Funeral Plans

From July 2022, the FCA will start regulating firms that provide and arrange pre-paid funeral plans. A pre-paid funeral plan allows customers to pay upfront or in instalments for a funeral. These plans may help protect customers against rising funeral costs and help relieve the financial burden on their families.

As a matter of urgency, all firms currently operating within the sector must consider how FCA regulation impacts their business and begin to make the necessary preparations.

Before September 2021, firms need to apply directly to the FCA for authorisation or, if available and preferred, seek to become an Appointed Representative (see below). Applications made after the 1st of November 2021 may incur a higher fee, so we recommend being prepared to submit your application as soon as the system opens. Contact us to see how MEMA can help you prepare and comply with the FCA’s requirements.

You should also be aware of the FCA’s rules and expectations for authorised firms and make the necessary preparations to ensure that those standards can be met once you are authorised. Realistically, this means that firms should begin preparing now in order to ensure that an application is submitted before September 2021.

For those seeking to become Appointed Representatives (other than Introducer Appointed Representatives), there are also considerations in terms of solvency, suitability and whether the Appointed Representative is capable of being effectively supervised by the Principal. This does not apply to Introducer Appointed Representatives. If this is something you would like to explore, contact us to see how we can help you prepare to be onboarded by a Principal Firm.

Firms that do not become an Appointed Representative, or do not apply to the FCA for authorisation, or do apply but do not satisfy the FCA’s standards and requirements, must cease trading in relation to funeral plan activity. Cessation of this activity is required to be achieved in an orderly way and should take effect before July 2022.

The FCA’s rules are currently in draft form during the consultation period which closes on the 13th of April 2021. Whilst these rules are still subject to change, we recommend making the necessary considerations for your business to prepare for this change of regulation. Funeral plan providers and intermediaries will also be subject to the FCA’s supporting rules and requirements, including those brought in under the Senior Managers & Certification Regime.

Appointed Representatives and Principal Firms

If you have been directly authorised by the FCA, you are permitted to onboard Appointed Representatives where you have successfully applied to the FCA for a firm to be authorised for this purpose. Under this form of arrangement, you would act and be known as a Principal Firm. An Appointed representative is a firm that utilises the Principal firm’s authorisation to conduct the same activity/activities as the Principal Firm and with the Principal firm’s oversight.

This arrangement can go both ways, and if you do not want to be directly authorised by the FCA, you may seek out a principal to appoint you as their Appointed Representative. Once appointed, you would be able to conduct a regulated activity without being directly authorised. However, you are answerable to your Principal and often this means an ongoing financial cost.

Onboarding Appointed Representatives requires significant planning and consideration in order to satisfy the FCA’s rules and before an application can be made to the FCA. Principal Firms must also be certain that they meet the FCA’s Threshold Conditions before any such appointment and in order to act as a Principal Firm. MEMA is well versed with these obligations. Contact us to see how we can help.

How can MEMA help you?

If you are unsure about how this change may impact your firm, you can speak with MEMA for a consultation today. We can look at your business and assess what it is you are doing, and if this change affects you. If it does, we can help you to prepare for FCA authorisation, including preparing your application to the FCA and giving you the benefit of our knowledge and experience of FCA regulation to help ensure you have the best chances of obtaining FCA authorisation or to perhaps prepare to be onboarded as an Appointed Representative. Once authorised, we can also help you on an ongoing basis thereafter, providing you with the guidance and support you need to stay informed and confident in your approach.

FCA Authorisation

If you are looking to become authorised by the FCA, MEMA can help.

Each applicant who works with MEMA is assigned a dedicated Regulatory Adviser who will support you throughout your application, answering queries you may have relating to the application and providing you with guidance and support.

The process starts with a fact find between yourself and one of our Regulatory Advisors where we’ll get to know you and your business and how you intend to provide your services.

We will provide you with advice and guidance on how to comply with the FCA’s requirements and identify any risks.

We will then produce for you a series of documents to support your application and help ensure that you become authorised. These documents include a Regulatory Business Plan and Compliance Monitoring Plan. We also produce a compliance manual for you containing documentation for you to implement into your business upon authorisation to help enable you to comply with the FCA’s requirements.

An online application will then be completed along with all relevant forms, which will then be submitted to the FCA. Should there be any FCA questions, your Regulatory Adviser will work with you to draft a full response.

In short, we’re here for our clients every step of the way. We provide our clients with the benefit of our knowledge and experience to not only help ensure that your application is successful, but that your business has the right foundations to ensure positive customer outcomes.

Ongoing FCA Compliance

As an FCA authorised person or firm, you might need help to ensure you comply with the FCA’s rules.

We provide our clients with support they need to maintain compliance and avoid breaching the rules. Our bespoke service is individually tailored to each of our client’s requirements and objectives to help them meet in the best way possible.

Whether you need documentation to help you remain compliant, want ongoing advice or support, impartial monitoring of your activities or anything else, MEMA may be able to help.

Why Choose MEMA?

Get started!

MEMA has been supporting firms through the FCA compliance process since 2019. In that time, we have helped hundreds of businesses to successfully gain and retain FCA authorisation.

We have a unique blend of experience from ex-regulators, big 4 consultants and fin/regtech specialisation. Our team is highly experienced and expertly skilled. We specialise in providing our clients with solutions to often complex regulatory requirements and compliance needs.

Our unique industry insight and comfort with compliance enables our team to support you to the fullest extent possible, helping to develop your business model and compliance.

Contact us

December 29, 2022

What is the Appointed Representative Regime?

In this series of articles, MEMA will break down what is the Appointed Representative Regime and what steps your organsiation will need to take.

