SUP 3

Auditors

SUP 3.1

Application

SUP 3.1.1

See Notes

handbook-rule
This chapter applies to:
(1) every firm within a category listed in column (1) of the table in SUP 3.1.2 R; and
(2) the external auditor of such a firm (if appointed under SUP 3.3 or appointed under or as a result of a statutory provision other than in the Act);
in accordance with column (2) or (3) of that table, except as described in the remainder of this section.

SUP 3.1.1A

See Notes

handbook-guidance

For the avoidance of doubt, this chapter does not apply to the following firms if they do not hold client money or client assets and do not appoint an auditor under or as a result of a statutory provision other than in the Act:

SUP 3.1.2

See Notes

handbook-rule

Applicable sections (see SUP 3.1.1 R)

SUP 3.1.2A

See Notes

handbook-guidance
If a firm falls within more than one row in column (1) of the table in SUP 3.1.2 R, SUP 3.1.1 R requires the firm and its external auditor to comply with all the sections referred to in column (2) or (3). For example, a bank which carries on designated investment business which is also a mortgage lender, falls in rows (4) and (9). Therefore, the bank must comply with SUP 3.1 to SUP 3.7, and its external auditor must comply with SUP 3.1, SUP 3.2, SUP 3.8 and SUP 3.10.

Incoming firms

SUP 3.1.3

See Notes

handbook-rule
This chapter appliesto an incoming EEA firm(and the auditor of such a firm) only if it has a top-up permission .

SUP 3.1.4

See Notes

handbook-guidance
The application of SUP 3.10 to the auditor of an incoming EEA firm with a top-up permission is qualified in SUP 3.10.3 R.

SUP 3.1.5

See Notes

handbook-rule
This chapter does not apply to an incoming Treaty firm, which:
(1) does not have a top-up permission; and
(2) is not required to comply with the client asset rules.

SUP 3.1.6

See Notes

handbook-guidance
The application of SUP 3.7 to an incoming Treaty firm or an auditor of such a firm is further qualified in SUP 3.7.1 G.

Auditors of lead regulated firms

SUP 3.1.7

See Notes

handbook-guidance
The application of SUP 3.10 to the auditor of a lead regulated firm is qualified in SUP 3.10.3 R.

SUP 3.1.8

See Notes

handbook-guidance
This chapter applies to an authorised professional firm as set out in rows (1) to (3) of SUP 3.1.2 R:
(1) a firm in row (1) is treated in the same way as its equivalent in row (7);
(2) large parts of this chapter apply to a firm in row (2) and its auditor; the report on client assets under SUP 3.10 (Duties of auditors: notification and report on client assets) must cover compliance for the whole of the business within the scope of whichever ofthe custody rules and the client money rules are treated as applying; but there is no requirement for the auditor to prepare a report to the FSA on the firm's financial statements;
(3) this chapter has limited application to a firm in row (3) and its auditor.

Material elsewhere in the Handbook

SUP 3.1.9

See Notes

handbook-guidance
A firm which is a friendly society or other insurer, investment management firm, personal investment firm or a securities and futures firm , should see the Prudential Standards part of the Handbookfor further provisions on auditors as set out in SUP 3.1.10 G. For the categorisations employed in SUP 3.1.2 R and SUP 3.1.10 G see SUP App 1.

Enabling provision and application

SUP 3.1.11

See Notes

handbook-guidance
The insurance market direction in this chapter is given under section 316(1) of the Act (Direction by Authority) and applies to members.

Purpose

SUP 3.1.12

See Notes

handbook-guidance
The insurance market direction in this chapter is intended to enable the rules in SUP 3 and SUP 4 to be applied to a managing agent in respect of the insurance business of each syndicate which it manages.

Insurance market direction on rules concerning auditors and actuaries

SUP 3.1.13

See Notes

handbook-directions
(1) With effect from 1 January 2005, Part XXII of the Act (Auditors and Actuaries) applies to the carrying on of insurance business by members as modified by paragraph (3).
(2) For the purposes of (1) "insurance business" means the regulated activities of effecting or carrying out contracts of insurance written at Lloyd's.
(3) Regulations made by the Treasury under section 342(5) and section 343(5) of Part XXII of the Act apply only to actuaries appointed by a managing agent in respect of the insurance business of a syndicate, in relation to the long-term insurance business of that syndicate.
(4) In Part XXII of the Act (Auditors and Actuaries) as applied by this insurance market direction:
(a) a reference to an auditor of an authorised person is to be read as including an auditor appointed by a managing agent in respect of the insurance business of a syndicate; and
(b) a reference to an actuary acting for an authorised person is to be read as including an actuary appointed by a managing agent in respect of the insurance business of a syndicate.

