Mortgages and Home Finance: Conduct of Business Sourcebook Schedule 1 Record keeping requirements
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1 Mortgages and Home Finance: Conduct of Business Sourcebook Schedule 1 Sch 1.1 G The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record keeping requirements. Sch 1.2 G It is not a complete statement of those requirements and should not be relied on as if it were. Sch 1.3 G MCOB 1.2.9CR (1) A high net worth Evidence of satisfac- When it Three mortgage of defini of is used years high net worth or from mortgage obtained when obtained or, if later, used MCOB 1.2.9CR (2) A high net worth Written statement When it Three mortgage confirming the cus- is used years tomer is a high net or from worth mortgage obtained when obtained or, if later, used MCOB 1.2.9D R A loan solely for a Business plan When it Three business purpose is used years or from obtained when obtained or, if later, used Release 24 Feb MCOB Sch 1/1
2 MCOB 1.2.9E R A professional Evidence of satisfac- When it Three of defini of is used years professional or from obtained when obtained or, if later, used MCOB 4.4A.23 G Disclosures Appropriate records When As reof disclosures re- disclos- quired quired by sec ure by SYSC 9 MCOB 4.4A MCOB R Notice of can- A record of the fact When Three cella that notice has been the firm years given (including the first beoriginal notice in- comes strucs and a aware copy of any receipt that noof notice issued) tice has been served MCOB Sch 1/2 Release 24 Feb 2018
3 MCOB 4.7A.25R (1)(a) Suitability of regu- Customer informa- When Three lated mortgage obtained for advice years s the purposes of as- given sessing suitability of a regulated mortgage MCOB 4.7A.25R (1)(b) Suitability of regu- An explana of When Three lated mortgage why the firm has advice years s concluded its advice given is suitable MCOB 4.7A.25R (1)(c) Rolling-up of fees or The 's pos- When Three charges into loan itive choice to add choice years fees or charges to the sum advanced MCOB 4.8A.18R (1)(a) Execu-only sales Informa pro- The Three of regulated mort- vided by the cus- date a years gage s tomer about the reguregulated mortgage lated mort- gage was into or arranged he wishes to purchase. MCOB 4.8A.18R (1)(b) Execu-only sales The warning to the The Three of regulated mort- in a dur- date a years gage s able medium re- regugarding his lack of lated protec of the mortrules on assessing suitability gage was into or arranged MCOB 4.8A.18R (1)(c) Execu-only sales The 's con- The Three of regulated mort- firma of his pos- date a years gage s itive elec to pro- reguceed with an execu-only sale lated mortgage was into or arranged MCOB 4.8A.18R (1)(d) Execu-only sales Details of advice The Three of regulated mort- rejected. date a years gage s regulated mortgage was Release 24 Feb MCOB Sch 1/3
4 into or arranged MCOB 4.8A.18R (3) Execu-only sales The firm's policy for When One of regulated mort- managing execu- the pol- year gage s -only sales icy is from when the policy is changed MCOB B R Execu-only sales Informa pro- The Three of home purchase vided by the cus- date a years plans tomer about the home home purchase plan purhe wishes to pur- chase chase; the warning plan to the in a was durable medium re- garding his lack of into or protec of the arranged rules on assessing suitability; the 's confirma of his positive elec to proceed with an execuonly sale. The firm's policy for When One managing execu- the pol- year -only sales icy is from when the policy is changed MCOB R (1)(a) Suitability of home Customer informa- When Three purchase plans obtained for advice years the purposes of as- given sessing suitability of a home purchase plan MCOB R (1)(b) Suitability of home An explana of When Three purchase plans why the firm has advice years concluded its advice given is suitable MCOB R (1)(c) Advice on home pur- Any advice rejected, When Three chase plans including the advice years reasons rejected and given details of any home purchase plan the has proceeded with as an execu-only sale MCOB R Customer informa- Customer informa- The Five ye on which an as- on his income, date on ars, or sessment of the af- expenditure, re- which one year fordability and ap sources, needs, ob- the firm after the MCOB Sch 1/4 Release 24 Feb 2018
5 propriateness for a jectives and indi- assessed end of regulated sale and vidual circumstances suitability the fixed rent back agreement term of was based the tenancy agreement, if later MCOB R Each illustra a The Key facts illus- The One firm issues to a cus- tras (KFI) issued date the year tomer where the cus- applies for tomer that particular regu- applies lated mortgage for the particular regulated mortgage MCOB R Each KFI retained Detail of: the date The One the KFI was issued; date the year the date on which custhe ap- tomer plied for the regu- applies lated mortgage con- for the tract; and the me- particudium through which lar the KFI was issued regulated mortgage MCOB 5.9.2R Each pre-sale A record of the The The disclosure main terms of the date on longer regulated sale and which of a rent back the dis- period agreement closure of one is year from the end of the fixed term of the tenancy or five years from the date of the disclosure MCOB 5.9.8R Provider informa A record of the con- The The tact details of the date on longer provider, making it which of one clear whether it is a the year, or SRB agreement pro- regu- one year vider or an unau- lated from the Release 24 Feb MCOB Sch 1/5
