Terms of Business - Change in Control FCA Application

About us

These Terms of Reference will apply to the provision of goods and services by:

The Compliance Guys Limited, a private limited company, incorporated and registered in England and Wales, with company number 12533924, whose registered office is at Office 28, Cleveland Street, Wolverhampton, West Midland, WV1 3HT, trading as The Compliance Guys.

The service we will provide

We will provide you with advice and assistance in completing your FCA application for your change in control:

Change in Control – with approved person changes, if required.

This service will include:

  • Carrying out credit checks and DBS checks for the applicant
  • Gaining an understanding of your business
  • CV and Organisational Chart creation
  • Templates and guidance for policies, if requested
  • Advising on best practice and FCA expectations
  • Completing the application on Connect on your behalf
  • Providing telephone and email support throughout the application process following submission of the application to the FCA

What we need from you

In order to give you the best possible chance of success with your FCA application, we require the following commitment from you:

  • Completed application form with your business and personal contact details, work history etc.
  • THREE proofs for your DBS check (driving license, passport and utility bill dated in the last 90 days)
  • Making yourself available for calls and emails as needed to allow us to collect any further information we need to complete the application.
  • When we log into Connect, if you have set up multi-factor authentication, we will need the passcode that is sent to your mobile. We therefore need you to be available to send this code to us when we need it (we will give you as much warning as possible)

Once the application has been submitted you will need to let us know IMMEDIATELY of any contact from the FCA so that we can provide guidance and advice in your responses.

IMPORTANT

Please understand that we will use our experience and knowledge to assist you with your application, but we cannot guarantee that the FCA will approve it.

All communications from the FCA will be with you as the named person making the application.

We will provide guidance and advice in responding to the FCA but rely on you to tell us when they contact you, providing copies of email requests from them as soon as you receive them as they usually have a 5 working day deadline. We take no liability for missing deadlines where FCA correspondence has not been provided within a reasonable timescale.

Documents we provide to you are for your use only and should not be shared with other firms.

 

The FCA may do a credit check on any individuals who are applying for a Senior Management function.

 

Applicant Declarations and Disclosure Requirement

To enable us to assess your application accurately and to assist with FCA submissions, you must provide complete, accurate and up-to-date information.

You must disclose:

  • Any previous names, maiden names, aliases, or names by which you have been known.
  • Any change of name by deed poll, marriage, civil partnership, divorce, or otherwise
  • All current and previous residential addresses for the period requested by the FCA.
  • Any unspent or spent criminal convictions, cautions, reprimands, warnings, investigations, or prosecutions where disclosure is required by law or FCA rules.
  • Any bankruptcies, Individual Voluntary Arrangements (IVAs), debt relief orders, County Court Judgments (CCJs), or other financial difficulties.
  • Any regulatory investigations, disciplinary proceedings, dismissals, sanctions, or findings made by a professional, regulatory, or government body.
  • Any adverse media, online content, reviews, complaints, or other information that may reasonably be identified during the FCA’s fitness and propriety assessment.

By signing these Terms of Business, you confirm that all information provided to us is complete, accurate and not misleading, and that you have disclosed all information which may be relevant or material to your application.

It is your responsibility to ensure that all such information is disclosed, and to promptly notify us of any changes. Failure to disclose relevant information may adversely affect your application and could result in delays, rejection by the FCA, or potential regulatory action.

Please note that we rely on the accuracy and completeness of the information you provide. We are not responsible for any outcome of the application, including refusal by the FCA, where this arises from incomplete, inaccurate or undisclosed information.

If you are unsure whether any information is relevant, you should disclose this to your advisor so that appropriate guidance can be provided prior to submission.

Timescales & Fees

Timescales
Subject to you providing the information set out above and paying our invoices promptly, we expect to complete and submit your application to the FCA within 12 weeks. The FCA then has up to 12 months to make a decision (6 months from the date they deem the application to be complete, not from the date of submission). We will support you throughout the FCA review process, right up to the point a decision is made.

Fees
The FCA bases fees on the level of risk. If they deem your application to be higher risk, the fee may be more than £280 – you will be liable for any difference.

We will only allow you to put your application on hold in exceptional circumstances. During any hold, if there is any increase to the FCA fee or to our own fees, you will be liable for the difference before work resumes. An application can be put on hold for a maximum of 3 months, after which it will be closed.

After 90 days we will need to re-key your application onto the FCA’s Connect system, whether or not the case has been on hold. In any case where we re-key an application, the client is liable for our administration cost of £200 + VAT.

Due to the amount of work that is required to prepare a full application to the FCA, our fee is payable IN FULL prior to any work commencing, and, once paid, is non-refundable even if you later decide you no longer wish to pursue the application, opt to withdraw it, or you are unhappy with the FCA’s decision.

Privacy

Personal data that you provide to us as part of this application will be used to complete your application on Connect. Please read our Privacy Policy in full on our website Privacy – The Compliance Guys Ltd. By signing these Terms of Business, you are consenting to our use of your data for the purposes of your FCA application.

Your ongoing responsibilities

The FCA will only approve a firm to carry out regulated activities if they believe they are “ready, willing, and organised”. You must be able to start operating your business in line with all relevant regulations which will include having adequate governance and controls in place. If you wish to discuss ongoing compliance support with us, please let us know.

PLEASE COMPLETE THE BELOW INFORMATION IF YOU WISH TO USE THIS SERVICE. BY DOING SO YOU ARE AGREEING TO THESE TERMS OUTLINED ABOVE.