FCA—APR controlled functions for benchmark administrators and appointed representatives
FCA—APR controlled functions for benchmark administrators and appointed representatives

The following Financial Services guidance note provides comprehensive and up to date legal information covering:

  • FCA—APR controlled functions for benchmark administrators and appointed representatives
  • The APR and the SM&CR
  • The FCA’s power to specify a controlled function
  • Which FCA controlled functions are applicable?
  • FCA controlled functions under the APR
  • FCA governing functions: CF1–5
  • Significant management function: CF29
  • Customer function: CF30
  • Applications for approval
  • Notifications of changes
  • more

The Senior Managers and Certification Regime (SM&CR) and the Approved Persons Regime (APR) are the UK regulators’ framework for regulating individuals working in financial services. For most firms in the UK, the SM&CR has replaced the APR, however, for benchmark administrators that do not undertake any other regulated activities, and for appointed representatives, the APR framework, set out in FSMA 2000, Part V, continues to apply. In December 2020, the Senior Managers Regime and the Conduct Rules will replace the APR in relation to benchmark administrators, however, the APR will continue to apply to appointed representatives.

Regulatory approval is required for any individual who performs one or more activities, called ‘controlled functions’, for an authorised firm. Controlled functions are functions that relate to carrying out regulated activities. Examples include customer functions, being a director of a regulated firm, acting as a senior manager, and proprietary trading. A person approved to perform a controlled function must know and meet the FCA’s regulatory requirements, as well as understand how the FCA applies them. This Practice Note considers those controlled functions relevant to firms which remain subject to the APR. The FCA has confirmed that it will continue to process applications for controlled functions under the APR for these firms.

The APR and the SM&CR

Following the 2008 banking crisis and significant conduct failings such