Financial Services Authority Change of legal status Firms selling home finance and non-investment insurance contracts – financial resources form Full name of applicant firm e of legal status: Firms selling home finance and non-investment insurance contracts - financial resources form Important information you should read before completing this form The Notes that accompany this form will help you complete the questions and they also explain why we require the information we ask you for. Purpose of this form This supplement collects information that is specific to the type of business the applicant firm is applying for. You must ensure that you answer every question. If a question doesn't apply to the applicant firm, then answer it 'Not Applicable'. FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 1 Financial Resources Financial Resources Why we ask the questions in this section All authorised firms must meet certain financial requirements. We need to be satisfied that the applicant firm will meet these requirements from the date of authorisation and will continue to meet them. Client money The rules and guidance about how applicant firms hold client money are designed to provide an adequate level of protection for consumers. Money held as agent for an insurance company (i.e. on a risk transfer basis) is not client money under the appropriate regulator rules. Therefore where you have such an agreement you may still require us to impose a requirement not to hold client money. In relation to non-investment insurance contracts business these rules are in CASS 5: www.fshandbook.info/FS/html/handbook/CASS/5. Specifically, the applicant firm must ensure compliance with our minimum requirements for: • risk transfer – broadly speaking, where there are arrangements in writing that mean clients’ premiums held by the insurance intermediary are to be treated in law as having been paid to the insurance company; • segregating client money into a statutory trust (CASS 5.3); or • segregating client money into a non-statutory trust (CASS 5.4). 1.1 Does the applicant firm intend to hold client money? NoContinue to question 1.2 Yes, for mortgage and other home finance business onlyContinue to question 1.2 Yes, for non-investment business onlyGive details below about how the applicant firm intends to deal with the segregation of client money or assets. Yes, for both mortgage and other home finance and non-investment insurance contracts businessGive details below about how the applicant firm intends to deal with the segregation of client money or assets for its non-investment insurance contracts business. Statutory trust only Non-statutory trust Risk transfer Mix of risk transfer and statutory trust Mix of risk transfer and non-statutory trust 1.2 Which prudential categories apply to the applicant firm? As the applicant firm is intending to carry on mortgages and non-investment insurance contracts you must select a prudential category for each type of business. The prudential categories determine how much capital the applicant firm will need to hold. FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 2 Financial Resources Prudential category: Home finance intermediary that does not hold client money Main regulated activities: a) advising on regulated mortgage contracts. b) arranging (bringing about) regulated mortgage contracts. c) making arrangements with a view to regulated mortgage contracts. and/or; d) advising on a home reversion plan; e) arranging (bringing about) a home reversion plan; f) making arrangements with a view to a home reversion plan; and/or; g) advising on a home purchase plan; h) arranging (bringing about) a home purchase plan; i) making arrangements with a view to a home purchase plan. Requirement: Not to hold or control client money. Prudential Rule: Maintain net assets, the greater of: • £5,000; or • 2.5% of its annual net brokerage income if not holding client money or other client assets. Prudential category: Home finance intermediary that does hold client money Main regulated activities: a) advising on regulated mortgage contracts. b) arranging (bringing about) regulated mortgage contracts. c) making arrangements with a view to regulated mortgage contracts. and/or; d) advising on a home reversion plan; e) arranging (bringing about) a home reversion plan; f) making arrangements with a view to a home reversion plan; and/or; g) advising on a home purchase plan; h) arranging (bringing about) a home purchase plan; i) making arrangements with a view to a home purchase plan. Prudential Rule: Maintain net assets, the greater of: • £10,000; or • 5% of its annual net brokerage income. Please refer to MIPRU 4 for further details. FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 3 Financial Resources Prudential category: Insurance Intermediary that does not hold client money Prudential sub-category: not applicable Main regulated activities: a) advising on investments in relation to non-investment insurance contracts. b) arranging (bringing about) deals in investments in relation to non-investment insurance contracts. c) making arrangements with a view to transactions in investments in relation to non-investment insurance contracts. d) dealing as agent in non-investment insurance contracts. e) assisting in the administration and performance of a non-investment insurance contract. Requirement: Not to hold or control client money. Prudential Rule: Maintain net assets, the greater of: • £5,000; or • 2.5% of its annual net brokerage income if not holding client money or other client assets. Please refer to MIPRU 4 for further details. Prudential category: Insurance Intermediary that holds client money Prudential sub-category: not applicable Main regulated activities: a) advising on investments in relation to non-investment insurance contracts. b) arranging (bringing about) deals in investments in relation to non-investment insurance contracts. c) making arrangements with a view to transactions in investments in relation to non-investment insurance contracts. d) dealing as agent in non-investment insurance contracts. e) assisting in the administration and performance of a non-investment insurance contract. Requirement: None Prudential Rule: Maintain capital resources, the greater of: • £10,000; or • 5% of its annual net brokerage income if holding client money or