Terms of Business - Limited Permission Consumer Credit 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 the following regulated activities:
Limited Permission Consumer Credit – with associated Debt Permissions, if required.
This service will include:
- Registering an account for you on Connect (FCA application system)
- Carrying out DBS checks for Senior Managers
- Gaining an understanding of your business
- Guidance in completing your Financial Analysis
- CV creation
- Templates and guidance for the following policies:
- Consumer Duty
- Regulatory Business Plan
- Compliance Monitoring Plan
- TCF
- Vulnerable Customers
- Financial Crime
- Financial Promotions
- Complaints
- Customer Journey
- Advising on best practice and FCA expectations
- Guidance on relevant sections of the FCA Handbook
- 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)
- Commitment to an initial fact find phone call (30 minutes) for us to gain an understanding of your business.
- Basic research into the FCA’s rules and guidelines
- Making yourself available for follow up calls and emails as needed to complete the application.
- Completion of your Financial Analysis with an accountant. If you are applying for Debt permissions you will need to show £5000 capital resource at the point of submission. If you are currently trading and submit accounts to Companies House during the application process they must match the Financial Forecast submitted with your application or you risk being asked to withdraw the application. We can provide guidance on this but ultimately these are your financial projections
- You must not have any financial promotions in the public arena (website, social media etc.). Please let us know if there is anything that could cause a problem with your 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.
Timescales
Subject to you providing the information we have outlined, plus the prompt payment of our invoices, we expect to complete your application within 12 weeks and make the submission to the FCA. The FCA have up to 12 months to make a decision on your application (6 months from the date they deem the application to be complete, NOT from the date of submission). We will provide ongoing support during the FCA review process right up to the point that they make their decision.
Following a successful application, you will also need to pay an annual fee to the FCA. If your application is approved part the way through the financial year you may be expected to pay a part payment during the first
year, and then annually thereafter. If you wish to check how much the annual fee may be for you, please follow this link https://www.fca.org.uk/firms/calculate-your-annual-fee/fee-calculator
Due to the amount of work that is required to prepare a full application to the FCA, our fee is non-refundable regardless of the result. The fee is payable in full before work has started even if you later decide you no longer wish to pursue the application; or you opt to withdraw it.
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.