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Regulation (2007:1135) If The Annual Fees For The Financing Of Activities By The Financial Supervisory Authority

Original Language Title: Förordning (2007:1135) om årliga avgifter för finansiering av Finansinspektionens verksamhet

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The scope of the



1 §/expires U: 2016-04-01/

This regulation contains provisions relating to annual

fees payable for FSA's activities.

Contributions to finance the activities of

inspection, with the exception of



1. the activities financed under



a) fees regulation (1992:191), or



b) Ordinance (2001:911) if the fees for the examination of

issues with finansinspektionen,



2. the activities carried out under the regulation

(2006:942) on emergency management and preparedness, and



3. activities such as those associated with the coordinating body for

supervision under the Ordinance (2009:92) on measures against

money laundering and the financing of terrorism.



The fees will also finance the part of the Statistical

Central to the Agency's activities relating to the collection and processing

of information to the financial supervision authority pursuant to the Act (2014:484) if

a database for the monitoring and supervision of

financial markets. Regulation (2014:502).



1 section/entry into force: 04/01/2016

This regulation contains provisions relating to annual fees payable for FSA's activities.

Contributions to finance the activities of the inspection with the exception of



1. the activities financed under



a) fees regulation (1992:191), or



b) Ordinance (2001:911) if the fees for the examination of issues with finansinspektionen,



2. such activities to be performed under the Regulation (2015:1052) concerning emergency preparedness and surveillance measures by the authorities responsible at preparedness and Regulation (2015:1053) of total defense and preparedness, and



3. activities such as those associated with the coordinating body for supervision under the Ordinance (2009:92) on measures against money laundering and terrorist financing.



The fees will also finance the part of the central statistical office activities relating to the collection and processing of data to the financial supervision authority pursuant to the Act (2014:484) on a database for the monitoring and supervision of financial markets. Regulation (2015:1062).



section 2 of the charges under this Regulation shall be equal to an

amount equal to the financial supervision authority and statistics

Central Agency's annual costs for the activities referred to in

§ 1 shall be financed through fees.



The fees shall be recognized against income title as

decided in regulatory letters for the FSA.

Regulation (2014:502).



3 §/expires U: 2016-01-01/

Fee is imposed by virtue of provisions laid down by



– section 31 of the Act (1967:531) if securing the pension commitment

accommodation,



– § 73 the repealed Act (1972:262) if

friendly societies,



– 39 § Act (1980:1097) about Swedish skeppshypotekskassan,



– Chapter 6. section 4 of the Act (1991:980) financial instruments trading

instruments,



– Article 13 of the Act (1996:1006) concerning the obligation to respect certain

financial activities,



-10 Cape. section 9 of the Act (1998:293) on foreign

insurers and supplementary pension funds in

Sweden



– Article 10 of the law (1998:710) with certain provisions of

The pension Agency's funded activities,



– Chapter 9 paragraph 1 of the law (1998:1479) on the accounting of financial

instruments,



– Chapter 5. section 8 of the Act (2000:192) if public pension funds

(AP-funds),



-section 26 of the Act (2000:1087) concerning the obligation for certain

holdings of financial instruments,



– Chapter 5. section 7 of the Act (2003:1223) on the issuance of covered

bonds,



-10 Cape. section 11 of the Act (2004:46) about mutual funds,



— Chapter 13. section 16 of the Act (2004:297) on banking and

financing business,



– section 22 of Act (2004:299) of deposit operations,



-section 20 of the Act (2005:377) on penalties for market abuse at

trading in financial instrument,



– Chapter 7. section 7 of the Act (2005:405) on insurance mediation,



– Chapter 7. section 13 of the Act (2006:451) if public

takeover bids on the stock market,



– Chapter 6. 10 of the Act (2006:531) on special

supervision of financial conglomerates,



— Chapter 23. 12 and 13 of the Act (2007:528)

the securities market,



– Chapter 8. section 7 of the Act (2010:751) on payment services,



— Chapter 14. section 16 of the insurance business Act (2010:2043)



– Chapter 5. section 7 of the Act (2011:755) on electronic money,



— paragraph (2012:735) with complementary

provisions of the EU's short selling regulation,



— Chapter 4. section 4 of the Act (2013:287) with supplementary provisions

to the EU regulation on OTC derivatives CCPs and

transaction records,



— Chapter 13. second paragraph of section 15 of the Act (2013:561) on

of alternative investment funds,



– 33 § law (2014:275) if certain activities with

consumer credit, and



– Chapter 9 section 1 of the Act (2014:968) if special supervision of

credit institutions and securities companies. Regulation (2014:997).