other client assets. There is a capital requirement for insurance intermediaries wishing to segregate retail client money into a nonstatutory trust of £50,000, or if higher 5% of the firm's annual income from regulated activities. Please see Chapter 5 of the Client Asset Sourcebook (CASS) for further details. FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 4 Financial Resources 1.3 Which prudential category applies to the applicant firm? As the applicant firm falls into more than one category (see question 1.2) it must apply the category with the highest financial resource requirement. For example if mortgage and other home finance intermediary that does not hold client money and insurance intermediary (that holds client money for its non-investment insurance business only) categories apply to the applicant firm, it must apply the financial resource requirement of Insurance Intermediary (that holds client money for its non-investment insurance business only) Prudential category Financial resources This section asks how the applicant firm will meet its financial resource requirement. 1.4 Which type of firm is the applicant firm? Limited company Sole trader Partnership Limited liability partnership Other Please continue to question 1.5 Please continue to question 1.7 Please continue to question 1.8 Please continue to question 1.9 Please continue to question 1.11 Limited Company 1.5 You must state the amounts of the different sources of the applicant firm's capital Please Source Amount tick Fully paid-up ordinary shares Share premium account Preference shares (allowable if not redeemable within two years) (Audited) reserves * (Verified) interim net profits * Revaluation reserves Debt capital Subordinated loans Total * Audit may not be required if exempt under the Companies Act 1985 FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 5 Financial Resources 1.6 You must attach the following: Companies House form SH01 Attached Applicant firm not yet capitalised Continue to question 1.12 Sole trader 1.7 You must attach the following: Statement of personal assets and liabilities (see notes) Attached Statement of business assets and liabilities (see notes) Attached Continue to question 1.12 Partnership 1.8 You must attach the following: Statement of personal assets and liabilities (see notes) (one per partner) Attached Statement of business assets and liabilities (see notes) (one only) Attached Continue to question 1.12 Limited Liability Partnership 1.9 You must state the amounts of the different sources of the applicant firm's capital Please Source Amount tick Members' capital agreement Members' reserves Subordinated loan(s) Total FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 6 Financial Resources 1.10 You must attach the following: Members' capital agreement (see notes) Attached Continue to question 1.12 Other applicant firms 1.11 You must provide details of the applicant firm's constitution and the different sources of the applicant firm's capital. Sources of external funding Subordinated loans 1.12 Does the applicant firm have any subordinated loans? NoContinue to question 1.13 YesYou must give details below of any subordinated loans If there is more than one subordinated loan please use a separate sheet of paper. If you have used separate sheets of paper please indicate how many below. Number of additional sheets Name of loan provider Amount Date of agreement Nature of loan Repayment terms, including number of instalments and final payment date Interest payable FCA CoLS HFI Financial Resources Form % Release 1 April 2013 page 7 Financial Resources Other funding 1.13 Does the applicant firm have other external funding? NoContinue to question 1.14 YesYou must give details of other external funding If the applicant firm has external funding but has not drawn down on the external funding, you must still answer the questions below. If there is more than one source of external funding please use a separate sheet of paper if required. If you have used separate sheets of paper please indicate how many below. Number of additional sheets Name of funding provider(s) Amount Nature of funding Repayment terms, including number of instalments and final payment date Interest payable % Professional indemnity insurance (PII) Self certification This question asks you to confirm whether your firm complies with the prudential requirements in relation to professional indemnity insurance (PII). Authorised firms are required to ensure that they maintain compliant PII cover at all times. To complete this section you must have a quotation from a PII provider. 1.14 Will your firm have PII cover that complies with the minimum standards as set out in the Handbook (refer to MIPRU 3) from the date of authorisation? YesGo to 1.15 No You must provide an explanation in the box below I am exempt You must provide an explanation below as to why you believe your firm is exempt (NB: Please note that this exemption would apply to only a very limited number of firms; the vast majority of regulated firms are required to hold PII cover.). FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 8 Financial Resources 1.15 Details of cover* Insurer name Annual premium Limit of indemnity (single claim) Limit of indemnity (aggregate) Policy excess Increased excess(es) for specific business types: Business type: Amount: £ Business type: Amount: £ Business type: Amount: £ Amount of additional capital required for increased excesses(es) £ *You may be asked to confirm these details before we authorise your firm. Other documents 1.16 All applicant firms must provide the following: An opening balance sheet to demonstrate how the applicant firm will meet its financial resources requirement at the date of authorisation. Attached A forecast closing balance sheet for the first 12 months of trading. Attached A monthly cash flow forecast for the first 12 months of trading Attached A monthly profit and loss forecast for the first 12 months of trading. As a minimum, the profit and loss forecast must disclose the following on a monthly basis: a) gross income, analysed between regulated and un-regulated activities; b) business expenditure, relevant annual expenditure, analysis of the major overheads expenditure; and c) profit before taxation. Attached FCA CoLS HFI Financial Resources Form Release 1 April 2013 page 9