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Purpose of this Checklist This checklist supports Solvency II UK firms in aligning governance, systems and controls with the expectations of the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). It should be read alongside Practice Note: Governance, systems and controls requirements for insurers, which provides a more detailed overview of the relevant requirements. Governance and organisational structure Confirm the board holds ultimate accountability for compliance with PRA, FCA and applicable legislative obligations. Establish a robust system of governance, featuring a transparent organisational structure with clearly allocated and segregated responsibilities. Regularly review and update written policies covering risk management, internal control, internal audit and, where relevant, outsourcing. Maintain documented governing body approvals for significant decisions and policy changes. Risk management Implement and embed an effective risk‑management system within decision‑making, ensuring ongoing identification, measurement, monitoring, management and reporting of risks. Incorporate comprehensive strategies, stress testing, scenario analysis and development of the own risk and...
Number and identity of the partners How many partners will there be, and who are they? What is each partner’s status: individual, company, another partnership, or other entity/body? Do all partners possess the requisite qualifications? Will any be salaried or fixed‑share partners? What rights and duties will they hold? Will they sign and be bound by the partnership agreement? Can new partners be brought in; if so, must they sign a deed of adherence? Is unanimous approval required to admit new partners? Business details What activities will the partnership undertake? Is it an ongoing venture or a one‑off project (or projects)? Are any regulatory consents, approvals and licences needed? What will the partnership be called; does the name clash with an existing one? Carry out searches at Companies House and the Trade Marks Registry. Will a domain be needed; check availability and register it. Where will the partnership...
This Checklist summarises the strategic considerations which should be assessed when an organisation is subject to a raid by the police or other regulatory enforcement body. Remain composed and courteous; ask for a copy of the warrant relied upon by the investigators to enter the premises. Invite the investigators to wait in a boardroom instead of reception, if one is available. Examine the warrant or authorisation thoroughly, confirming its objective and scope, the individuals expressly permitted to conduct the search, the precise premises in question, and the date on which execution is permitted. It must bear a signature and date. Deny entry to any person not identified on the warrant...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—17 January 2024 The Driver Vehicle Standards Agency (DVSA) lodged a complaint with the Advertising Standards Authority (ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority (ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other considerations, the ASA is a fit and proper body, has adequate financial resources to ensure the effective performance of the Designated Functions, and will...
EU developments EFRAG and ISSB release guidance on aligning EU and global sustainability reporting standards The European Financial Reporting Advisory Group (EFRAG) and the International Sustainability Standards Board (ISSB) have issued guidance detailing how European and international sustainability reporting standards can interoperate. The aim is to assist businesses that plan to meet both sets of requirements, with a specific emphasis on climate reporting...
On 4 October 2024, the Investment Association (IA) set out proposals addressing costs, tax and regulation, aiming to help make the national pensions system operate more efficiently. Representing UK investors overseeing £2.2trn for pension schemes and £1.1trn via insurers, the association issued its report in reply to a call for evidence from HM Treasury and the Department for Work and Pensions as part of their pensions investment review, covering workplace pensions and the local government pension scheme. In the paper, the trade body argued that folding smaller pension schemes into bigger entities to boost efficiency, broaden investment exposure and bolster governance would be insufficient. It said: 'Explicitly embrace the concept of 'sophisticated scale', with an emphasis on the importance of strong governance, accountability and appropriate investment expertise as the starting point for success, regardless of size or legal delivery structure,' the report noted...
Oil & Gas—UKCS licensing regime Regulatory body Up to 2016, oversight of the UK’s oil and gas resources chiefly sat with the Department of Energy and Climate Change (DECC), acting for the Secretary of State. Following Sir Ian Wood’s review of UK Continental Shelf (UKCS) oil and gas recovery (the Wood Review), government created an independent regulator—now the North Sea Transition Authority (NSTA)—to assume DECC’s licensing and regulatory duties in respect of all oil and gas exploration and production activities on the UKCS. This restructuring transferred responsibility for those matters from DECC to the new body. Until 21 March 2022 the NSTA operated under the name Oil and Gas Authority (OGA), which remains the company’s formal legal name and continues to appear in some legislation. The NSTA began taking on these roles from DECC on 1 April 2015, at first as an executive agency within DECC. The Energy Act 2016 subsequently established the NSTA as a fully independent regulator, constituted as an independent Government company, and amended the...
This Practice Note sets out your responsibilities for enhanced due diligence (EDD) and how to apply them in everyday professional practice. It aligns with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. The guidance provided is of general application. You should determine whether the MLR 2017 impose additional or varied requirements for your sector, and whether your regulatory body sets any extra, sector-specific obligations relating to EDD...
Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...
A. Documents for main applicant Evidence of the sponsor parent(s)' income and funds: Examples of suitable evidence are set out below. While a six-month span is not mandated by the Immigration Rules, it is recommended as a reasonable timeframe for demonstrating income and savings. Payslips for the previous six months (for employed persons). And/or proof of business or self-employment income for at least the last six months, such as: (a) Letter from a registered accountant for the business confirming the sponsor parent(s)’ income during that period. (b) Invoices. (c) Business accounts. Personal bank or building society statements or passbooks covering the past six months. Any accountant providing a supporting letter must be registered with an appropriate professional regulatory body. Bank or building society statements should show what has been paid in and out of the accounts for the past six months...
1 Sanctions (long form) For clause 1, the following terms are to be interpreted as set out below: Losses means all damages, liabilities, demands, costs and expenses [including all legal and other professional fees, costs and expenses], claims, actions and proceedings [(including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation))]; Sanctioned Activity means any activity that falls within sanctions imposed by a Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, United Nations, European Union and any other applicable local, national or multinational government agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for imposing and/or administering sanctions; Sanctioned Entity means any person or entity that is, or that is owned or controlled directly or indirectly by a person or entity that is,...
Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—pro-buyer—corporate seller—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity means any activity that is subject to sanctions applied by a Sanctioning Body; Sanctioning Body means the United Kingdom, United States of America, European Union, and any other relevant local, national or multinational governmental agency, department, official parliament, public or statutory person, or any governmental or professional body, regulatory or supervisory authority, board or other body tasked with imposing and/or administering sanctions; Sanctioned Entity means any person or entity that is, or that is owned or controlled, whether directly or indirectly, by a person or entity that is, the subject of sanctions imposed by, or included on a designated sanctions list of, a Sanctioning Body, and in this clause 1, the words ‘owned or controlled directly or indirectly’ have the meaning...