REGULATORY
The FCA Wants to Scrap the Certification Regime
The FCA has put the Certification Regime on the table for removal. CP26/37, the second phase of its SM&CR review, proposes retiring the Directory of certified and assessed persons, ending ongoing submission of Statements of Responsibilities and Management Responsibilities Maps, removing certain Senior Management Functions, raising the thresholds that pull firms into the Enhanced regime, and raising breach reporting thresholds. Comments close on 22 January 2027 and the FCA expects a Policy Statement in the first half of that year.
For a broker or MGA, the Certification Regime has meant an annual exercise in assessing fitness and propriety across everyone performing a certification function, issuing certificates, and keeping the Directory current. Losing all three removes a recurring administrative burden that has never sat comfortably in firms with small HR functions and a lot of client-facing staff.
Read the proposal carefully before celebrating. The FCA is proposing to remove the machinery, and nothing in the paper removes a firm’s obligation to make sure the people giving advice and handling client money are competent to do it. The Conduct Rules stay. The Threshold Conditions stay. Supervisors will still ask how a firm satisfied itself that a particular account executive was fit for the role, and a firm that responds by saying the certification process went away will have a short conversation.
The timing deserves a mention. The FCA extended the Conduct Rules on 1 September 2026 to bring serious bullying, harassment and violence formally within scope, and followed with a multi-firm review of non-financial misconduct at wholesale brokers in October. Firms are therefore being asked to document more about individual behaviour at the same moment the regulator proposes to dismantle the annual process most of them built to document individual competence. Those two things need to meet somewhere in the middle, and the firms that think about where before January will write a better consultation response.
Compliance teams have a practical question to settle in the meantime. If the Directory disappears, how will your firm evidence to a client, a capacity provider or a prospective employer that an individual was certified and when? The public register has been doing that work quietly for years. Something will need to replace it internally, and building that record is easier while the current one still exists.