Financial Services - Regulatory & Risk
CAT sheathes its claws after final construction appeals
The Competition Appeal Tribunal (CAT) has now handed down its judgment in respect of the final three cases in appeals brought by 25 construction companies against fines levied by the OFT.
Read moreUCIS - unregulated and misunderstood
The FSA's thematic work on UCIS has reached the enforcement stage, demonstrating the FSA's focus on those that misunderstood the promotion rules.
Read moreBribery Act systems and controls - start with a risk assessment
Companies have until 1 July 2011 to put in place anti-bribery systems and controls. There is some confusion though over what this entails.
Read moreFSA fines increase again - more 'crime'? Or just more 'punishment'?
The latest twelve-month figure for the total of FSA fines has risen again.
Read moreLloyds Banking Group – opportunist knocked?
The Independent Commission on Banking, chaired by Sir John Vickers, published its long awaited report yesterday.
Read moreNo 'Red Tape Challenge' for financial services
The Government launched last week its Red Tape Challenge with no mention of financial services regulation.
Read moreOFT Annual Plan – Focus on economic growth
The OFT's Annual Plan for 2011/2012, published on 31 March 2011, set out its priorities for the coming year and in the context of budget reductions of 25% over four years.
Read moreRPC's Financial Services Update - April 2011
Our Financial Services Update (April 2011 edition) is now available. It includes:
Read moreLegal regulation catching up - and fast
Yesterday saw the first publication of the SRA's "Handbook". The adoption of FSA terminology and approach continues.
Read moreWho's watching the London Insurance Market?
As anticipated back in February, the FSA's restructure in anticipation of the new split between the PRA and the FCA came into operation yesterday.
Read moreMoney Advice Service - costs lots of money but provides no specific advice
The FSA today launched its rebranded Moneymadeclear and Consumer Financial Education Body as the Money Advice Service which will cost the industry £43.7m this year.
Read moreFSA warns firms about outsourcing of transaction monitoring
FSA regulated firms must comply with their transaction reporting obligations and ensure adequate procedures are in place to check the accuracy of their reports to the FSA.
Read moreComplaints data is meaningless out of context
Statisticians will say that today's publication by the FSA of its half-yearly complaints data on firms provides a useful insight into firms' behaviours.
Read moreBribery Act guidance finally published
After several refusals, the Bribery Act guidance has finally made it over the fence. The revised guidance should not come as a great surprise to UK plc; least of all to the FSA regulated sector which has been geared up to tackle the risks of bribery and corruption since at least 2009 and the FSA's thematic reviews in this area.
Read moreCMCs exposed to FOS and FSA attack under MoUs with CMR
The Memorandum of Understanding (MoU) published last week between the FOS and the Claims Management Regulator (CMR) may help respondent firms to deal effectively with perceived misconduct by CMCs.
Read moreLack of controlled IT function - glitch delays FSA implementation of Approved Person rules
The FSA announced last week it was delaying the implementation of its new rules on Controlled Functions because it had been unable to complete the necessary changes to its Online Notifications and Applications (ONA) system to process the new Controlled Function applications and notifications.
Read moreFSA lays down law for CASS audits
The FSA has turned its concerns about auditors' client assets reports into action with new rules and a clear policy statement. Client assets will remain a regulatory priority.
Read moreBudget 2011: Focus on tax relief and avoidance / evasion
As anticipated, this week's budget has targeted high net worth (HNW) individuals through its clampdown on tax relief and avoidance schemes.
Read moreCAT mauls OFT's fining policy
The OFT suffered a significant setback when the Competition Appeal Tribunal (CAT) recently handed down its judgment on appeals by construction companies against fines levied by the OFT, undermining its 'minimum deterrence threshold'.
Read moreWhat is suitability?
Many mis-selling claims turn on whether or not the investment recommended was suitable.
Read moreBIS Consultation on 'A Competition Regime for Growth' – evolution or revolution?
BIS has published for consultation detailed proposals on the reform of the competition regime in the UK.
Read moreUnravelling trust transactions: advisers in the firing line
Advisers can no longer expect trustees to mitigate unexpected losses by unravelling transactions under the Re Hastings Bass principle, leaving those advisers exposed to negligence claims.
Read moreAnother victim of the FSA's CASS crusade
The FSA today issued a Final Notice against ActivTrades Plc, a foreign exchange broker, that has been fined £85,754 for CASS breaches committed even after the high profile run of CASS cases in June last year.
Read moreGamekeeping, poaching and revolving doors
Following on from Steven Francis' comments on the need for the FSA to appreciate the benefits of a revolving-door policy to its recruitment and retention of quality regulators,...
Read moreTSC grills FSA on RDR
Before the 9 March Treasury Select Committee (TSC) hearing on the RDR, Conservative MP Mark Garnier had promised to give FSA chief executive Hector Sants and chairman Adair Turner "hell".
Read moreDamning criticism of the FSA - by the Chief Executive of the FSA
In his recent speech on the new regulatory framework, the FSA's Chief Executive, Hector Sants, provided a damning critique of the FSA's past approach to consumer protection, effectively conceding the failure of the FSA's headline TCF initiative.
