PROFESSIONAL INDEMNITY INSURANCE (LIMITS OF INDEMNITY) INSTRUMENT 2009

Similar documents
PENSION SCHEMES (RESTRICTIONS ON EARLY EXIT CHARGES) INSTRUMENT 2016

PACKAGED BANK ACCOUNTS INSTRUMENT 2012

CAPITAL RESOURCES AND PROFESSIONAL INDEMNITY INSURANCE REQUIREMENTS FOR PERSONAL INVESTMENT FIRMS INSTRUMENT 2009

DISCLOSURE RULES AND TRANSPARENCY RULES SOURCEBOOK (STATUTORY AUDIT AMENDING DIRECTIVE) INSTRUMENT 2016

COMPENSATION SOURCEBOOK (DEPOSIT GUARANTEE SCHEMES DIRECTIVE AMENDMENTS) (NO 2) INSTRUMENT 2010

LIMITED LIABILITY PARTNERSHIPS INSTRUMENT 2006

MORTGAGES AND HOME FINANCE (MISCELLANEOUS AMENDMENTS) INSTRUMENT 2016

LISTING RULES AND DISCLOSURE AND TRANSPARENCY RULES (MISCELLANEOUS AMENDMENTS) INSTRUMENT 2016

PROSPECTUS DIRECTIVE AMENDING DIRECTIVE INSTRUMENT 2012

FUTURE SERVICE RESTRICTIONS INSTRUMENT A. The Financial Conduct Authority makes this instrument in the exercise of:

CAPITAL REQUIREMENTS DIRECTIVE IV (CAPITAL BUFFERS) INSTRUMENT 2014

CREDIT UNIONS SOURCEBOOK (AMENDMENT NO 8) INSTRUMENT 2016

STAKEHOLDER PENSION DECISION TREES (AMENDMENT NO 2) INSTRUMENT 2007

CONDUCT OF BUSINESS SOURCEBOOK (RETIREMENT GUIDANCE GUARANTEE) INSTRUMENT 2015

Policy Statement PS7/14. Clawback. July 2014

BENCHMARKS REGULATION (AMENDMENT) INSTRUMENT 2018

NOTES FOR COMPLETION OF THE RETAIL MEDIATION ACTIVITIES RETURN ( RMAR )

HANDBOOK ADMINISTRATION INSTRUMENT (NO 1) Powers exercised by the Board of the Prudential Regulation Authority (PRA)

INTEGRATED REGULATORY REPORTING (AMENDMENT NO 13) INSTRUMENT 2012

COLLECTIVE INVESTMENT SCHEMES SOURCEBOOK (USE OF FINANCIAL DERIVATIVE INSTRUMENTS FOR UCITS) INSTRUMENT 2005

OCCUPATIONAL PENSION SCHEME FIRM (CONDUCT OF BUSINESS AND ORGANISATIONAL REQUIREMENTS) INSTRUMENT 2017

HANDBOOK ADMINISTRATION (NO 33) INSTRUMENT 2014

Future regulatory treatment of CCA regulated first charge mortgages

FSA UNRESTRICTED 2010

APPROVED PERSONS REGIME (MERGING THE CUSTOMER FUNCTIONS) INSTRUMENT 2007

RETAIL DISTRIBUTION REVIEW (ADVISER CHARGING NO 4) INSTRUMENT 2012

LIQUIDITY STANDARDS CONSEQUENTIALS INSTRUMENT 2015

COLLECTIVE INVESTMENT SCHEMES SOURCEBOOK (WINDING UP AND SUB-FUND TERMINATION AND MISCELLANEOUS AMENDMENTS) INSTRUMENT 2011