SUP 3.1.14

See Notes

handbook-guidance
Part XXII (Auditors and Actuaries) is a core provision mentioned in section 317(1) of the Act (The core provisions).

SUP 3.1.15

See Notes

handbook-guidance
Section 317(2) of the Act (The core provisions) provides that references in an applied core provision to an authorised person are to be read as references to a person in the class to which the insurance market direction applies. The effect of this, and of the insurance market direction set out at SUP 3.1.13 D, is that Part XXII of the Act (Auditors and Actuaries), applies also to auditors and actuaries who are appointed to report on the underwriting business of members. Part XXII is modified in its application to members by paragraph (3) of SUP 3.1.13 D with the effect that the regulations made under sections 342(5) and 343(5) of the Act relating to communications by actuaries will only apply where the actuary is appointed to evaluate the long-term insurance business of the syndicate. The regulations made under sections 342(5) and 343(5) in relation to communications by auditors will apply in relation to both general insurance business and long-term insurance business.

SUP 3.1.16

See Notes

handbook-guidance
SUP 3.3 sets out rules the effect of which is to require a managing agent to appoint an auditor in respect of its own business and the insurance business of each syndicate which it manages.

SUP 3.1.17

See Notes

handbook-guidance
References in SUP 3, as applied by SUP 3.1.2 R, to a firm include, where appropriate:
(1) a managing agent; and
(2) one or more members carrying on insurance business at Lloyd's through a syndicate,
and references to an actuary of a firm should be read accordingly.

SUP 3.1.18

See Notes

handbook-guidance
SUP 4.6 sets out rules the effect of which is to require a managing agent to appoint an actuary in respect of the insurance business of each syndicate which it manages.

SUP 3.2

Purpose

Purpose: general

SUP 3.2.1

See Notes

handbook-guidance
This chapter sets out rules and guidance on the role auditors play in the FSA's monitoring of firms' compliance with the requirements and standards under the regulatory system. In determining whether a firm satisfies the threshold conditions, the FSA has regard to whether the firm has appointed auditors with sufficient experience in the areas of business to be conducted by the firm (COND 2.5.7 G (11)). Auditors act as a source of information for the FSA in its supervision. They report, where required, on the financial resources of the firm, the accuracy of its reports to the FSA and its compliance with particular rules, such as the Client asset rules.

SUP 3.2.2

See Notes

handbook-guidance
The Act, together with other legislation such as the Companies Acts 1985, 1989 and 2006, the Building Societies Act 1986 and the Friendly Societies Act 1992, provides the statutory framework for firms' and auditors' obligations.

SUP 3.2.3

See Notes

handbook-guidance
The requirements in SUP 3.9 represent an interim approach to the use of auditors, based mainly on the requirements which previous regulators applied to firms.

Insurance intermediaries and their auditors

SUP 3.2.5

See Notes

handbook-guidance
It is the responsibility of an insurance intermediary's senior management to determine, on a continuing basis, whether the insurance intermediary is an exempt insurance intermediaryand to appoint an auditor if management determines the firm is no longer exempt. SUP 3.7 (amplified by SUP 15) sets out what a firm should consider when deciding whether it should notify the FSA of matters raised by its auditor.

Rights and duties of auditors

SUP 3.2.6

See Notes

handbook-guidance
The rights and duties of auditors are set out in SUP 3.8 (Rights and duties of all auditors) and SUP 3.10 (Duties of auditors: notification and report on client assets). SUP 3.8.10 G includes the auditor's statutory duty to report certain matters to the FSA imposed by regulations made by the Treasury under sections 342(5) and 343(5) of the Act (information given by auditor or actuary to the FSA). An auditor should bear these rights and duties in mind when carrying out client asset report work, including whether anything should be notified to the FSA immediately.

SUP 3.3

Appointment of auditors

Purpose

SUP 3.3.1

See Notes

handbook-guidance
This section requires a firm to appoint an auditor and supply the FSA with information about its auditor. The FSA requires such information to ensure that the firm has an auditor.

