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The Regulation of Financial Services
Gaps 1-3
Financial Services, Regulation & Ethics
Resources Compliance (UK) Ltd
Gaps 1-3
2
The UK financial services industry:
1. Additional oversight - senior management, external compliance support
services
2. FSMA 2000
3. Role of the FSA, HM Treasury and the Bank of England in regulating
markets
HM Treasury
4
Runs UK Government’s financial and economic policy
Raise the rate of sustainable growth
Maintain financial stability
Work on financial contingencies
Bank of England
5
UK’s central bank
Core purposes
Monetary stability
stable prices: inflation target
confidence in the currency
Financial stability
detecting and reducing threats
acting as the lender of last resort.
Financial Services Authority
6
Sole UK financial services industry regulator
Independent body
Powers under FSMA 2000
Regulates most financial services markets, exchanges and firms
Created 2001 from SIB, PIA, SFA, IMRO , DTI, BofE, BSC, FSC & others
FSA: Statutory objectives
7
The FSA has been given a wide range of rule-making, investigatory and enforcement powers in order to meet four statutory objectives:
Market confidence;
Financial stability;
Consumer protection; and
Reduction of financial crime.
FSA: Principles of good regulation
8
The FSA is also obliged to give regard to the principles of good regulation which involve awareness of:
Efficiency and economy;
Role of management;
Proportionality;
Innovation;
International character;
Competition; and
Public awareness.
FSA: Strategic aims
9
The FSA summarises its statutory objectives and principles of good
regulation in three strategic aims:
Promoting efficient, orderly and fair markets;
Helping retail consumers achieve a fair deal; and
Improving their business capability and effectiveness.
A peek into 2013
10
New ‘twin peaks’ regulatory structure:
Financial Policy Committee
Prudential Regulation Authority
Financial Conduct Authority
National Crime Agency
2. Financial Services & Markets Act 2000 “FSMA”
11
The objective of FSMA was to bring together the regulation of all sectors of the financial services industry under one regulatory system.
Previously, different parts of the financial services industry were regulated under different Acts.
2. Financial Services & Markets Act 2000 “FSMA”
12
Consolidation under one regulator of:
Banking Act 1987;
Building Societies Act 1986;
Friendly Societies Act 1992;
Insurance Companies Act 1982;
Financial Services Act 1986
Scope of FSMA 2000
13
Financial Services & Markets Act 2000 (Regulated Activities Order) 2001 “RAO” - as secondary legislation - lists:
Regulated Activities (Part II)
Specified Investments (Part III)
FSMARAO Regulated Activities
14
Banking
Accepting deposits; and
Issuing e-money.
Investment
Advising on investments;
Providing basic advice on stakeholder products;
Arranging deals in investments;
Managing investments;
Dealing in investments (as principal or agent); and
Safeguarding and administering investments.
FSMARAO Regulated Activities
15
Insurance
Effecting or carrying out contracts of insurance as principal; and
Assisting in the administration and performance of a contract of insurance.
Scheme operator
Establishing, operating or winding-up collective investment schemes and/or stakeholder pension schemes.
FSMARAO Regulated Activities
16
Home finance
Advising on home finance activities;
Arranging home finance activities; and
Entering into and/or administering a home finance activity.
Agreeing to do most of the above activities.
FSMARAO Specified Investments
17
Deposits;
Electronic money;
Rights under a contract of insurance;
Shares, debentures etc.;
Government and public securities;
Certificates representing certain securities;
Units in a collective investment scheme;
Rights under a personal/stakeholder pension scheme;
Options, futures and contracts for differences;
Rights under regulated mortgage contracts;
Rights under a home reversion plan;
Rights under a home purchase plan; and
Regulated sale and rent back agreements (effective 1 July 2010).
Senior management
19
Overall responsibility
Risk assessment
Leadership
Treating Customers Fairly
Control
Oversight
Management Information (and KPIs)
Senior management
20
Leadership & Tone From The Top
Business Definition & Purpose
Business Plan
Director/Partner/Management Competence
Risk appetite
Risk Assessment
Capital & Liquidity Assessment (formal ICAAP where needed)
Financial Control
Culture
Competence of advisers and staff
Oversight and Management of people and resources
Senior management
21
Business Metrics – Measuring Performance
Financial Metrics (profit/loss, cashflow/balance sheet)
Performance to Plan
Capital Adequacy
TCF Metrics/Client Feedback
Client Activity Metrics
Compliance/Quality Control/Quality Assurance Metrics
Complaints Data & Metrics
Marketing Activity Metrics
Training and Competence Activity & Metrics
You can’t monitor if you don’t measure!
Senior Management
22
Management Information
Risk Monitoring – what risks is the business facing and mitigating action
Compliance Monitoring – regulatory filings/returns, conduct of business, file checks etc
Financial Monitoring – profit, cash flow, balance sheet and capital adequacy
TCF KPIs
Complaints
Conflicts of Interest
Business prospects & pipeline
Senior Management
23
Service/Product Design & Treating Customers Fairly (TCF)
The 6 TCF Consumer Outcomes (COs)
1. Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
2. Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
3. Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
4. Where customers receive advice, the advice is suitable and takes account of their circumstances
5. Consumers are provided with products that perform as firms have led them to expect, and the associated service is both of an acceptable standard and as they have been led to expect.
6. Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.
Senior Management
24
RETAIL DISTRIBUTION REVIEW (RDR)
RDR READINESS
Independent Advice or Restricted Advice (or Multi-Tied /Tied)
Adviser Firm Remuneration – client agreed remuneration
Professionalism – QCF Level 4 qualification/Gap Fill
Client Agreements/Terms of Business
Branding & Marketing Literature/Website
Compliance support services
25
Internal and/or External
Cannot contract out regulatory obligations
Firms must have a framework for:
assessing and covering the risks to their business;
meeting regulatory requirements; and
checking the firm continues to be compliant.
Compliance support services
26
Using a Compliance Consultant
Compliance is the firm’s responsibility
Establishing the needs: choosing the right service
Assessing and monitoring consultants
Acting on recommendations
Compliance support services
27
In summary: Compliance and controls are always the firm’s responsibility.
The firm must have appropriate processes and controls in place and have a good understanding of the compliance processes and monitoring arrangements it operates.
The firm cannot delegate its responsibility for compliance to another party, but it can get help to ensure its controls are appropriate.
Firms should take action if any reviews undertaken by their consultants reveal weaknesses in their compliance with FSA requirements.
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