COLLECTIVE INVESTMENT SCHEMES (SINGLE PRICING AND DILUTION) INSTRUMENT 2002

FEES (CONSUMER FINANCIAL EDUCATION BODY LEVY) INSTRUMENT 2017

LISTING RULES (ANNUAL FINANCIAL REPORT) INSTRUMENT 2013

FINANCIAL SERVICES COMPENSATION SCHEME (FUNDING REVIEW) INSTRUMENT 2013

Appendix 1.8. PRA RULEBOOK: GLOSSARY INSTRUMENT (No. 3) 2015

CROWDFUNDING AND THE PROMOTION OF NON-READILY REALISABLE SECURITIES INSTRUMENT 2014

CONSUMER CREDIT (CREDIT BROKING) INSTRUMENT 2014

No.38. Handbook Notice. November Financial Conduct Authority

PRODUCT INTERVENTION (CONTINGENT CONVERTIBLE INSTRUMENTS AND MUTUAL SOCIETY SHARES) INSTRUMENT 2015

ADVISING ON INVESTMENTS (ARTICLE 53(1) OF THE REGULATED ACTIVITIES ORDER) (CONSEQUENTIAL AMENDMENTS) INSTRUMENT 2017

MONEY MARKET FUNDS INSTRUMENT 2011

PRA RULEBOOK: CRR FIRMS: REPORTING LEVERAGE RATIO INSTRUMENT 2015

CONDUCT OF BUSINESS SOURCEBOOK (PENSION ANNUITY COMPARATOR) INSTRUMENT 2017

FCA PRUDENTIAL TRANSITIONAL DIRECTION

INSURANCE DISTRIBUTION DIRECTIVE INSTRUMENT 2018

CONDUCT OF BUSINESS AND CLIENT ASSETS (LIFETIME INDIVIDUAL SAVINGS ACCOUNT) INSTRUMENT 2017

HANDBOOK ADMINISTRATION (DATA PROTECTION) INSTRUMENT 2018

Purpose of these Notes. Terms in the Form. Contents of this form

PRA RULEBOOK: REGULATORY REPORTING INSTRUMENT [YEAR]

PRA RULEBOOK: CRR FIRMS: OPERATIONAL CONTINUITY INSTRUMENT 2016

INTEGRATED REGULATORY REPORTING (AMENDMENT NO 8) INSTRUMENT 2010

TRADING VENUES INSTRUMENT 2017

PRA RULEBOOK: USE OF SKILLED PERSONS INSTRUMENT 2014

INDIVIDUAL ACCOUNTABILITY (EXTENSION OF SCOPE) AND WHISTLEBLOWING (AMENDMENT) INSTRUMENT 2016

FINANCIAL CONGLOMERATES AND OTHER FINANCIAL GROUPS INSTRUMENT 2004

Appendix 3 relating to Part 1: Draft BTS EU Exit Instruments

PENSION PROJECTIONS INSTRUMENT 2002

PRA RULEBOOK: SOLVENCY II FIRMS: LLOYD S INSTRUMENT 2015

OVER-THE-COUNTER DERIVATIVES, CENTRAL COUNTERPARTIES AND TRADE REPOSITORIES INSTRUMENT 2013

CONDUCT OF BUSINESS (INITIAL PUBLIC OFFERING RESEARCH) INSTRUMENT 2017

PRA RULEBOOK: CRR FIRMS: IFRS 9 REGULATORY REPORTING INSTRUMENT 2017

PRA RULEBOOK: CRR FIRMS, NON CRR FIRMS AND NON AUTHORISED PERSONS: DEPOSITOR PROTECTION AND DORMANT ACCOUNT SCHEME (AMENDMENT No. 6) INSTRUMENT 2015