Appointment by firms

SUP 3.3.2

See Notes

handbook-rule
A firm to which this section applies (see SUP 3.1) must:
(1) appoint an auditor;
(2) notify the FSA, without delay, on the form in SUP 15 Ann 2R (Standing data form), in accordance with the instructions on the form, when it is aware that a vacancy in the office of auditor will arise or has arisen, giving the reason for the vacancy;
(3) appoint an auditor to fill any vacancy in the office of auditor which has arisen;
(4) ensure that the replacement auditor can take up office at the time the vacancy arises or as soon as reasonably practicable after that; and
(5) notify the FSA of the appointment of an auditor, on the form in SUP 15 Ann 2R (Standing data form), in accordance with the instructions on the form, advising the FSA of the name and business address of the auditor appointed and the date from which the appointment has effect.

SUP 3.3.3

See Notes

handbook-guidance
(1) SUP 3.3.2 R applies to every firm to which this section applies. That includes a firm which is under an obligation to appoint an auditor under an enactment other than the Act, such as the Companies Act 1985 or the Companies Act 2006, as appropriate. Such a firm is expected to wish to have a single auditor who is appointed to fulfil both obligations. SUP 3.3.2 R is made under section 138 of the Act (General rule-making power), in relation to such firms, and under section 340(1) (Appointment) in relation to other firms.
(2) Building societies and friendly societies are reminded that they are subject to the provisions of Schedule 11 to the Building Societies Act 1986 and Schedule 14 to the Friendly Societies Act 1992 relating to auditors, in addition to the provisions in this chapter. In relation to SUP 3.3.2 R (2), such firms may give the FSA a single notification of a vacancy in the office of auditor provided that the notification complies with the requirements of the relevant Act and SUP 3.3.2 R (2).

Appointment by the FSA

SUP 3.3.7

See Notes

handbook-rule
(1) Paragraph (2) applies to a firm which is not under an obligation to appoint an auditor imposed by an enactment other than the Act.
(2) If a firm fails to appoint an auditor within 28 days of a vacancy arising, the FSA may appoint an auditor for it on the following terms:
(a) the auditor to be remunerated by the firm on the basis agreed between the auditor and firm or, in the absence of agreement, on a reasonable basis; and
(b) the auditor to hold office until he resigns or the firm appoints another auditor.

SUP 3.3.8

See Notes

handbook-guidance
In addition, in the case of a building society or friendly society, Schedule 11 of the Building Societies Act 1986 and Schedule 14 of the Friendly Societies Act 1992 allow the FSA to appoint an auditor if this is not done at the society's annual general meeting.

SUP 3.3.9

See Notes

handbook-guidance
SUP 3.3.7 R allows but does not require the FSA to appoint an auditor if the firm has failed to do so within the 28 day period. When it considers whether to use this power, the FSA will take into account the likely delay until the firm can make an appointment and the urgency of any pending duties of the appointed auditor.

SUP 3.3.10

See Notes

handbook-rule
A firm must comply with and is bound by the terms on which an auditor has been appointed by the FSA , whether under SUP 3.3.7 R, the Building Societies Act 1986 or the Friendly Societies Act 1992.

SUP 3.4

Auditors' qualifications

Purpose

SUP 3.4.1

See Notes

handbook-guidance
The FSA is concerned to ensure that the auditor of a firm has the necessary skill and experience to audit the business of the firm to which he has been appointed. This section sets out the FSA's rules and guidance aimed at achieving this.

Qualifications

SUP 3.4.2

See Notes

handbook-rule
Before a firm, to which SUP 3.3.2 R applies, appoints an auditor, it must take reasonable steps to ensure that the auditor has the required skill, resources and experience to perform his functions under the regulatory system and that the auditor:
(1) is eligible for appointment as an auditor under Part II of the Companies Act 1989 or Part III of the Companies (Northern Ireland) Order 1990 (Eligibility for appointment) where applicable, otherwise Chapters 1, 2 and 6 of Part 42 of the Companies Act 2006 ; or
(2) if appointed under an obligation in another enactment, is eligible for appointment as an auditor under that enactment; or
(3) in the case of an overseas firm, is eligible for appointment as an auditor under any applicable equivalent laws of that country or territory.

SUP 3.4.3

See Notes

handbook-guidance
Enactments within SUP 3.4.2 R (2) include the Building Societies Act 1986 and the Friendly Societies Act 1992.

