FCA authorisation

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Discussion

Output Flange

Original Poster:

16,798 posts

211 months

Tuesday 16th September 2014
quotequote all
I'm trying, but so far failing, to find a definitive answer on whether my company needs to be authroised by the FCA.

The intention is that we'll be introducing companies to a third-party credit firm, who will provide credit facilities for purchases from us.

However, we'll only be dealing B2B, and won't be offer the credit facility ourselves.

From what I've read on the FCA site, our activity falls under Credit Brokerage, but outside the Consumer Credit Agreement, and so don't need to be authorised.

Does anyone have a bit more knowledge on the subject and could shed some light?

Thanks.

hedges45

7 posts

119 months

Tuesday 16th September 2014
quotequote all
I took legal advice on this two years ago from a solicitor. I was going to set up a business providing loans to limited companies, with a PG taken from directors.

My legal advice concluded that FCA regulation/ consumer credit licence was NOT required as they were solely B2B transactions.

Hope that helps.

sumo69

2,164 posts

220 months

Tuesday 16th September 2014
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Have you rung the FCA helpline and asked their opinion?

David

Mojooo

12,720 posts

180 months

Tuesday 16th September 2014
quotequote all
Under the CCA 74 brokerage to 'individuals' is covered - this covers consumers, sole traders and aprtnerships up to 3 people i believe.

It does nto cover limited companies - as long as you are limiting it to limited companies you should be outside the scope of the CCA and not beed authorisation for credit.

That said if you offer other financial services you may need authorisation for soem other reason.

Output Flange

Original Poster:

16,798 posts

211 months

Tuesday 16th September 2014
quotequote all
Thanks all - seems to be in line with what I thought / have read.

I did contact the FCA but as ever, their guidance was a bit woolly to say the least.

We'll only be dealing with companies over a certain size, and that size will be more than 5 staff!

Mojooo

12,720 posts

180 months

Tuesday 16th September 2014
quotequote all
The CCA applies does not apply to LIMITED COMPANIES

It does apply to other businesses though - that may include a partnetrship with 2 people but 50 staff - so you need to know who your customer is

Kudos

2,672 posts

174 months

Wednesday 17th September 2014
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ring them, they are very helpful and don't bite

Arif110

794 posts

214 months

Thursday 18th September 2014
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Output Flange said:
I'm trying, but so far failing, to find a definitive answer on whether my company needs to be authroised by the FCA.

The intention is that we'll be introducing companies to a third-party credit firm, who will provide credit facilities for purchases from us.

However, we'll only be dealing B2B, and won't be offer the credit facility ourselves.

From what I've read on the FCA site, our activity falls under Credit Brokerage, but outside the Consumer Credit Agreement, and so don't need to be authorised.

Does anyone have a bit more knowledge on the subject and could shed some light?

Thanks.
This is what I do as a consultancy (Regulatory permissions), after nigh-on ten years as an FSA Authorisations Case Officer.

As optimistic as all the advice to 'call them' is - you'll be lucky to get anything more than a pat answer to even a simple question, and anything that requires any sort of thought over the question - will find you advised to find a solicitor or Regulatory adviser! It's partly why I left them - I was more use on the outside, to the outside world.

So - all the advice above from the others is of course correct. Note that the Consumer Credit Act 1974 has in effect been abolished/dissolved - replaced by augmentations to FSMA 2000, with a dedicated section of the FCA Handbook, called 'CONC'.

The only factor I will ask you to expect - is what I call 'stakeholder-led' requirement for a licence of some sort. Increasingly, the various Lenders' compliance departments are deciding that the best way to demonstrate to the Regulator that they take compliance seriously - is only to do business with FCA licenced firms. So you may not need a licence, but business circumstance dictates that you do. Further - if you do the obvious and then apply for said licence, telling the Regulator why you're applying for it - it will be Refused.

You have to have a valid basis for applying for the licence - or in other words, found where your business just nips the 'Perimeter'. A good consultant would assist with analysing your business as against that Perimeter, and point out where and how there is a breach or risk of a breach - leading to the need for a licence.


Arif



Edited by Arif110 on Thursday 18th September 23:45