PRA RULEBOOK: SOLVENCY II FIRMS: COMPOSITES INSTRUMENT 2015

MORTGAGE MARKET REVIEW (CONDUCT OF BUSINESS) INSTRUMENT 2012

TRANSPARENCY OBLIGATIONS DIRECTIVE (DISCLOSURE AND TRANSPARENCY RULES) INSTRUMENT 2006

Reader's Guide: An introduction to the Handbook

SUPERVISION MANUAL (AMENDMENT NO 8) INSTRUMENT 2002

APPENDIX 1 PRA 2015/92

ADVISING ON INVESTMENTS (ARTICLE 53(1) OF THE REGULATED ACTIVITIES ORDER) (PERIMETER GUIDANCE) INSTRUMENT 2018

Financial Services Authority. Handbook Notice 81

Appendix 1: Milestones

LIQUIDITY REPORTING (MISCELLANEOUS AMENDMENTS) INSTRUMENT 2011

FUNDS OF ALTERNATIVE INVESTMENT FUNDS INSTRUMENT 2010


PRA RULEBOOK: CRR FIRMS: LARGE EXPOSURES AMENDMENT INSTRUMENT 2018

CONDUCT OF BUSINESS SOURCEBOOK (PENSION TRANSFERS) INSTRUMENT 2018

ALTERNATIVE INVESTMENT FUND MANAGERS DIRECTIVE (PRIVATE PLACEMENT AND REGISTRATION FEES AND MISCELLANEOUS DIRECTIONS) INSTRUMENT 2013

Prudential sourcebook for Mortgage and Home Finance Firms, and Insurance Intermediaries. Chapter 3. Professional indemnity insurance

COMPLAINTS HANDLING AND CALL CHARGES INSTRUMENT 2015

Interim Prudential sourcebook: Investment Business. Chapter 13. Financial Resources Requirements for Personal Investment Firms

Handbook Notice No.55

PRA RULEBOOK: CRR FIRMS, NON CRR FIRMS AND NON AUTHORISED PERSONS: DEPOSITOR PROTECTION (AMENDMENT No. 2) INSTRUMENT 2015

PRA RULEBOOK: CRR FIRMS: LEVERAGE RATIO INSTRUMENT 2015

FEES (CONSUMER FINANCIAL EDUCATION BODY LEVY) INSTRUMENT 2018

UNFAIR CONTRACT TERMS REGULATORY GUIDE INSTRUMENT 2007

MONEY MARKET FUNDS REGULATION INSTRUMENT 2018

PRA RULEBOOK: SOLVENCY II FIRMS: RUN-OFF OPERATIONS INSTRUMENT 2015

SECTION A: Balance Sheet

TOTAL CURRENT ASSETS RR0086 RR0117

Energy Market Participants

Oil Market Participants

Appendix G Retail Mediation Activities Return (RMAR) top tips

PRA RULEBOOK: SOLVENCY II FIRMS: OWN FUNDS INSTRUMENT 2015

The PRA Rulebook: Part 3

SUPERVISION MANUAL (INTEGRATED REGULATORY REPORTING OF LIQUIDITY FOR BANKS, BUILDING SOCIETIES AND INVESTMENT FIRMS) INSTRUMENT 2009

INSURANCE: NEW CONDUCT OF BUSINESS SOURCEBOOK INSTRUMENT 2007

Amendments to the Collective Investment Schemes Regulatory Guide (COLLG)

PRA RULEBOOK: SOLVENCY II FIRMS: SOLVENCY CAPITAL REQUIREMENT - GENERAL PROVISIONS INSTRUMENT 2015

Modification By Consent for a Hybrid Lifetime Mortgage

PRA RULEBOOK: SOLVENCY II FIRMS, NON-SOLVENCY II FIRMS: SENIOR INSURANCE MANAGERS REGIME AMENDMENT INSTRUMENT 2016

SECTION A: Balance Sheet

Handbook Notice No.47

Transcription:

FSA 2009/4 PROFESSIONAL INDEMNITY INSURANCE (LIMITS OF INDEMNITY) INSTRUMENT 2009 Powers exercised A. The Financial Services Authority makes this instrument in the exercise of the following powers and related provisions in the Financial Services and Markets Act 2000 ( the Act ): (1) section 138 (General rule-making power); (2) section 156 (General supplementary powers); and (3) section 157 (Guidance). B. The rule-making powers listed above are specified for the purpose of section 153(2) (Rule-making instruments) of the Act. Commencement C. This instrument comes into force on 2009. Amendments to the Handbook D. The Prudential sourcebook for Mortgage and Home Finance Firms, and Insurance Intermediaries (MIPRU) is amended in accordance with Annex A to this instrument. E. The Interim Prudential sourcebook for Investment Businesses (IPRU(INV)) is amended in accordance with Annex B to this instrument. Notes F. In this instrument, the notes (indicated by Note: ) are included for the convenience of readers but do not form part of the legislative text. Citation G. This instrument may be cited as the Professional Indemnity Insurance (Limits of Indemnity) Instrument 2009. By order of the Board 22 January 2009