3 section/entry into force: 01/01/2016

Fee is imposed by virtue of provisions laid down by



– section 31 of the Act (1967:531) if securing the pension commitment

accommodation,



– § 73 the repealed Act (1972:262) If friendly societies,



– 39 § Act (1980:1097) about Swedish skeppshypotekskassan,



– Chapter 6. section 4 of the Act (1991:980) financial instruments trading

instruments,



– Article 13 of the Act (1996:1006) concerning the obligation to respect certain

financial activities,



-10 Cape. section 9 of the Act (1998:293) on foreign

insurers and supplementary pension funds in

Sweden



– Article 10 of the law (1998:710) with certain provisions of

The pension Agency's funded activities,



– Chapter 9 paragraph 1 of the law (1998:1479) on the accounting of financial

instruments,



– Chapter 5. section 8 of the Act (2000:192) if public pension funds

(AP-funds),



-section 26 of the Act (2000:1087) concerning the obligation for certain

holdings of financial instruments,



– Chapter 5. section 7 of the Act (2003:1223) on the issuance of covered

bonds,



-10 Cape. section 11 of the Act (2004:46) about mutual funds,



— Chapter 13. section 16 of the Act (2004:297) on banking and

financing business,



– section 22 of Act (2004:299) of deposit operations,



-section 20 of the Act (2005:377) on penalties for market abuse at

trading in financial instrument,



– Chapter 7. section 7 of the Act (2005:405) on insurance mediation,



– Chapter 7. section 13 of the Act (2006:451) if public

takeover bids on the stock market,



– Chapter 6. 10 of the Act (2006:531) on special

supervision of financial conglomerates,



— Chapter 23. 12 and 13 of the Act (2007:528)

the securities market,



– Chapter 8. section 7 of the Act (2010:751) on payment services,



— Chapter 17. section 29 and 20. section 10 of the insurance business law

(2010:2043)



– Chapter 5. section 7 of the Act (2011:755) on electronic money,



— paragraph (2012:735) with complementary

provisions of the EU's short selling regulation,



— Chapter 4. section 4 of the Act (2013:287) with supplementary provisions

to the EU regulation on OTC derivatives CCPs and

transaction records,



— Chapter 13. second paragraph of section 15 of the Act (2013:561) on

of alternative investment funds,



– 33 § law (2014:275) if certain activities with

consumer credit, and



– Chapter 9 section 1 of the Act (2014:968) if special supervision of

credit institutions and securities companies.

Regulation (2015:705).



