On 3 March 2021, the FCA published the following webpages:
- Supervising firms in the TPR. This webpage provides a brief summary of how the FCA supervises firms in the temporary permissions regime (TPR). In particular, it reminds firms in the TPR that in some cases different rules apply when compared to when they were passporting into the UK – for example, rules in relation to safeguarding client money or custody assets, or status disclosure. The webpage also notes that there will be different reporting requirements and firms will receive contact from FCA supervisors that they may not have received in the past. Firms are also reminded that they need to contact the FCA proactively, for example because of Principle 11 which requires that a firm deals with its regulators in an open and cooperative way, and must appropriately disclose to the FCA anything relating to the firm for which the FCA would reasonably expect notice.
- Landing slots for firms in the TPR. Now that the TPR is in the force, the FCA has started to email formal directions to firms in the TPR confirming their ‘landing slot’. This is the period when the firm can apply: (i) for full (non-temporary) Part 4A permission; and (ii) to vary their Part 4A permission if it has a UK top-up permission. The direction will specify when a firm must submit its application for permission. This can be no earlier than the opening date and no later than the closing date. The webpage also includes some FAQs including whether it’s possible for a firm to change its landing slot.
- Cancelling a temporary permission. This webpage summarises how a firm may cancel a temporary permission if it is in the TPR or the supervised run-off regime.