SIFA 17
Individual guidance, whistleblowing,
auditors
SIFA 17.1
Individual Guidance
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SIFA 17.1.1
See Notes
A firm or an individual may ask us for
individual guidance on how the rules and general guidance in the Handbook,
FSMA or other regulatory requirements apply in their particular circumstances
(SUP 9). Requests for individual guidance may be made orally
or in writing addressed to your firm's usual supervisory contact at the FSA.
For smaller investment intermediaries this will usually be the Firm Contact
Centre. We will expect the firm or individual to have taken reasonable steps
to research and analyse a topic before approaching us for individual guidance.
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SIFA 17.1.2
See Notes
If a firm acts in line with current individual written guidance
that we give to it, then we will proceed on the basis that the firm has complied
with the aspects of the rule or other requirement to which the guidance relates.
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SIFA 17.1.3
See Notes
SUP 9.4.2 G explains that the extent to which a firm can
rely on individual guidance will depend on many factors such as the degree
of formality of the original query and the guidance given and whether all
relevant information was submitted with the request.
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SIFA 17.1.4
See Notes
We may also
give individual guidance to a firm on our own initiative (SUP 9.3). We may use this as a regulatory tool in response to our risk
assessment of the firm.
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SIFA 17.2
Whistleblowing
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SIFA 17.2.1
See Notes
Employees can contact us if they are
concerned about something that is relevant to our functions. They are protected
by the Public Interest Disclosure Act where they:
•have raised
the matter internally within the firm and remain concerned by the response
or lack of response, or they have felt unable to talk to anyone internally;•reasonably believe
the information and any allegations in it are substantially true; and•reasonably believe
the FSA is responsible for the issue in question.
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SIFA 17.2.2
See Notes
SYSC 4.2.2 G (2)(b) describes what may be appropriate internal procedures for smaller
firms so that employees can raise concerns. Our direct whistleblowing telephone
number is 020 7066 9200 and our direct email address is whistle@fsa.gov.uk.
Letters may also be sent to Authorisation Enquiries Department (Ref: PIDA)
at the FSA. Further information is available from our website under 'Whistleblowing'.
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SIFA 17.3
Auditors
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SIFA 17.3.1
See Notes
Small personal investment firms are exempt
from the requirement to appoint an auditor (SUP 3.1),
but nonetheless where such a firm is a limited company or limited liability
partnership it must produce audited accounts for statutory purposes. Sole
traders and partnerships do not need to produce statutory audited accounts.
An authorised firm cannot take advantage of the small company's audit exemption.
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SIFA 17.3.2
See Notes
Financial data included in the Retail
Mediation Activities Reports does not have to be audited. The requirement
to report within 30 business days of the period end will not usually allow
sufficient time to complete an audit.
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SIFA 17.3.3
See Notes
A firm should consider whether it should
notify us under Principle 11 if:
•the firm expects
or knows its auditor will qualify their report on the audited annual financial
statements or add an explanatory paragraph (SUP 3.7);
or•the firm receives
a written communication from its auditors commenting on internal controls
(SUP 3.7).
The following section of the Guide is also relevant: | |
• | 'Further information' - Chapter 19 |
If you do mortgage or general insurance business you should also refer to MIGI 12 and MIGI 15. |
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