3 section/entry into force: 03/01/2016

Fee is imposed by virtue of provisions laid down by



– section 31 of the Act (1967:531) if securing the pension promise, etc., – § 73 the repealed Act (1972:262) If friendly societies, – 39 § Act (1980:1097) about Swedish skeppshypotekskassan, – Chapter 6. section 4 of the Act (1991:980) on trading in financial instruments, – 13 § law (1996:1006) concerning the obligation to respect certain financial activities,-10 Cape. section 9 of the Act (1998:293) on foreign insurers and supplementary pension funds in Sweden, "section 10 of the Act (1998:710) with certain provisions for Pension Premium pension Authority activities, – Chapter 9 section 27 of the Act (1998:1479) on CSDs and the accounting of financial instruments – Chapter 5. section 8 of the Act (2000:192) if public pension funds (AP-funds), to 26 § Act (2000:1087) concerning the obligation for certain holdings of financial instruments – Chapter 5. section 7 of the Act (2003:1223) on the issuance of covered bonds, and 10 chapter. section 11 of the Act (2004:46) about mutual funds,-chapter 13. section 16 of the Act (2004:297) on banking and finance law, – section 22 of Act (2004:299) of deposit operations, – section 20 of the Act (2005:377) on penalties for market abuse in the trading of financial instruments, – Chapter 7. section 7 of the Act (2005:405) on insurance mediation, – Chapter 7. section 13 of the Act (2006:451) concerning public offers on the stock market, "Chapter 6. 10 of the Act (2006:531) on special supervision of financial conglomerates, – chapter 23. 12 and 13 of the Act (2007:528) securities market, – Chapter 8. section 7 of the Act (2010:751) on payment services, "chapter 17. section 29 and 20. section 10 of the insurance business Act (2010:2043), – Chapter 5. section 7 of the Act (2011:755) on electronic money,-paragraph (2012:735) with additional provisions applicable to the EU's short selling regulation, — Chapter 4. section 4 of the Act (2013:287) with additional provisions applicable to the EU's regulation of OTC derivatives, central counterparties and trade repositories,-chapter 13. second paragraph of section 15 of the Act (2013:561) on alternative investment funds – section 33 Act (2014:275) if certain activities with consumer credit, and to Chapter 9. section 1 of the Act (2014:968) if special supervision of credit institutions and securities companies.

Regulation (2016:77).



Calculation and charging of fees



section 4 of the Charges from the natural persons, companies and


authorities referred to in paragraphs 6 to 18 to give the FSA and

The central statistical Office of full cost coverage for each

fee group, unless otherwise specified in this regulation.

With full cost recovery means that each fee group,

responding to both the direct costs and the share of indirect

costs that can be attributed to the group. With charges group

means a group of natural persons, companies or

authorities referred to in paragraphs 6 to 18. Regulation (2014:502).



5 § for each fee group mentioned in paragraphs 6 and 10 shall

The financial supervision authority may calculate a total amount of

based on the Group's share of the supervisory authority, on the one hand and

Central statistical office costs the preceding

the calendar year and the costs that the inspection and

The central statistical office has calculated for the current

the calendar year.



The financial supervision authority shall allocate the total

the amount of the fee for each fee group 1, 2, 3, and 5 on

the companies included in the group. The balance sheet total at

the end of the last financial year shall be

basis for the distribution. Each company in the group to pay a

fees that are proportional in relation to the company's

size.



The financial supervision authority shall allocate the total

the amount of the fee for fee group 4 on the companies included in the

Group. Each company's share of the time

The FSA added on the group immediately preceding

calendar year should serve as a basis for the distribution. The cost that

cannot be attributed to a single company will be distributed at the

companies included in the group using the same allocation basis

and with regard to the type of activities under section 9.



The minimum fee is $3,000, unless otherwise specified in the

This regulation. Regulation (2014:502).



Charge groups



Main groups



Tariff Group 1 banks and securities companies



section 6 of the Fee calculated in accordance with section 5 shall be paid by the Swedish company,

If they have permission to operate



1. banking business under the Act (2004:297) on banking and

financing business, or



2. securities operations under the Act (2007:528)

securities market and securities companies.



Tariff Group 2-Credit market companies etc.



section 7 of the Fee calculated in accordance with section 5 shall be paid by the Swedish company,

If they have permission to operate



1. activities under the Act (1980:1097) about Swedish

skeppshypotekskassan, or



2. financing business under the Act (2004:297) on banking and

financing business.



The minimum fee to be paid by Swedish skeppshypotekskassan.

Regulation (2011:1179).



Tariff Group 3-Insurance companies, friendly societies and others.



section 8 Fee calculated in accordance with section 5 shall be paid by the Swedish company,

If they have permission to operate



1. activities under the repealed Act (1972:262) if

friendly societies, or



2. activities under the insurance business Act (2010:2043).



The minimum fee is $7 000 for



1. friendly societies that are not institutions for occupational retirement provision,

and



2. local insurance companies that belong to the category of small, local

companies.