SUP 3.4.4

See Notes

handbook-guidance
An auditor which a firm proposes to appoint should have skills, resources and experience commensurate with the nature, scale and complexity of the firm's business and the requirements and standards under the regulatory system to which it is subject. A firm should have regard to whether its proposed auditor has expertise in the relevant requirements and standards (which may involve access to UK expertise) and possesses or has access to appropriate specialist skill, for example actuarial expertise in carrying out audits of insurance companies or friendly societies where appropriate. The firm should seek confirmation of this from the auditor concerned as appropriate.

Disqualified auditors

SUP 3.4.5

See Notes

handbook-rule
A firm must not appoint as auditor a person who is disqualified by the FSAunder section 345 of the Act (Disqualification) from acting as an auditor either for that firm or for a relevant class of firm.

SUP 3.4.6

See Notes

handbook-guidance
If it appears to the FSA that an auditor of a firm has failed to comply with a duty imposed on him under the Act, it may disqualify him under section 345 of the Act. For more detail about what happens when the disqualification of an auditor is being considered or put into effect, see EG 15 . A list of persons who are disqualified by the FSA under section 345 of the Act may be found on the FSA website ( www.fsa.gov.uk).

Requests for information on qualifications by the FSA

SUP 3.4.7

See Notes

handbook-rule
A firm must take reasonable steps to ensure that an auditor, which it is planning to appoint or has appointed, provides information to the FSA about the auditor's qualifications, skills, experience and independence in accordance with the reasonable requests of the FSA .

SUP 3.4.8

See Notes

handbook-guidance
To enable it to assess the ability of an auditor to audit a firm, the FSA may seek information about the auditor's relevant experience and skill. The FSA will normally seek information by letter from an auditor who has not previously audited any firm. The firm should instruct the auditor to reply fully to the letter (and should not appoint an auditor who does not reply to the FSA ). The FSA may also seek further information on a continuing basis from the auditor of a firm (see also the auditor's duty to cooperate under SUP 3.8.2 R).

SUP 3.5

Auditors' independence

Purpose

SUP 3.5.1

See Notes

handbook-guidance
If an auditor is to carry out his duties properly, he needs to be independent of the firm he is auditing, so that he is not subject to conflicts of interest. Many firms are also subject to requirements under the Companies Act 1989, or the Companies Act 2006, the Building Societies Act 1986 or the Friendly Societies Act 1992 on auditor's independence.

Independence

SUP 3.5.2

See Notes

handbook-rule
A firm must take reasonable steps to ensure that the auditor which it appoints is independent of the firm.

SUP 3.5.3

See Notes

handbook-rule
If a firm becomes aware at any time that its auditor is not independent of the firm, it must take reasonable steps to ensure that it has an auditor independent of the firm. The firm must notify the FSA if independence is not achieved within a reasonable time.

SUP 3.5.4

See Notes

handbook-guidance
The FSA will regard an auditor as independent if his appointment or retention does not breach the ethical guidance in current issue from the auditor's recognised supervisory body on the appointment of an auditor in circumstances which could give rise to conflicts of interest.

SUP 3.5.5

See Notes

handbook-guidance
Firms are reminded that the Building Societies Act 1986 and Friendly Societies Act 1992 provide that an auditor who is ineligible under section 27 of the Companies Act 1989 where applicable, otherwise sections 1214 and 1215 of the Companies Act 2006 for appointment as auditor of a company (which is a subsidiary undertaking of a building society or a subsidiary of a friendly society) is ineligible for appointment as auditor to the building society or friendly society concerned.

SUP 3.6

Firms' cooperation with their auditors

SUP 3.6.1

See Notes

handbook-rule
A firm must cooperate with its auditor in the discharge of his duties under this chapter.

Auditor's access to accounting records

SUP 3.6.2

See Notes

handbook-guidance
In complying with SUP 3.6.1 R, a firm should give a right of access at all times to the firm's accounting and other records, in whatever form they are held, and documents relating to its business. A firm should allow its auditor to copy documents or other material on the premises of the firm and to remove copies or hold them elsewhere, or give him such copies on request.

SUP 3.6.3

See Notes

handbook-guidance
Section 341 of the Act (Access to books etc.) provides that an auditor of a firm appointed under SUP 3.3.2 R:
(1) has a right of access at all times to the firm's books, accounts and vouchers; and
(2) is entitled to require from the firm's officers such information and explanations as he reasonably considers necessary for the performance of his duties as auditor.

