3
Details of Operational Continuity Arrangements
3.1
A firm must:
- (1) identify and document the details of the critical services it receives and details of the critical services required to deliver each of its critical functions and core business lines; and
- (2) be able to demonstrate it can put in place transition arrangements for the continuity of the critical services in receives in the event of the firm being restructured or resolved.
- 01/01/2023
3.2
Subject to 3.2A, if a firm receives critical services from another party, it must ensure the agreement governing the provision of these services:
- (1) does not permit the other party to terminate, suspend or materially alter the services or facilities or the agreement as a result of the deterioration in the financial circumstances or the resolution of the firm or any of its group members; and
- (2) entitles the firm to continue to receive those services during the firm’s resolution or restructuring as long as the firm fulfils its payment obligations under the agreement.
- 01/01/2023
3.2A
3.2 does not apply in respect of an excluded agreement or an agreement entered into by a firm with an excluded person.
- 01/01/2023
3.3
If a firm receives critical services from another party, it must ensure that the agreement governing the provision of those critical services is set on arm’s length terms.
- 01/01/2023
3.3A
A firm must ensure that the charging structure for the critical services it receives is predictable and transparent.
- 01/01/2023
3.4
A firm must ensure access by the firm, the service provider and the PRA to the operational assets supporting critical services is not disrupted in the event of a group member being restructured or resolved.
- 01/01/2019