Friendly societies which have exemptions (limited supervision)

According to the second subparagraph of paragraph 2 of the repealed Act on

friendly societies and insurance companies which have completely

derogation as referred to in Chapter 1. 19 and 20 of the insurance business law

(2010:2043), should not have to pay any fee.

Regulation (2011:1179).



/Rubriken expires U: 2016-03-01/

Tariff Group 4-central securities depository, exchanges and

clearing organizations



/Rubriken entry into force: 03/01/2016

Tariff Group 4-Exchanges, clearing organizations and central securities depositories



§ 9/expires U: 2016-03-01/

Fee calculated in accordance with section 5 shall be paid by the Swedish

companies, if they have permission to operate



1. activities under the law (1998:1479)

financial instruments,



2. regulated market according to law (2007:528)

the securities market, or



3. clearing operations pursuant to the securities markets Act

or regulation (EU) No 648/2012 of 4 July 2012

OTC derivatives, central counterparties and trade repositories.

Regulation (2013:292).



§ 9/entry into force: 03/01/2016

Fee calculated in accordance with section 5 shall be paid by the Swedish company, if they have permission to operate



1. regulated market according to law (2007:528) securities market, 2. clearing operations pursuant to the securities market, or European Parliament and Council Regulation (EC) No 648/2012 of 4 July 2012 on OTC derivatives, central counterparties and trade repositories, or



3. activities as central securities depository according to European Parliament and Council Regulation (EC) no 909/2014 of 23 July 2014 on improving securities settlement in the European Union and of central securities depositories and amending Directive 98/26/EC and 2014/65/EC and Regulation (EU) no 236/2012. Regulation (2016:77).



Fee group 5 – fund managers



section 10 of the Fee pursuant to § 5 shall be paid by the Swedish company, if they

has permission to



1. push the Fund operations under the Act (2004:46) about

mutual funds, or



2. manage an alternative investment fund under the law

(2013:561) on alternative investment fund managers.



Instead of total assets to the total value

of the funds as a mutual fund company and an aifm

referred to in the first subparagraph, Manager at the end of the

last financial year form the basis for

the allocation under paragraph 5 of the second paragraph.



Aifm which are registered pursuant to Chapter 2. section 3 of the Act on

alternative investment fund managers should pay a

fee of € 1000. Regulation (2013:597).



Insurance intermediaries



section 11 of the insurance broker who is a natural person and

registered pursuant to Chapter 2. 3 or 4 or 5. section 2 of the Act

(2005:405) on insurance mediation shall pay a fee of

2 000 SEK.



Insurance intermediary is a legal person and registered

According to Chapter 2. 3 or 4 or 5. section 2 of the Act on

insurance mediation shall pay a fee of $200 for

any employee who on december 31 immediately preceding years

exercised insurance mediation or such side activities

described in Chapter 2. 5 section 15 Act (2007:528)

securities market for the legal entity's behalf.

Minimum fee for the legal person is $200.



The first and second subparagraphs shall not apply to pay fee

under any other provision of this regulation.

Regulation (2011:1179).



section 12 Insurance companies described in Chapter 2. section 4 of the Act (2005:405)

the IMD should pay a fee of $300.



The first subparagraph shall not apply, if the insurance company should pay

fee under any other provision of this regulation.



Some retirement benefit plans



section 13/expires U: 2016-01-01/

Pension Fund referred to in section 9 Act (1967:531) if

securing the pension commitment, etc. shall pay a fee of

10 000 kr. Regulation (2010:753).



section 13/entry into force: 01/01/2016

Pension Fund referred to in section 9 Act (1967:531) if

securing the pension commitment, etc. shall pay a fee of

13 000 kr. Regulation (2015:705).



Currency exchange, financial activities, payment services and

the issuance of electronic money



section 14 of the natural and legal persons which are notified under

Act (1996:1006) concerning the obligation to respect certain financial

activities shall pay a fee of $300 for physical

people and 13 000 for legal persons.



