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CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

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FCA 2013/XX<br />

Annex B<br />

Amendments to the Senior Management Arrangements, Systems and Controls<br />

sourcebook (SYSC)<br />

In this Annex, underlining indicates new text and striking through indicates deleted text<br />

except where indicated otherwise.<br />

Part 1: Comes into <strong>for</strong>ce on 1 January 2014<br />

4.1 General organisational requirements<br />

4.1.1 R<br />

…<br />

(2) A BIPRU firm and a third country BIPRU firm must comply with the<br />

Remuneration Code. [deleted]<br />

[Note: article 22(1) of the Banking Consolidation Directive article 74(1) of<br />

<strong>CRD</strong>, article 13(5) second paragraph of MiFID and article 12(1)(a) of the<br />

UCITS Directive]<br />

4.1.1C R A BIPRU firm and a third country BIPRU firm must comply with the BIPRU<br />

Remuneration Code.<br />

4.1.2 R For a common plat<strong>for</strong>m firm, the arrangements, processes and mechanisms<br />

referred to in SYSC 4.1.1R must be comprehensive and proportionate to the<br />

nature, scale and complexity of the risks inherent in the business model and<br />

of the common plat<strong>for</strong>m firm's activities and must take into account the<br />

specific technical criteria described in SYSC 4.1.7R, SYSC 5.1.7R, SYSC 7<br />

and (<strong>for</strong> a BIPRU firm and a third country BIPRU firm <strong>for</strong> a firm to which<br />

SYSC 19A applies) SYSC 19A.<br />

…<br />

[Note: article 22(2) of the Banking Consolidation Directive article 74(2) of<br />

<strong>CRD</strong>]<br />

4.1.2AB R Where SYSC 4.1.2R applies to a BIPRU firm, it must take into account the<br />

specific technical criteria described in SYSC 19C.<br />

…<br />

Mechanisms and procedures <strong>for</strong> a BIPRU firm<br />

4.1.3 R A BIPRU firm must ensure that its internal control mechanisms and<br />

administrative and accounting procedures permit the verification of its<br />

compliance with rules adopted in accordance with the Capital Adequacy<br />

Directive at all times.<br />

[Note: article 35(1) final sentence of the Capital Adequacy Directive]

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