SUP 3.6.4

See Notes

handbook-guidance
Section 389A of the Companies Act 1985 where applicable, otherwise sections 499 and 500 of the Companies Act 2006, section 79 of the Building Societies Act 1986 and section 75 of the Friendly Societies Act 1992 give similar rights to auditors of companies, building societies and friendly societies respectively.

SUP 3.6.5

See Notes

handbook-guidance
Section 413 (Protected items), under which no person may be required under the Act to produce, disclose or permit the inspection of protected items, is relevant to SUP 3.6.1 R and SUP 3.6.3 G.

Access and cooperation: appointed representatives, material outsourcing, employees

SUP 3.6.6

See Notes

handbook-guidance
In complying with SUP 3.6.1 R, a firm should take reasonable steps to ensure that each of its appointed representativesor, where applicable, tied agentsgives the firm's auditor the same rights of access to the books, accounts and vouchers of the appointed representativeor tied agentand entitlement to information and explanations from the appointed representative'sor tied agent'sofficers as are given in respect of the firm by section 341 of the Act (see also SUP 12.5.5 R (3)).

SUP 3.6.7

See Notes

handbook-guidance
In complying with SUP 3.6.1 R, a firm should take reasonable steps to ensure that each of its suppliers under a material outsourcing arrangement gives the firm's auditor the same rights of access to the books, accounts and vouchers of the firm held by the supplier, and entitlement to information and explanations from the supplier's officers as are given in respect of the firm by section 341 of the Act.

SUP 3.6.8

See Notes

handbook-guidance
In complying with SUP 3.6.1 R, a firm should take reasonable steps to ensure that all its employees cooperate with its auditor in the discharge of his duties under this chapter.

Provision of false or misleading information to auditors

SUP 3.6.9

See Notes

handbook-guidance
Firms and their officers, managers and controllers are reminded that, under section 346 of the Act (Provision of false or misleading information to auditor or actuary), knowingly or recklessly giving false information to an auditor appointed under SUP 3.3.2 R constitutes an offence in certain circumstances, which could render them liable to prosecution. This applies even when an auditor is also appointed under an obligation in another enactment.

SUP 3.7

Notification of matters raised by auditor

Application

SUP 3.7.1

See Notes

handbook-guidance
SUP 3.7 does not apply to an incoming Treaty firm which does not have a top-up permission.

Notification

SUP 3.7.2

See Notes

handbook-guidance
A firm should consider whether it should notify the FSA under Principle 11 if:
(1) the firm expects or knows its auditor will qualify his report on the audited annual financial statements or add an explanatory paragraph; or
(2) the firm receives a written communication from its auditor commenting on internal controls (see also SUP 15.3).

SUP 3.8

Rights and duties of auditors

Purpose

SUP 3.8.1

See Notes

handbook-guidance
The auditor of a firm has various rights and duties to obtain information from the firm and both to enable and to require him to pass information to the FSA in specified circumstances. This section imposes or gives guidance on those rights and duties.

Cooperation with the FSA

SUP 3.8.2

See Notes

handbook-rule
An auditor of a firm must cooperate with the FSA in the discharge of its functions under the Act.

SUP 3.8.3

See Notes

handbook-guidance
The FSA may ask the auditor to attend meetings and to supply it with information about the firm. In complying with SUP 3.8.2 R, the auditor should attend such meetings as the FSA requests and supply it with any information the FSA may reasonably request about the firm to enable the FSA to discharge its functions under the Act.

SUP 3.8.4

See Notes

handbook-rule
An auditor of a firm must give any skilled person appointed by the firm all assistance that person reasonably requires (see SUP 5 and section 166(5) of the Act (Reports by skilled persons)).

Auditor's independence

SUP 3.8.5

See Notes

handbook-rule
An auditor of a firm must be independent of the firm in performing his duties in respect of that firm.

SUP 3.8.6

See Notes

handbook-rule
An auditor of a firm must take reasonable steps to satisfy himself that he is free from any conflict of interest in respect of that firm from which bias may reasonably be inferred. He must take appropriate action where this is not the case.

SUP 3.8.7

See Notes

handbook-guidance
SUP 3.5.4 G explains that an auditor whose appointment does not breach the ethical guidance in current issue from the auditor's recognised supervisory body will be regarded as independent by the FSA .

