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Certification Regime (Certification Regime under SM&CR)

The Certification Regime is the element of SM&CR covering employees who are not senior managers but whose roles could pose significant harm to the firm or its customers. Firms must assess these individuals as fit and proper and issue a certificate confirming this at least annually, under section 63E of FSMA 2000.

The Certification Regime is the second pillar of the Senior Managers and Certification Regime (SM&CR). It applies to employees who are not senior managers but whose roles could cause significant harm to the firm or its customers, for example traders, customer-dealing staff and material risk takers. The FCA does not pre-approve these individuals; instead, the firm must assess and certify their fitness, shifting the gatekeeping responsibility onto the firm itself.

How certification works

Section 63E of FSMA 2000 requires a firm to issue a certificate to each person performing a certification function, confirming that the firm is satisfied the individual is fit and proper. The certificate must state the function the person performs and is valid for a maximum of 12 months, so firms must reassess and recertify annually. The fitness assessment applies the criteria in the FIT sourcebook (honesty and integrity, competence and capability, and financial soundness) and is supported by regulatory references obtained under SYSC 22.

Which functions are caught

The significant-harm functions are set out in SYSC 27 of the FCA Handbook. They include the CASS oversight function, proprietary and algorithmic traders, client-dealing functions, material risk takers, and managers who supervise certification staff, among others. The exact set depends on a firm’s regulated activities and permissions, so firms must map their roles carefully to identify everyone who requires certification.

Why it matters

Because the firm carries the certification responsibility, weaknesses in assessment or recordkeeping expose it to FCA criticism and enforcement. Firms must operate a robust annual cycle, retain evidence of each assessment, and train managers on how to evaluate and recertify their staff.

SM&CR, fit and proper test and Senior Managers Regime.

Frequently asked questions

What is the Certification Regime?
The Certification Regime is the part of SM&CR covering staff performing a 'significant-harm function' (a certification function) who do not require regulator approval as senior managers. Under section 63E of FSMA 2000, the firm itself must assess each such person as fit and proper and issue a certificate, renewed at least every 12 months, confirming they are suitable to perform the role. Unlike senior managers, certification staff are not pre-approved by the FCA.
Which roles fall within the Certification Regime?
Significant-harm functions are listed in SYSC 27 and include, for example, CASS oversight, proprietary traders, the functions previously covered by the customer-facing qualification requirements, material risk takers, algorithmic trading, client-dealing functions, and anyone who supervises or manages a certification employee. The precise set depends on the firm's permissions and activities.
Who is responsible for certification: the firm or the regulator?
The firm is responsible. The Certification Regime deliberately places the assessment burden on firms rather than the FCA: there is no regulator approval for certification staff. The firm must carry out and evidence the fit and proper assessment, obtain regulatory references under SYSC 22, and issue and renew the certificate annually, retaining records to demonstrate compliance to the FCA on request.

Reviewed by Margaret Hassett

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