The first subparagraph shall not apply to the person who shall pay the fee in accordance with the

any other provision of this regulation.

Regulation (2013:1110).



14 a of the Registered payment service providers in accordance with the law

(2010:751) on payment services shall pay a fee of 13 000 kr

for natural persons and 26 000 SEK for legal persons.

Regulation (2012:738).



14 b § legal entities authorized under Chapter 2. 1 §

Act (2010:751) on payment services shall pay a fee of

65 000 kr. Regulation (2012:738).



14 c § Registered publishers under the Act (2011:755) if

electronic money shall pay a fee of 26 000 SEK.

Regulation (2012:738).



14 d § electronic money institutions according to law

(2011:755) on electronic money shall pay a fee of

65 000 kr. Regulation (2012:738).



Deposit operations and certain activities with consumer credit



section 15 companies registered under the Act (2004:299) if

the deposit activity shall pay a fee of £ 25,000.

Regulation (2014:1394).



15 a of the Company authorized under section 4 of the Act (2014:275)

If some activities with consumer credit should pay a fee

of SEK 30,000. Regulation (2014:454).



Some issuers



16 §/expires U: 2016-01-01/

Issuers must apply the provisions of Chapter 16 of the. the law

(2007:528) securities market shall pay a fee of

30 000 kr, if their securities are not admitted

to trading on a regulated market in Sweden after the application of

the issuer itself. Regulation (2011:1179).



16 section/entry into force: 01/01/2016

Issuers must apply the provisions of Chapter 16 of the.

Act (2007:528) securities market shall pay a

fee of 40 000 kr, if their securities are not

admitted to trading on a regulated market in Sweden after

application by the issuer itself. Regulation (2015:705).



Some State agencies



section 17 of the fee which is based partly on the Authority's share of the

FSA expenses the preceding

the calendar year and the costs that the inspection is estimated

for the current calendar year, shall be paid by the



1. pension authority, and



2. the seventh AP Fund.



Minimum fee is $3,000. Regulation (2011:1179).




Foreign companies



section 18 foreign companies must pay the fee according to the following:



1. Insurance providers from third countries as referred to in Chapter 1. paragraph 5 of the

first paragraph 2 Act (1998:293) on foreign

insurers and supplementary pension funds in

Sweden, who runs the insurance business in Sweden through

General agent or branch, shall pay 20 000 SEK.



2. Foreign management companies, with a branch in Sweden, which

referred to in Chapter 1. section 6 of the Act (2004:46) on mutual funds, to

pay $500.



3. Foreign management companies pursuant to Chapter 1. 6 b of the law

If mutual funds are authorized to administer

mutual funds, to pay 7 $500 per fund.



4. Credit institutions from another country within the EEA, with a branch in

Sweden, as referred to in Chapter 4. section 1 of the Act (2004:297) on banking and

financing business, will pay 20 000 SEK.



5. Insurance intermediaries from another country within the EEA, with

branch in Sweden, as referred to in Chapter 3. Article 1, first subparagraph 1

Act (2005:405) on insurance mediation, should pay 3,000

SEK.



6. Insurance intermediaries from third countries as referred to in Chapter 3. section 2 of the

the law on insurance mediation, must pay $500.



7. Foreign investment firm from another country in

The EEA, with a branch in Sweden, as referred to in Chapter 4. section 1 of the first

paragraph 1 Act (2007:528) on securities market

foreign companies, with a branch in Sweden, as referred to in Chapter 4. 4 §

the same law shall pay 20 000 SEK.



8. Foreign company referred to in Chapter 12. Article 9 of the law on

the securities market, which has a licence to operate a

regulated market from the branch in Sweden, will pay 20 000 SEK.



9. Foreign company referred to in chapter 19. section 12 of the Act on

the securities market, which has permission to operate

clearing operations from branch in Sweden, will pay 20 000

SEK.



10. foreign EEA aifm referred to in Chapter 5. section 2 of the

Act (2013:561) on alternative

investment funds, which manages a special fund, shall pay

7 000 per fund.



