Pensions A-Z is a collection of insights to help you further increase your awareness of pensions law.
Search the Pensions A-Z by selecting the first letter of your topic:
Cross Border Schemes: Registering a cross border scheme
The forms for registration as a cross-border scheme come in two parts:
- Authorisation - for a scheme to operate cross-border;
- Approval - for specific cross-border activites.
Trustees may apply for authorisation and approval either together or as two separate applications. But the application for authorisation must be made either at the same time as the application for approval or before it.
The forms can be submitted either before starting to operate as a cross-border scheme or from schemes already accepting contributions. (Forms can be accessed on the Regulator's wesbite.)
Authorisation is a general process; it does not relate to operations in a specific EU member state, and need be obtained only once, no matter how many EU member states or separate employers become involved with the scheme.
Authorisation does not, by itself, allow a scheme to operate cross-border. A scheme can only operate cross-border in accordance with the terms of an approval granted to it.
The authorisation form needs to be signed by all of the trustees. It is not possible to delegate responsibility for signing to one or more of their number. There is no provision in the Regulator’s guidance for delegated signing. However, it is possible for the forms to be submitted in counterpart.
Please note that the trustees need to fill out both parts of this form.
- Part 1 (for the Home state) is retained by TPR;
- Parts 2 and 3 (for the Host state) are sent to the pensions regulator in the EU state in which the UK scheme is planning to operate cross-border. These parts need to be filled out in both English and the language of the country in which the scheme is planning to operate cross-border (as the Pensions Regulator will pass these sections of the form onto the relevant country).
The trustees need to complete one form for each of the Host countries (i.e. each country in which the scheme will operate cross border). For example, if the scheme will have qualifying persons in Sweden, Germany and France, three forms need to be completed with Parts 2 and 3 translated into their corresponding languages. (The only exception is for applications to operate in the Netherlands as the Dutch Regulator accepts applications in English!)
Again, please note that each form must be signed by all the trustees.