Auditors' rights to information

SUP 3.8.8

See Notes

handbook-guidance
SUP 3.6.1 R requires a firm to cooperate with its auditor. SUP 3.6.3 G refers to the rights to information which an auditor is granted by the Act. SUP 3.6.4 G refers to similar rights granted by the Companies Act 1985 or where applicable, the Companies Act 2006, the Building Societies Act 1986 and the Friendly Societies Act 1992.

Communication between the FSA, the firm and the auditor

SUP 3.8.9

See Notes

handbook-guidance
Within the legal constraints that apply, the FSA may pass on to an auditor any information which it considers relevant to his function. An auditor is bound by the confidentiality provisions set out in Part XXIII of the Act (Public record, disclosure of information and cooperation) in respect of confidential information he receives from the FSA . An auditor may not pass on such confidential information without lawful authority, for example if an exception applies under the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (SI 2001/2188) or with the consent of the person from whom that information was received and (if different) to whom the information relates.

Auditors' statutory duty to report

SUP 3.8.10

See Notes

handbook-guidance
(1) Auditors are subject to regulations made by the Treasury under sections 342(5) and 343(5) of the Act (Information given by auditor or actuary to the FSA). Section 343 and the regulations also apply to an auditor of an authorised person in his capacity as an auditor of a person who has close links with the authorised person.
(2) These regulations oblige auditors to report certain matters to the FSA. Sections 342(3) and 343(3) of the Act provide that an auditor does not contravene any duty by giving information or expressing an opinion to the FSA , if he is acting in good faith and he reasonably believes that the information or opinion is relevant to any functions of the FSA . These provisions continue to have effect after the end of the auditor's term of appointment.
In relation to Lloyd's, an effect of the insurance market direction set out at SUP 3.1.13 D is that sections 342(5) and 343(5) of the Act (Information given by an auditor or actuary to the Authority) apply also to auditors appointed to report on the insurance business of members.

Termination of term of office, disqualification

SUP 3.8.11

See Notes

handbook-rule
An auditor must notify the FSA without delay if he:
(1) is removed from office by a firm; or
(2) resigns before his term of office expires; or
(3) is not re-appointed by a firm.

SUP 3.8.12

See Notes

handbook-rule
If an auditor ceases to be, or is formally notified that he will cease to be, the auditor of a firm, he must notify the FSA without delay:
(1) of any matter connected with his so ceasing which he thinks ought to be drawn to the FSA's attention; or
(2) that there is no such matter.

SUP 3.10

Duties of auditors: notification and report on client assets

Application

SUP 3.10.1

See Notes

handbook-rule
Where this section requires an auditor of a firm to report on a firm's compliance with rules, this section applies to the auditor only to the extent that the firm is required to comply with the relevant rules.

SUP 3.10.2

See Notes

handbook-rule
An auditor of an authorised professional firm need not report under this section in relation to that firm's compliance with the client money rulesin the client money chapter , if that firm is regulated by:
(1) the Law Society (England and Wales);
(2) the Law Society of Scotland;
(3) the Law Society of Northern Ireland.

SUP 3.10.3

See Notes

handbook-rule
SUP 3.10.5 R(3) does not apply to an auditor of a lead regulated firm or an incoming EEA firm.

Client assets report: content

SUP 3.10.4

See Notes

handbook-rule
An auditor of a firm must submit a client assets report addressed to the FSA which:
(1)
(a) states the matters set out in SUP 3.10.5 R; and
(b) specifies the matters to which SUP 3.10.9 R and SUP 3.10.9A R refer; or
(2) if the firm claims not to hold client money or custody assets, states whether anything has come to the auditor's attention that causes him to believe that the firm held client money or custody assets during the period covered by the report.

SUP 3.10.4A

See Notes

handbook-rule
(1) For the purpose of SUP 3.10.4 R (1), an auditor must ensure that the report is prepared in accordance with the terms of a reasonable assurance engagement.
(2) For the purpose of SUP 3.10.4 R (2), an auditor must ensure that the report is prepared in accordance with the terms of a limited assurance engagement.

SUP 3.10.5

See Notes

handbook-rule

Client assets report

SUP 3.10.5A

See Notes

handbook-rule
In relation to a client assets report provided in accordance with SUP 3.10.4 R, an auditor must ensure that it:
(1) is submitted in the form prescribed by SUP 3 Annex 1 R; and
(2) is signed on behalf of the audit firm by the individual with primary responsibility for a firm's client assets report and in that individual's own name.

