation as a third-country branch, only for the duration of the application process. If the firm obtains authorisation, then the full list of PRA PRs will apply to the firm.  If the firm withdraws its application or fails to obtain such authorisation as a third country branch and is placed into Supervised Run Off (SRO), then the SM&CR requirements for firms in SRO will apply.

The statutory instrument establishing the TPR amends FSMA and allows the PRA and FCA to treat individuals as if they were approved to perform an SMF while their firms are in the TPR, if those firms have submitted an application under section 60 of FSMA on their behalf (‘Section 60 applications’).

The PRA may give these deemed approvals to individuals performing any SMF. If you are a firm currently operating in the UK through an EEA branch, your population of PRA SMFs may already be approved by the FCA as EEA Branch Senior Managers (SMF21) but you will need to make new section 60 applications to the PRA for individuals performing PRA SMFs while in the TPR.  

This deeming operates as follows:

  • Where firms have submitted a Part 4A permission application accompanied by the relevant full SMF applications in advance of entry into TPR, the PRA (with the FCA’s consent) can decide to treat the individuals as approved with effect from entry into TPR. Individuals will not be required to undergo the standard PRA fitness and propriety assessment to be eligible for deemed approval.
  • Firms that have not submitted full SMF applications prior to entry into TPR will need to complete and submit application form(s) (‘TPR SMF Application’) containing key information on the individual(s) they propose to perform SMFs while they remain in the TPR. They will also need to complete and submit the related Statement of Responsibilities form. After receiving a TPR SMF Application the PRA (with the FCA’s consent) can decide to treat the relevant individual as approved.  Individuals will not be required to undergo the standard PRA fitness and propriety assessment to be eligible for deemed approval. Firms should ensure that they submit the relevant Senior Managers and Certification Regime forms within six weeks from the end of the transition period to enable individuals to obtain a deemed approval by 12 weeks from the end of the transition period.

Other requirements under the SM&CR will apply to individuals with deemed approval, including the Conduct Rules and Senior Manager Conduct Rules.

More broadly, PRA SMFs in firms which submit (either prior to their entry into TPR or during TPR) a Part 4A authorisation application will undergo a full fit and proper assessment by the PRA/FCA (including interviews at either regulator’s discretion). PRA approval, (with the FCA’s consent), will be subject to the outcome of such assessments. Firms should not treat a deemed approval as an SMF as an indication that we and/or the FCA are satisfied as to that individual’s fitness and propriety to perform that or any other SMFs on a permanent basis.

Certification Regime and Regulatory References

PRA regulated firms operating in the UK through an EEA branch are also currently subject to the Certification Regime under the FCA’s rules (in respect of any relevant UK-based employees) and will remain so if they enter into the TPR. They will also become subject to the PRA’s Certification rules (which do not give rise to additional substantive obligations). The Certification Regime became effective for insurers, including those operating in the UK through an EEA branch on 10 December 2018 but insurers had 12 months from that date to complete the first round of annual certifications (see Strengthening accountability page 22 November 2019 update).

The PRA's and FCA’s requirements on regulatory references apply to all dual-regulated firms, including (under FCA rules) deposit-takers and insurers currently operating in the UK through an EEA branch (in respect of their UK-based SMFs, Senior Insurance Manager Functions (SIMFs) and, where applicable, Certified employees, Notified NEDs and Key Function Holders (KFHs)). This will remain the case if and when any of these firms enter into the TPR.

The Certification Regime and Regulatory References will apply to firms without a UK establishment currently operating in the UK through a FOS passport which enter into the TPR.

The PRA’s Conduct Rules will apply to SMFs with deemed provisional approval and employees subject to the PRA’s Certification rules (ie UK Material Risk Takers (MRTs)) from the moment their firm enters into the TPR. Individuals in firms operating in the UK through an EEA branch and currently subject to the FCA’s Conduct Rules will remain subject to those requirements while their firms are in TPR. They will also become subject to the PRA’s Conduct rules (which do not give rise to additional obligations).

Solvency II approvals

Eligible EEA insurers that had relevant SII approval(s) from an EEA regulator prior to entering the TPR will be deemed to have been granted corresponding approval by the PRA while the insurer remains in the TPR. Deemed approval will be granted by the PRA with respect to regulations listed in the TPR SI.

Gibraltar firms

Update 21 February 2019: In January 2019 HM Treasury laid a statutory instrument  before Parliament which allows for the continuation of Gibraltarian firm's deemed passporting rights. It is expected that this statutory instrument will complete its parliamentary process in time for being made law by exit day.

The Government issued a statement on 8 March 2018 where it committed to guaranteeing Gibraltar financial services firms access to UK markets as now until 2020, and to working closely with the Government of Gibraltar to design a replacement framework to endure beyond 2020. Consequently firms headquartered and authorised in Gibraltar that conduct regulated activities in the UK through their deemed passport under Schedule 3 of FSMA will be able to continue to operate in the UK without the need to join the TPR.

Fees

You will not pay a notification fee if you notify us of your intention to enter the TPR. 

However, if you are an EEA passporting firm without a top-up you will be required to pay the new authorisations fee of £25,000 on submission of an application for authorisation, in accordance with our and the FCA’s fees rules. 

If you are an EEA passporting firm with a top-up you will be required to pay a fee of £12,500 on submission of an application to vary your existing Part 4A permission, in accordance with our and the FCA’s Fees rules.

FMIs

If you are a CCP requiring authorisation and seeking information on the Temporary Recognition Regime (TRR), please see Information on the effect of the UK’s withdrawal from the EU on FMI supervision.

 

Pure reinsurers

Update 7 January 2019: EEA pure reinsurers operating in the UK and intending to notify their intention to enter the TPR, but who do not have access to the FCA Connect system should contact the PRA. If you are unable to access Connect, please email PRA.TPR@bankofengland.co.uk or call 020 3461 7000. There will be no fee for notifying to enter the TPR, and entry to the TPR will be confirmed by email.

This page was last updated 06 February 2020
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