CREDS 8
Supervision
CREDS 8.1
Application and purpose
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Application
CREDS 8.1.1
See Notes
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Purpose
CREDS 8.1.2
See Notes
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CREDS 8.2
Reporting requirements
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Quarterly return
CREDS 8.2.1
See Notes
SUP 16.12.5 R states that a credit union must submit a quarterly return. The content, reporting frequency and due date in relation to that report are shown in CREDS 8.2.2 G. The form can be found at SUP 16 Annex 14(1)R.
[Note: a transitional provision applies in respect of the form to be used at SUP 16 Annex 14(1)R (see CREDS TP 1.4).]
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CREDS 8.2.2
See Notes
Content of report | Form | Frequency | Due date |
Key financial data | CQ | Quarterly | One month after quarter end |
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Annual return
CREDS 8.2.3
See Notes
SUP 16.12.5 R states that a credit union must submit an annual return. The content, reporting frequency and due date in relation to that report are shown in CREDS 8.2.4 G. The form can be found at SUP 16 Annex 14(2) R.
[Note: transitional provisions apply to the requirement in SUP 16.12.5 R (see ) and in respect of the form to be used at SUP 16 Annex 14(2)R (see )CREDS TP 1.4.]
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CREDS 8.2.4
See Notes
Content of report | Form | Frequency | Due date |
Extended financial data | CY | Annually | Six months after financial year end |
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CREDS 8.2.5
See Notes
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Accounts and audit
CREDS 8.2.6
See Notes
- (1) Every credit union must send to the FSA a copy of its audited accounts published in accordance with section 3A of the Friendly and Industrial and Provident Societies Act 1968.
- (2) The accounts must:
- (a) be made up for the period beginning with the date of the credit union's registration or with the date to which the credit union's last annual accounts were made up, whichever is the later, and ending on the credit union's most recent financial year end; and
- (b) accompany the annual return submitted to the FSA under SUP 16.12.5 R (see CREDS 8.2.3 G), unless they have been submitted already.
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CREDS 8.2.7
See Notes
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Financial penalties for late submission of reports
CREDS 8.2.8
See Notes
- (1) Financial penalties may be imposed for the late submission of:
- (a) the quarterly and annual returns referred to in SUP 16.12.5 R; and
- (b) the audited accounts referred to in CREDS 8.2.6 R.
- (2) Details of the FSA's policy and procedures on financial penalties are given in DEPP.
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CREDS 8.3
Approved persons
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CREDS 8.3.1
See Notes
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Introduction
CREDS 8.3.2
See Notes
The effect of section 59 of the Act and SUP 10 is that a credit union must apply to the FSA for the approval of one or more individuals to perform the functions which are known as controlled functions. Controlled functions fall within two groups:
- (1) The significant influence functions describe the roles performed by the governing body and senior managers of the firm who exert a significant influence over the regulated activities of the firm.
- (2) The customer functions describe the roles of individuals who deal with customers or with the property of customers. These customer functions do not extend to activities in relation to accepting deposits or general insurance and therefore will not be relevant to credit unions with permission for accepting deposits only.
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Controlled functions
CREDS 8.3.3
See Notes
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CREDS 8.3.4
See Notes
SUP 10.6: the governing functions:
- (1) SUP 10.6.4 R: the director function, This is the function of acting in the capacity of a director of a credit union.
- (2) SUP 10.6.8 R: the non-executive director function. It is unusual for a credit union to appoint non-executive directors as such. But this function would include membership of a credit union's supervisory committee and any other committee which scrutinises the approach of executive management, the credit union's performance, and its standards of conduct.
- (3) SUP 10.6.11 R: the chief executive function. Acting in the capacity of chief executive, whether or not using that title. This role includes anyone having the responsibility, alone or jointly with one or more others, under the immediate authority of the committee of management, for the conduct of the whole of the business.
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CREDS 8.3.5
See Notes
SUP 10.7: the required functions:
- (1) SUP 10.7.1 R: the apportionment and oversight function. This is the function of dealing with apportionment of responsibilities under SYSC 4.4.3 R, and of overseeing the establishment and maintenance of systems and controls under SYSC 4.1.1 R.
- (2) SUP 10.7.13 R: the money laundering reporting function. This is the function of acting in the capacity of the money laundering reporting officer of a credit union.
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CREDS 8.3.6
See Notes
SUP 10.8: the systems and controls function. This is the function of acting as an employee with responsibility for reporting to the committee of management in relation to:
- (1) the credit union's financial affairs; or
- (2) setting and controlling its risk exposure; or
- (3) adherence to internal systems and controls, procedures and policies.
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CREDS 8.3.7
See Notes
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CREDS 8.3.8
See Notes
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