More about us

November 23, 2022

FCA's new rules on Appointed Representative Regime

Changes to the Appointed Representatives regimes will take effect from 08 December 2022. The final rules were published in the Financial Conduct Authority’s policy statement to improve the appointed representative's regime.

More about us

April 25, 2022

What to take away from the FCA's Business Plan 2022-2023

The FCA has released its new business strategy for the next 12 months.

More about us

Insights

February 16, 2023

Consumer Credit Reforms - Are they long overdue?

The Consumer Credit Act 1974 (CCA) is a significant piece of legislation that regulates credit agreements, such as personal loans, overdrafts, and credit card purchases. However, the CCA has undergone numerous changes over the years, resulting in a fragmented and complex consumer credit framework that is difficult to navigate.
More about us
February 6, 2023

5 Steps for Conducting Effective Compliance Control Monitoring for Financial Firms

Compliance control monitoring is a crucial aspect of maintaining regulatory compliance for financial firms. The Financial Conduct Authority (FCA) requires firms to have robust controls and monitoring systems in place, and it is up to individual firms to implement these measures effectively. In this article, we will discuss the steps that firms can take to conduct compliance control monitoring.
More about us
July 4, 2022

What is an FCA Final Notice

If you follow regulatory news, you will understand the FCA releases news of final notices and fines issued on firms and individuals that have breached its rules.
More about us
April 11, 2021

Planning for FCA Authorisation

In this article, we briefly cover how long to expect when firms are submitting their applications for authorisations to the Financial Conduct Authority (FCA).
More about us

Navigate the New Financial Crime Landscape with FCA's Updated Guide and MEMA Consulting's Expertise

In response to evolving regulatory landscapes and recent global events, the Financial Conduct Awareness (FCA) has unveiled proposed updates to its Financial Crime Guide, CP24/9. The revisions aim to enhance sanctions systems, address proliferation financing, and refine transaction monitoring with a focus on modern technologies like Artificial Intelligence and cryptoassets. With these updates, the FCA seeks to fortify financial crime prevention measures and ensure firms are well-equipped to meet new challenges. As firms adapt to these changes, MEMA Consulting stands ready to offer expert guidance and tailored support, helping businesses align with FCA's stringent standards and navigate this complex regulatory terrain effectively.
More about us
June 27, 2022

Credit Broking- a brief FCA guide

At MEMA, we believe in upskilling our readers and clients as much as possible. We will be releasing brief explanations into Financial Conduct Authority (FCA)-regulated areas, so you can understand quickly what are the requirements in that area. Our first area will be Credit Broking.
More about us
April 25, 2022

What to take away from the FCA's Business Plan 2022-2023

The FCA has released its new business strategy for the next 12 months.
More about us
January 20, 2023

FCA's Portfolio Strategy on Claims Management Companies: A Detailed Compliance Guide for CMC Firms

The Financial Conduct Authority (FCA) recently released its Portfolio Strategy on Claims Management Companies (CMCs) outlining its approach to regulating this sector and identifying key risks.
More about us
October 12, 2021

Understanding the Regulatory Landscape

At MEMA, in discussions with our customers (current and prospective) we identified a common theme, understanding the regulatory landscape is problematic and requires clearer descriptions aid understanding.
More about us
April 11, 2021

Preparing for your annual FCA Reporting Requirements

Your firm is due to submit its regulatory return(s) within 30 business days of your Accounting Reference Date. Reporting requirements apply to all firms with permissions to carry on regulated claims management activities, including firms with temporary permissions.
More about us
October 15, 2021

The FCA Register

As an institution with financial services activities, you are likely to require authorisation by the FCA.
More about us
January 7, 2022

FCA Fee Cap on CMCs

You will be aware that the FCA’s price cap is coming into existence on 1 March 2022. As a quick primer, this means there will now be five redress bands with a maximum fee charged per band.
More about us
November 10, 2024

The Importance of Timely Disclosure: Lessons from the FCA's £350,000 Fine on Wise CEO

Discover how Wise CEO Kristo Käärmann's failure to notify the FCA of significant tax issues led to a substantial fine. Learn key compliance lessons for financial firms from MEMA Consultants.
More about us
December 19, 2022

What is the Senior Managers & Certification Regime ?

The Senior Managers and Certification Regime (SM&CR) replaces the Approved Persons Regime (APR) which is how the FCA used to regulate people working in financial services.
More about us
July 26, 2021

Regulation of the funeral plan market

On 5 July 2021, the Financial Conduct Authority (FCA) launched a consultation (CP21/20) on its proposals for regulating the pre-paid funeral plan sector. This is part of an extensive regulatory change in the pre-paid funeral plan market. Under the proposals, the FCA will take over regulation from the Funeral Planning Authority (FPA) on the 29th July 2022.‍
More about us

Your key contacts

ADEMOLA OMOSANYA

Ademola is an accomplished consultant with over a decade of experience across regulation, banking, and consumer credit. As MEMA Consultants co-founder, he leverages extensive regulatory expertise to guide clients through critical processes and full compliance. His experience across sectors enables tailored solutions to complex business challenges. Ademola partners with clients as a strategic advisor to help futureproof their business through an in-depth understanding of the regulatory landscape.

MISAH MARAGH

Misah is a director at MEMA Consultants with over a decade of experience in financial services. Holding a legal background and postgraduate qualification, she previously worked at the Financial Conduct Authority. Misah has led compliance transformation for global consumer services organisations across Europe, the Caribbean, and Latin America. Her expertise includes implementing compliance frameworks for financial regulations, FCPA, UK Bribery Act, data privacy, and Sarbanes-Oxley. Misah is skilled at advising clients on operational and strategic projects, leveraging her in-depth knowledge of regulatory environments to deliver solutions tailored to complex business needs.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Funeral Plans