6 thorised SRB agree- sale and end of ment provider rent the fixed back term of medi- the tena ancy unactivity der the is car- reguried on lated sale and rent back agreement MCOB 6.4.3R(1) Offer document Each offer docu- The One ment issued to the date on year which the firm issues the offer document to the MCOB 6.4.3R(2) Tariff of charges A copy of the tariff The One of charges issued date on year with, or as part of which the offer document the firm issues the tariff of charges to the MCOB 6.4.3R(3) Supplemental in- Informa ex- The One forma relating to plaining that rights date on year mortgage credit associated with a which cards tradial credit the firm card do not apply, issues the informa to the MCOB R Each written pre-of- A record of the The The fer document (Stage main terms of the date on longer One) required under proposed regulated which of a MCOB 6.9.3R sale and rent back the period agreement docu- of one ment is produced year from the end of the fixed term of the tenancy under the regu MCOB Sch 1/6 Release 24 Feb 2018
7 lated sale and rent back agreement or five years from the date of the written preoffer document MCOB R Each written offer A record of the con- The The document for sign- tents of the docu- date on longer ing (Stage Two) re- ments and the cool- which of a quired under MCOB ing-off period the period R (1) docu- of one ment is produced year from the end of the fixed term of the tenancy under the regulated sale and rent back agreement or five years from the date of the written offer document MCOB 7.4.2R Start of The amount of the The One disclosure first and subsequent date on year payments; the date which and method of col- the firm lec of the first issues and subsequent pay- the inments; details of in- formasurance products to and any repayment the vehicle purchased through the firm, of the first premium payable and whether this is to be collected with the mortgage payment; detail of the repay- Release 24 Feb MCOB Sch 1/7
8 ment method, and if interest only a reminder to the to maintain a suitable repayment vehicle; what to do if the account falls into arrears; informa about linked borrowing or savings available and whether or not overpayments or underpayments are permitted. MCOB 8.3.1R(1) Notice of can- A record of the fact When Three cella that notice has been the firm years given (including the first beoriginal notice in- comes strucs and a aware copy of any receipt that noof notice issued) tice has been served MCOB 8.5A.19R (1)(a) Suitability of equity Customer informa- When Three release transacs obtained for advice years the purposes of as- given sessing suitability of an equity release transac MCOB 8.5A.19R (1)(b) Suitability of equity An explana of When Three release transacs why the firm has advice years concluded its advice given is suitable MCOB 8.5A.19R (1)(c) Advice on equity re- Any advice rejected, When Three lease transacs including the advice years reasons rejected and given details of any regulated mortgage the has proceeded with as an execu-only sale MCOB 8.5A.19R (1)(d) Rolling-up of fees or The 's pos- When Three charges into loan itive choice to add choice years fees or charges to the sum advanced MCOB 8.6A.9 R Execu-only sales Informa pro- The Three of equity release vided by the cus- date a years transacs tomer about the home equity release trans- purac he wishes to chase purchase; the warn- plan ing to the was in a durable me MCOB Sch 1/8 Release 24 Feb 2018
9 dium regarding his lack of protec of the rules on assessing suitability; the 's confirma of his positive elec to proceed with an execu-only sale; any advice from the firm which the rejected, including the reasons why it was rejected. into or arranged MCOB 9.3.1R Each illustra a The keyfacts illustra- The One firm issues to a cus- s (KFI) issued date the year tomer where the cus- applies for tomer that particular equity applies release transac for the particular equity release transac MCOB 9.3.1R Each KFI retained Detail of: the date The One the KFI was issued; date the year the date on which custhe ap- tomer plied for the equity applies release transac; for the and the medium particuthrough which the lar KFI was issued equity release transac MCOB 9.5.2R Offer document Each offer docu- The One ment issued to the date on year which the firm issues the offer document to the MCOB 9.5.2R Tariff of charges A copy of the tariff The One of charges issued date on year with, or as part of which the offer document the firm issues the tariff of charges Release 24 Feb MCOB Sch 1/9
