i-law

Compliance Monitor

Guide to conducting internal investigations: governance and decision-making

This is the second of six instalments serialising the ‘Guide to conducting internal investigations’, on best practices and guidance for those conducting or overseeing investigations in both the United Kingdom and the United States. In this second part, Jake McQuitty and Charles Hastie shed light on governance and decision-making, along with who should investigate.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

FCA’s latest push in the pensions sector

Transferring from a defined benefit pension to one without any safeguards, has historically been unlikely to be in a customer’s best interests, says the Financial Conduct Authority. Its recent consultation (CP17/16) aims to ensure consumers receive a thorough assessment of their needs and objectives, along with appropriate advice, when looking to give up valuable pension benefits, reports Emily Benson.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

New York’s cybersecurity state of mind

Financial institutions operating in New York State have recently become subject to a new cybersecurity regulation from the NYS Department of Financial Services. Firms must get to grips with its far more prescriptive approach than that of the UK regulator, or risk potential enforcement action, reports Nicholas Querée.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

Market study tackles weak price competition among asset managers

The Financial Conduct Authority’s asset management market study has concluded that “price competition is weak in a number of areas of the industry” and supports the disclosure of a single, all-in fee to investors. The final report..
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

Getting ready for the GDPR

On 25 May 2018, EU data privacy law will be consolidated and strengthened under the new General Data Protection Regulation. The GDPR will replace all current EU data privacy laws, and the UK Data Protection Act 1998 will be repealed. Enhanced protection of and autonomy over personal data lies at the heart of this significant legislative change. With less than a year until the GDPR comes into force, Hazel Moffat and Rebecca Roberts offer practical guidance on key issues the financial sector must grapple with in preparation.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

Challenges and opportunities of the EU Benchmarks Regulation

The European Union’s response to benchmark-rigging scandals of recent years has a significantly broader scope than the regime currently established in the United Kingdom. It will be a demanding task for many firms to gain compliance in the short time available, report Tobias Sproehnle and Gareth Parker.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

The robo compliance officer

RegTech is being billed as ‘The new FinTech’, and can offer valuable intelligence as well as efficiencies, through the automation of processes and the analysis of big data. Yet is there a danger that robotic compliance could turn compliance… ‘robotic’? asks Adam Samuel.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

BoE gave pastoral care to staff covered by SFO probe

By Neasa MacErlean
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

Compliance officer and day trader charged with insider dealing

A former UBS compliance officer and a day trader have appeared at the City of London Magistrates’ Court on 16 June charged with insider dealing, after a joint investigation between the Financial Conduct Authority and the National Crime..
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

Insider trader receives industry ban

Damian Clarke, a convicted insider dealer, has been banned by the Financial Conduct Authority from any function in regulated financial services because he is “not a fit and proper person”. After confessing, the former equities trader at..
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

Product governance under MiFID II: ESMA’s final guidelines

Draft guidelines on MiFID II product governance requirements, published last October, were not without controversy. In its final report of 2 June 2017, the European Securities and Markets Authority modified the guidelines in some areas, such as portfolio diversification. Davinia Collins and Emma Radmore examine the issues the guidelines address, and their effect on firms that manufacture or distribute Investment Products.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 10 - 18 June 2017

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