i-law

Compliance Monitor

FCA cautions property funds amid post-Brexit panic

The Financial Conduct Authority issued guidance after a number of funds temporarily suspended trading in their property portfolios and feeder funds. Investors took fright after the United Kingdom’s vote to leave the European Union and assumed..
Online Published Date:  12 August 2016

FCA pursues PPI complaint deadline in mid-2019

The Financial Conduct Authority has resolved to move forward with the proposals in its November 2015 consultation regarding payment protection insurance – however it will extend the proposed spring 2018 deadline for complaints over PPI..
Online Published Date:  12 August 2016

Jersey company director fined for insider dealing and improper disclosure

The Financial Conduct Authority has imposed a £59,557 penalty on Gavin Breeze for insider dealing as well as publicly censured him for improper disclosure. A director of several private companies and a non-executive director of an AIM-listed..
Online Published Date:  12 August 2016

Investment advisers warned about influence from lead generators

The Financial Conduct Authority has cautioned authorised firms that when they accept business from introducers, they could find themselves responsible for any unsuitable advice that has been provided by the introducer and subject to regulatory..
Online Published Date:  12 August 2016

Open banking tops CMA action list

By Neasa MacErlean
Online Published Date:  12 August 2016

Andrew Bailey takes up FCA reins without fanfare

A new chief executive of the Financial Conduct Authority stepped quietly into office on 1 July. Andrew Bailey is also a member of the Financial Policy Committee as well as on the boards of both the FCA and Prudential Regulation Authority. From 1..
Online Published Date:  12 August 2016

London falling? Alternative jurisdictions vie for contention

Many of the 56,000 firms regulated by the UK’s Financial Conduct Authority will be wondering if they need to change location and main regulator after Brexit. Frankfurt and Paris are among the leading alternatives for the large players, and Malta is an interesting option for smaller entities. Neasa MacErlean provides a short guide.
Online Published Date:  16 August 2016

Amend and fast-track: European Commission drives forward 4MLD

A spate of appalling terrorist attacks in the last 12 months, notably in France, have fuelled the European Union AML/CFT agenda – with the prospect now of augmented Fourth Directive implementation by the end of the year. Dan Hudson and Susannah Cogman examine the accelerated programme.
Online Published Date:  09 September 2016

Nelmes v NRAM plc: the latest twist in brokers’ fiduciary duties

The Court of Appeal recently ruled there was a breach of duty where a broker had received commission from a lender, unbeknown to the client, who also paid the broker directly. The Court’s finding of an unfair relationship created by payment of the procuration fee could lead to more significant remedies in other cases, depending on the facts, says Jason Woodland.
Online Published Date:  09 September 2016

Do FCA de-risking warnings raise more questions than they answer?

Not only are financial institutions juggling anti-money laundering compliance with admonitions to avoid ‘wholesale de-risking’ – they also face competition law risks such as abusing a dominant position or anti-competitive agreements. More clarity is needed, urge Guy Wilkes and David Harrison.
Online Published Date:  09 September 2016

FCA treatment of whistleblowers under fire from Treasury Select Committee

Andrew Tyrie, chairman of the Treasury Select Committee, has called on the Financial Conduct Authority to clarify and strengthen its processes for the treatment of whistleblowers.The TSC and the FCA have been exchanging letters about the..
Online Published Date:  09 September 2016

What underwriters should be doing as the Insurance Act comes into force

After over eight years of review and consultation by the Joint Law Commissions, the most radical change to UK insurance contract law for over 100 years came into force on 12 August. David Kendall sets out the main issues for underwriters.
Online Published Date:  09 September 2016

Treating small and medium-sized businesses fairly

Recent scandals in which major banks have allegedly mistreated and even brought on the collapse of small and medium-sized businesses have led to the formation of vocal lobby groups for the injured customers. Adam Samuel delves into the holes in their regulatory protections.
Online Published Date:  09 September 2016

MAR’s new level of regulatory expectations

With much of the impetus for the Market Abuse Regulation coming from the UK, it seems unlikely to undergo change as a result of Brexit. Ronald Gould highlights main challenges of the regime.
Online Published Date:  09 September 2016

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