11. foreign EEA aifm referred to in Chapter 5. section 8

the law on alternative investment fund managers, who

operates from a branch in Sweden, will pay £ 500.



12. Non EEA aifm referred to in Chapter 5. section 11 of the

the law on alternative investment fund managers, who

promoting an alternative investment fund to

retail investors, will pay $300 per

Fund.



13. foreign non EEA aifm referred to in

Chapter 5. section 13 of the law on alternative

investment funds, which operate from the branch in

Sweden, will pay £ 500. Regulation (2013:597).



Fee in some cases



Withdrawal of charge when someone previously has not been under supervision

by the Swedish financial supervisory authority



section 19 of an undertaking to pay the fee by one of

the provisions of §§ 6-10 the first year that it is under

supervision by the financial supervisory authority, must pay the minimum fee.



section 20 If a natural person, a company or an authority shall

pay the fee in accordance with any of the provisions of §§ 11-18 it

the first year that it is under the supervision of the Swedish financial supervisory authority,

and it has not been under supervision from the beginning of the year,

the fee is reduced by reference to the time that the person,

the company or authority has not been under supervision.



Withdrawal of charge when someone ceases to be under the supervision of

The Swedish financial supervisory authority



section 21 of a natural person, a company or an authority

to pay the fee in accordance with any of the provisions of §§ 6-18

ceases to be under the supervision of the Swedish financial supervisory authority during the year,

should the fee be reduced taking into account the time spent by the person,

company or agency subsequently has not been under

supervision.



Withdrawal of charge when any change charges group



section 22 relating to the supervision of a natural person or a company

includes a full year but the basis for the charging of fees under the 6-

18 § § changed during the year, the calculation of the fee is based

at the time that the person or company has belonged to the respective

fee group.



The charging of fees amounting to less than 300 kr



section 23 Of the fee calculated in accordance with section 20 or 21 is

for less than $300, the financial supervisory authority in a single

decide that a penalty should not be imposed.



Payment and settlement



section 24 of the financial supervision authority shall annually determine the amount of the

and by 30 november to any natural person, Corporation

and authority to pay the fee, send an invoice to the

amount to be paid and specify when the fee was last to be

paid.



Fee must be paid by deposit to the account

The Swedish financial supervisory authority specifies on the invoice.



Interest is charged on charges that are not paid in due time,

unless there are special reasons for the delay interest shall.

calculated for the year, according to a räntefot which corresponds to the of

Sveriges riksbank established at each applicable

the reference rate referred to in paragraph 9 of the interest Act (1975:635) with a

the addition of eight percentage points.



The financial supervision authority shall, at the end of each year make a comparison

between the contributions during the year and final costs

for each defined group. The result of this comparison should

be taken into account when the fee for the following year is calculated for the

fee group. Regulation (2012:383).



Reduction of the fee



section 25 if there are special reasons, the financial supervisory authority in a

case-by-case basis, may decide to reduce the tuition.



Appeal



section 26 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court.



Transitional provisions



2007:1135



1. This Regulation shall enter into force on 1 January 2008.



2. The regulation repeals Ordinance (2002:1042) if

annual fees for the financing of financial supervision

activity. The repealed Regulation, however, is still in

ask about the fees relating to the period prior to 1 January

2008.



2010:753



This Regulation shall enter into force on 1 January 2011 in the case of

13 and 18 sections and otherwise on August 1, 2010.



2015:705



1. this Regulation shall enter into force on January 1, 2016.



2. insurance undertakings which at the entry into force of the

continue to carry out activities relating to

occupational pension insurance policies according to point 2 of the

transitional provisions to the Act (2015:700) to amend the

the insurance business Act (2010:2043) does section 3 of its older

version.



2016:77



1. This Regulation shall enter into force on 1 March.



2. Older provisions apply to central securities depository as referred to in paragraph 2 of the entry into force and transitional provisions to the Act (2016:51) amending the Act (1998:1479) on the accounting of financial instruments may continue to pursue such activities referred to therein after 29 February 2016.