General Insurance Pricing Rules – Compliance with ICOBS 6B Attestation

The FCA is requesting that firms who have general insurance permissions (and premium finance providers), complete an online survey in relation to compliance with ICOBS 6B attestation. The deadline for submission is 31 March 2022, and attestation will need to be made by all firms who operate with the above permissions on a periodic basis. The first attestation is done via an online survey whilst future attestation will be linked to RegData.

Some firms have asked us if the email they have received is really from the FCA. The FCA has confirmed that the online survey is genuine and the email firms will receive will look as follows:

“Firm Name: xxxxx
FRN: xxxxx

For the attention of the Senior Manager attesting compliance with the Pricing Rules under ICOBS 6B (published in PS21/5 and updated in PS21/11) or notifying that the Pricing Rules do not apply

Attesting compliance with the requirements in ICOBS 6B effective 1 January 2022

Please find a link to the attestation which your firm must complete by 31 March 2022 as required by ICOBS 6B.2.60R. If your firm does not carry out any pricing activities as described in ICOBS 6B.1.1R, then you are requested to provide a nil response as set out below under s165 FSMA.

This Qualtrics survey relates to the attestation requirements for firms setting the price for all products in scope of ICOBS 6B. All firms that receive this survey must submit a response.

This attestation is being sent to all firms with general insurance permissions and premium finance providers. If your firm sets the price for any of the following, then it is required to attest whether it has complied with the pricing rules under ICOBS 6B.

  1. Home insurance
  2. Motor insurance
  3. Add-ons sold alongside home insurance (excluding premium finance)1
  4. Add-ons sold alongside motor insurance (excluding premium finance)1
  5. Premium finance sold alongside home insurance
  6. Premium finance sold alongside motor insurance
  7. Fees – by charging a fee at renewal for home insurance2
  8. Fees – by charging a fee at renewal for motor insurance2
  9. Incentives – by giving cash or cash-equivalent incentives to new business customers and is involved in the renewal of products in scope of ICOBS 6B

We request [under s165 FSMA] all general insurance firms and premium finance providers which are not subject to the rules in ICOBS 6B to submit a nil return as confirmation that your firm does not undertake any pricing activity in relation to all products in scope of ICOBS 6B. To submit a nil return, please select “10. None of the above” and provide the details of the senior manager of the firm responsible for providing the information.

Please note that every firm that is subject to the rules in ICOBS 6B must provide this attestation. Failure to do so will result in a breach of ICOBS 6B.2.60R. We will consider all our regulatory tools to take appropriate regulatory action to ensure that your firm complies with the attestation requirements.

Please also note that, in line with Principle 11 and SUP 15.3.11R, your firm must promptly notify us should it not be compliant with the pricing rules under ICOBS 6B from the effective date of 1 January 2022.

We are using Qualtrics for this first attestation only. All subsequent attestations will be conducted using Reg Data.

What we require from you

Please provide all the applicable information requested in the attestation. Please ensure that you submit your response once you have completed all the relevant information. If you have any questions, please contact us at GIPricingPractices@fca.org.uk.

If the survey does not open, you can copy and paste the link below into a web-browser.

https://www.onlinesurveys.fca.org.uk/jfe/form/SV_4ORAYUpgRu2cE98?Q_DL=XMJpS9MnxroQFa9_4ORAYUpgRu2cE98_CGC_VEON5YdyU0mYU7k&Q_CHL=email

If helpful, you can view a PDF version of the attestation here prior to completing it.

Please note that we cannot accept a PDF/printed response.

Please ensure that you submit your response by 31 March 2022 as required by ICOBS 6B.2.60R.

Our guidelines on confidentiality

Where the information that we receive from your firm is confidential as defined in section 348 of FSMA, it will be treated as such. Section 348 limits the FCA’s ability to disclose confidential information.

We will not be able to disclose confidential information unless:

  • the information is already lawfully publicly available
  • we have the consent of the person who provided the information and, if different, the person to whom it relates
  • the information is published in such a way that it is not attributable to a particular person (for example, if it is anonymised or aggregated), or
  • there is a ‘gateway’ permitting this disclosure.

If you are concerned about phishing emails and scams or if you have any questions or concerns about the attestation, please call us on 0300 500 0597 from the UK, or +44 207 066 1000 from abroad (we are open Monday, Tuesday, Wednesday and Friday 9am to 5pm and Thursday 9.45am to 5pm) or via email at firm.queries@fca.org.uk.

Regards

Financial Conduct Authority”

Important Note: ATEB news is intended to provide general information ONLY. The content, including any views expressed or guidance provided, does not replace the need to comply fully with FCA Rules and Guidance. Unless you have discussed news article content with ATEB, and specifically how it relates to your circumstances, then ATEB disclaims all liability and responsibility and actions arising from any reliance placed upon it. For the avoidance of doubt therefore, any reliance you place on such information without our consultation is at your own risk.

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About the Author

Paul is a Chartered Financial Planner and is well on his way to a Fellowship. He has a thirst for technical knowledge and, while he advises on all aspects of financial services regulation, he specialises in pensions and investments.

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