SUP 3.10.5B

See Notes

handbook-guidance
SUP 3.10.4 R provides that an auditor must ensure that a client assets report is prepared in accordance with the terms of, as the case may be, a reasonable assurance engagement or a limited assurance engagement. However, the FSA also expects an auditor to have regard, where relevant, to material published by the Auditing Practices Board that deals specifically with the client assets report which the auditor is required to submit to the FSA . In the FSA's view, a client assets report that is prepared in accordance with that material is likely to comply with SUP 3.10.4 R and SUP 3.10.5 R where that report is prepared for a firm within the scope of the material in question.

SUP 3.10.5C

See Notes

handbook-rule
(1) An auditor must ensure that the information provided to it by a firm in accordance with SUP 3.11.1 G is included in the client assets report.
(2) If by the date at which the report is due for submission in accordance with SUP 3.10.7 R or SUP 3.10.8A R an auditor has not received the information prescribed in SUP 3.11.1 G it must submit the report without that information, together with an explanation for its absence.

Client assets report: period covered

SUP 3.10.6

See Notes

handbook-rule
The period covered by a report under SUP 3.10.4 R must end not more than 53 weeks after the period covered by the previous report on such matters, or, if none, after the firm is authorised or becomes subject to SUP 3.11 and its auditor becomes subject to SUP 3.10.

Client assets report: timing of submission

SUP 3.10.7

See Notes

handbook-rule
An auditor must deliver a client assets report under SUP 3.10.4 R to the FSA within four months from the end of each period covered, unless it is the auditor of a firm falling within category (10) of SUP 3.1.2 R.

SUP 3.10.7A

See Notes

handbook-guidance
A period of four months, in ordinary circumstances, would be considered by the FSA as a reasonable time for the auditor to deliver the client assets report to the FSA.

SUP 3.10.8

See Notes

handbook-rule
(1) If an auditor expects that it will fail to comply with SUP 3.10.7 R, it must no later than the end of the four month period in question:
(a) notify the FSA that it expects that it will be unable to deliver a client assets report by the end of that period; and
(b) ensure that the notification in (a) is accompanied by a full account of the reasons for its expected failure to comply with SUP 3.10.7 R.
(2) If an auditor fails to comply with SUP 3.10.7 R, it must promptly:
(a) notify the FSA of that failure; and
(b) ensure that the notification in (a) is accompanied by a full account of the reasons for its failure to comply with SUP 3.10.7 R.

SUP 3.10.8A

See Notes

handbook-rule
The auditor of a firm falling within category (10) of SUP 3.1.2 R must deliver a report under SUP 3.10.4 R:
(1) to the firm so as to be received within four months of the end of each period covered; and
(2) to the FSA upon request within six years of the end of the period covered.

SUP 3.10.8B

See Notes

handbook-guidance
The rights and duties of auditors are set out in SUP 3.8 (Rights and duties of all auditors) and SUP 3.10 (Duties of auditors: notification and report on client assets). SUP 3.8.10 G also refers to the auditor's statutory duty to report certain matters to the FSA imposed by regulations made by the Treasury under sections 342(5) and 343(5) of the Act (information given by auditor or actuary to the FSA). An auditor should bear these rights and duties in mind when carrying out client asset report work, including whether anything should be notified to the FSA immediately.

SUP 3.10.8C

See Notes

handbook-guidance
It is the responsibility of an insurance intermediary's senior management to determine, on a continuing basis, whether the firm is an exempt insurance intermediary for the purposes of this requirement and to appoint an auditor if management determines the firm is no longer exempt. SUP 3.7 (amplified by SUP 15) sets out what a firm should consider when deciding whether it should notify the FSA of matters raised by its auditor.

SUP 3.10.8D

See Notes

handbook-rule
An auditor must:
(1) deliver to a firm a draft of its client assets report such that the firm has an adequate period of time to consider the auditor's findings and to provide the auditor with comments of the kind to which SUP 3.11.1 G refers; and
(2) unless it is the auditor of a firm falling within category (10) of SUP 3.1.2 R, deliver to the firm a copy of the final report at the same time as it delivers that report to the FSA in accordance with SUP 3.10.7 R.