10 to the MCOB 9.5.2R Supplemental in- Informa ex- The One forma relating to plaining that rights date on year mortgage credit card associated with a which tradial credit card do not apply the firm issues the informa to the MCOB R Start of dis- The amount of the The One closure where inter- first and subsequent date on year est payments are payments; the date, which required frequency and the firm method of collec- issues of the first and the insubsequent pay- formaments; the net to amount the cus- the tomer will receive where interest is deducted from income and the method by which this will be paid; details of insurance products purchased through the firm, of the first premium payable and whether this is to be collected with the mortgage payment; confirma that the lifetime mortgage is on an interest-only basis and details of how the firm expects the capital to be repaid; what to do if the account falls into arrears; informa about linked borrowing or savings available and whether or not overpayments or underpayments are permitted. MCOB 9.6.1R Illustras required A copy of the illus- When One on event-driven tras issued for the il- year changes to the further advances re- lustra quiring authoris- s is a; rate switches issued and the removal or MCOB Sch 1/10 Release 24 Feb 2018
11 addi of a party to the MCOB R Start of dis- The amount of the The One closure for a draw- first and subsequent date on year down mortgage with payments; the date which fixed payments to of issue and method the firm the of the payment of issues the first and sub- the insequent payments; fortails of insurance to products purchased the through the firm, and of the first and subsequent premiums and the method and date of collec; details of how the firm expects the capital and interest to be paid; informa about linked borrowing or savings available and whether or not repayments are permitted MCOB R Start of dis- Where the The One closure for a draw- can choose the fre- date on year down mortgage quency of the pay- which without fixed pay- ment, details of the the firm ments to the limitas on fre- issues quency and amount the inof payments; where formapayments can vary to for any other the reasons, details of the amount of the first payment and how subsequent payments can vary; the method by which payments will be ; details of insurance products purchased through the firm, and of the first and subsequent premiums and the method and date of collec; details of how the firm expects the capital and interest to be paid; informa about linked borrowing or savings available and Release 24 Feb MCOB Sch 1/11
12 whether or not repayments are permitted MCOB R Start of dis- Confirma if ap- The One closure where a lump propriate that no date on year sum payment to the payments are re- which is quired and details the firm and interest is rolled of how the firm ex- issues up pect capital and in- the interest to be paid; if formapayments are to be to, the amount, the frequency and method of collec of the first and subsequent payments; what to do in the case of arrears; details of insurance products purchased through the firm, and of the first and subsequent premiums and the method and date of collec; details of how the firm expects the capital and interest to be paid; informa about linked borrowing or savings available and whether or not repayments are permitted MCOB R (1) to Responsible lending Steps taken to com- When The MCOB R (4) and financing ply with rules includ- regu- term of ing: informa lated the taken into account mort- in each affordability gage or plan assessment; in rela- to interest-only or home mortgages, the purreasons for the offer chase decision, evidence plan (or relating to the cus- varitomer's repayment a) is strategy, details of the firm's attempts into, or to contact the cus- the midtomer and the out- term recome of each mid- view term review; in- takes forma relating place to the extension of the term of bridging loans which are nei MCOB Sch 1/12 Release 24 Feb 2018
13 ther with a high net worth mortgage nor or a secured overdraft solely for a business purpose MCOB R (6)(a) Transial ar- The outstanding bal- When For the rangements ance on the existing new term of the or vari- regua is lated mort- gage or home purchase plan into MCOB R (6)(b) Transial ar- The cost of repairs When For the rangements or maintenance new term of work to the the property or vari- regua is lated mort- gage or home purchase plan into MCOB R (6)(c) Transial ar- Any product fee or When For the rangements arrangement fee fin- new term of anced by any addi- the al borrowing or or vari- reguincrease in finance a is lated mort- gage or home purchase plan into mort- gage or home purchase plan into MCOB R (6)(d) Transial ar- The raale for When For the rangements each decision to en- new term of ter into or vary a the under or vari- regu- MCOB 11.7 a is lated Release 24 Feb MCOB Sch 1/13
14 MCOB R (7) Responsible lending The firm's policy, set- When For so and financing policy ting out the factors the pol- long as it will take into ac- icy is any count in assessing a regu's ability to pay the sums due lated mortgage or home purchase plan to which it was applicable remains outstanding MCOB R Dealings with cus- Details of all The Three tomers with a pay- dealings with the date of years ment shortfall, or (including the from the with a sale shortfall a recording of all dealing date on telephone conver- which sas which dis- the recuss any arrears or cord is any amount subject to payment shortfall charges); informa relating to any repayment plan; date of issue of any legal proceedings; arrangements for sale of a repossessed property; and the basis of any tailored informa where the loan is for a business purpose. MCOB Sch 1/14 Release 24 Feb 2018
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