Annex A Amendments to the Prudential sourcebook for Mortgage and Home Finance Firms, and Insurance Intermediaries (MIPRU) In this Annex, underlining indicates new text and striking through indicates deleted text. 3.2.7 R If the firm is an insurance intermediary, then the minimum limits of indemnity are: (1) for a single claim, 1,120,200 million; and (2) in aggregate, 1.5 1,680,300 million or, if higher, 10% of annual income up to 30 million. [Note: Article 4(3) of the Insurance Mediation Directive] 3.2.7A G Article 4(7) of the Insurance Mediation Directive requires the limits of indemnity to be reviewed every five years to take into account movements in European consumer prices. These limits will therefore be subject to further adjustments on the basis of index movements advised by the European Commission. TP 1 Transitional Provisions TP 1.1 (1) (2) Material to which the transitional provision applies (3) (4) Transitional provision (5) Transitional dates in force (6) Handbook coming into force 3 MIPRU 3.2.7R R The new limits of indemnity apply to a professional indemnity policy or a comparable guarantee agreement commenced, renewed or extended with effect from or after 2009. Any other existing non-annual arrangements must be 2009 to 28 February 2010 2009 2

aligned with the new limits of indemnity before 2010. 3

Annex B Amendments to the Interim Prudential sourcebook for Investment Businesses (IPRU(INV)) In this Annex, underlining indicates new text and striking through indicates deleted text. 9.2.5 R (1) An exempt CAD firm that is also an IMD insurance intermediary must comply with the professional indemnity insurance requirements at least equal to the limits those set out in 9.2.4R(1)(b) (except that the minimum limits of indemnity are at least 1,120,200 for a single claim and 1,680,300 in aggregate) and in addition has to have 9.2.5A G Article 4(7) of the Insurance Mediation Directive requires the limits of indemnity to be reviewed every five years to take into account movements in European consumer prices. These limits will therefore be subject to further adjustments on the basis of index movements advised by the European Commission. 13.1.4(2) R The policy must incorporate terms which are appropriate and must make provision for: (b) if the firm is an IMD insurance intermediary or an exempt CAD firm that maintains professional indemnity insurance under 13.1A.3(1)(b), appropriate minimum limits of indemnity per year which are, no lower than: (i) (ii) 1,000,000 1,120,200 for a single claim against the firm; and 1,500,000 1,680,300 in the aggregate; [Note: Article 67(3) of MiFID and Article 7 of CAD (see also rule 13.1A.3 4(3) of the Insurance Mediation Directive] (ba) if the firm is an exempt CAD firm that maintains professional indemnity insurance under 13.1A.3(1)(b), appropriate minimum limits of indemnity per year which are no lower than: (i) (ii) 1,000,000 for a single claim against the firm; and 1,500,000 in the aggregate; [Note: Article 67(3) of MiFID and Article 7 of CAD (see also rule 13.1A.3)] 4

13.1.4(2A) G Article 4(7) of the Insurance Mediation Directive requires the limits of indemnity to be reviewed every five years to take into account movements in European consumer prices. These limits will therefore be subject to further adjustments on the basis of index movements advised by the European Commission. Transitional Provisions 1. Table Transitional provisions applying to IPRU(INV) (1) (2) Material to which the transitional provision applies (3) (4) Transitional provision (5) Transitional dates in force (6) Handbook coming into force 3 IPRU(INV) 9.2.5R and IPRU(INV) 13.1.4(2)R (b) R The new limits of indemnity apply to a professional indemnity policy or a comparable guarantee commenced, renewed or extended with effect from or after 2009. Any other existing nonannual arrangements must be aligned with the new limits of indemnity before 1 March 2010. 2009 to 28 February 2010 2009 5