Read moreFinality. Finally? Don't hold your breath…
Giving evidence to the Treasury Select Committee yesterday, FSA chief executive, Hector Sants conceded that the regulator is willing - if the Committee recommends - to re-examine whether a 15 year long-stop time bar should apply to financial services complaints.
Read moreGamekeepers and poachers should be friends
We noted in August 2010 that staff were leaving the FSA in record numbers after the general election, including all three managing directors.
Read moreFuzzy-matching and the sanctions regimes
Given the ongoing political unrest in the Middle East and the speed at which individuals, entities and entire regimes can be added to HM Treasury and OFAC's consolidated sanctions lists (most recently, Libya and Tunisia), ...
Read moreKaupthing arrests: will advisers be liable regardless?
The dramatic news today about dawn raids and nine arrests made by the SFO in London and Reykjavik at the culmination of a year-long investigation into Kaupthing's collapse will, regardless of the outcome of the criminal enquiries, have little bearing on any liabilities faced by advisers for complaints from clients who lost money in the collapse of the Icelandic bank.
Read moreGoing, going, gone concern
The Chief Executive of the FSA in a recent speech has talked about how the new FCA will approach prudential regulation of those firms for which it is responsible. This includes all insurance brokers.
Read moreThe FSA's last risks warning
The new FCA's focus will be 'conduct risk', "that is, the risk that firm behaviour will result in poor outcomes for customers."
Read moreOFT promises faster enforcement kick off
The OFT has published final Guidance setting out its process and procedures when undertaking Competition Act investigations.
Read moreEqual treatment means just that – ECJ confirms invalidity of derogation from Gender Directive
In a landmark judgment published today, the ECJ ruled that insurers cannot charge different premiums to women and men based on gender. As anticipated by us and the UK insurance market, the ECJ has agreed with the Advocate General's recommendations in the Test-Achats case.
Read moreGender Directive: will Sheilas' Wheels stop rolling?
The insurance industry anxiously awaits the European Court of Justice (ECJ) judgment in the Test-Achats case expected today.
Read morePublication of enforcement action: only after Warning Notice but still a bad idea
On Thursday morning last week, I caused a stir with my reaction to the leaked news (in an FT interview) about the new FCA's planned approach to publication of enforcement cases.
Read moreA slightly happier ending for non-deliberate market abuser
I wrote on 2 February about David Massey and his partial success before the Tribunal.
Read moreSection 404 and the single firm
When the FSA decided against turning the endowments and PPI mis-selling problems into formal s.404 reviews (akin to the Pensions Review), it was assumed s.404 would remain in the regulatory tool-box; an idle threat that the FSA would struggle to put into action.
Read moreLloyds Bank's £500m problem is the first 'single firm consumer redress scheme'
Lloyds Bank announced today that it has agreed an estimated £500m 'customer review and contact programme' relating to potentially confusing information about the Halifax standard variable mortgage rate between 2004 and 2007.
Read moreFSA does its little bit to help the Middle East
Political instability in any country can result in sudden cash or asset movements out of the jurisdiction.
Read moreFSA avoids April Fool!
The FSA has announced that it will begin the process of reorganisation to create a new prudential business unit and consumer and markets business unit on 4 April.
Read moreMeteor hit by arbitrary FOS decision
The industry press has reported that Meteor Asset Management had a complaint upheld by FOS about advice on Lehmans structured products because they apparently failed to disclose the downgrade in credit rating (to below Standard & Poor’s A+ grade) and, consequently, the advice was unsuitable thereafter.
Read moreA victory for financial services firms who play by the rules
In the recent case of Michael Duthie Wilson, PS Trustees Ltd v MF Global UK Limited, GNI Limited (In Members' Voluntary Liquidation) [2011] EWHC 138 (QB) it was held that financial investment brokers had complied with the COB rules when the Claimants as 'intermediate customers' and were not liable for trading losses suffered by them.
Read moreExtended warranty cover plans in breach of s.19 FSMA
The FSA's recent action in Re Digital Satellite Warranty Cover Ltd to wind up companies with 'public interest' petitions for carrying on insurance business without FSA authorisation, in breach of the general prohibition in s.19 FSMA, demonstrates its willingness to take robust action to tackle those who attack the perimeter by engaging in regulated activities without authorisation.
Read moreAn innocent crime? FSA's fine for market abuse halved by Upper Tribunal
The Upper Tribunal has ruled that the FSA was too harsh when fining a former banker for market abuse.
Read moreThe FSA sets new standards of professionalism
The FSA's Policy Statement on professionalism (part of the RDR) was published on 20 January 2011.
Read moreLegal Ombudsman swamped by complaints against claims management companies (CMCs)
The Legal Ombudsman, which launched in October 2010 under rules similar to the FOS' DISP regime, recently reported to a professional negligence conference that some 20,000 enquiries were received in its first few months.
Read moreNick Clegg champions FoI at FOS
In a speech today, Nick Clegg championed freedom of information (FoI) at the FOS:
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