Client assets report: requirements not met or inability to form opinion

SUP 3.10.9

See Notes

handbook-rule
If the client assets report under SUP 3.10.4 R states that one or more of the applicable requirements described in SUP 3.10.5 R(1) to (4) has or have not been met, the auditor must specify in the report each of those requirements and the respects in which it has or they have not been met.

SUP 3.10.9A

See Notes

handbook-rule
(1) Whether or not an auditor concludes that one or more of the requirements specified in SUP 3.10.5 R (1) to (4) has or have been met, the auditor must ensure that the client assets report identifies each individual rule in respect of which a breach has been identified.
(2) If an auditor does not identify a breach of any individual rule, it must include a statement to that effect in the client assets report.

SUP 3.10.9B

See Notes

handbook-rule
For the purpose of SUP 3.10.9 R and SUP 3.10.9A R, an auditor must ensure that the information prescribed under those rules is submitted using, respectively, Part 1 (Auditor's Opinion) and Part 2 (Breaches Schedule) of SUP 3 Annex 1 R.

SUP 3.10.9C

See Notes

handbook-guidance
(1) The FSA expects that the list of breaches will include every breach of a rule in CASS insofar as that rule is within the scope of the client assets report and is identified in the course of the auditor's review of the period covered by the report, whether identified by the auditor or disclosed to it by the firm, or by any third party.
(2) For the purpose of determining whether to qualify its opinion or express an adverse opinion, the FSA would expect an auditor to exercise its professional judgment as to the significance of a rule breach, as well as to its context, duration and incidence of repetition. The FSA would expect an auditor to consider the aggregate effect of any breaches when judging whether a firm had failed to comply with the requirements described in SUP 3.10.5 R (1) to (4).

SUP 3.10.10

See Notes

handbook-rule
If an auditor is unable to form an opinion as to whether one or more of the applicable requirements described in SUP 3.10.5 R have been met, the auditor must specify in the report under SUP 3.10.4 R those requirements and the reasons why the auditor has been unable to form an opinion.

SUP 3.10.11

See Notes

handbook-guidance
An auditor may at the firm's request include the matters required under this section in a separate report to that required under section SUP 3.9.

Method of submission of reports

SUP 3.10.12

See Notes

handbook-rule
An auditor of a firm must submit a report under SUP 3.10.4 R in accordance with the rules in SUP 16.3.6 R to SUP 16.3.13 R as if those rules applied directly to the auditor.

Service of Notice Regulations

SUP 3.10.13

See Notes

handbook-guidance
The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 (SI 2001/1420) contain provisions relating to the service of documents on the FSA . They do not apply to reports required by SUP 3.10 because of the specific provisions in SUP 3.10.12 R.

SUP 3.11

Review of auditor's client assets report

SUP 3.11.1

See Notes

handbook-guidance
A firm should ensure that:
(1) it considers the draft client assets report provided to the firm by its auditor in accordance with SUP 3.10.8DR (1) in order to provide an explanation of:
(a) the circumstances that gave rise to each of the breaches identified in the draft report; and
(b) any remedial actions that it has undertaken or plans to undertake to correct those breaches; and
(2) the explanation provided in accordance with (1):
(a) is submitted to its auditor in a timely fashion and in any event before the auditor is required to deliver a report to the FSA in accordance with SUP 3.10.7 R or to the firm in accordance with SUP 3.10.8A R as the case may be; and
(b) is recorded in the relevant field in the draft report submitted to it by its auditor.

SUP 3.11.2

See Notes

handbook-rule
A firm must ensure that the final client assets report delivered to it in accordance with SUP 3.10.8A R or SUP 3.10.8DR (2) is reported to that firm'sgoverning body.

SUP 3.11.3

See Notes

handbook-guidance
The FSA expects a firm to use the client assets report as a tool to evaluate the effectiveness of the systems that it has in place for the purpose of complying with requirements to which SUP 3.10.5 R refers. Accordingly, a firm should ensure that the report is integrated into its risk management framework and decision-making.

SUP 3.11.4

See Notes

handbook-guidance
SUP 3.4.2 R provides that a firm must take reasonable steps to ensure that its auditor has the required skill, resources and experience to perform its functions. The FSA expects a firm to keep under review the adequacy of the skill, resources and experience of its auditor and should critically assess the content of the client assets report as part of that ongoing review.

SUP 3 Annex 1

SUP 3 Annex 1

See Notes

handbook-rule
Auditor's client assets report - SUP 3 Annex 1