i-law

Compliance Monitor

Sophisticated buyers rebuffed, in landmark LIBOR mis-selling claim

Though the Royal Bank of Scotland secured a resounding victory against a high-profile interest rate swap ‘mis-selling’ lawsuit, there are remaining areas of risk and uncertainty for financial services firms. With a different claimant and set of circumstances, the next case could go the other way, warn James Le Gallais and Noah Benjamin Stewart-Ornstein.
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

The Insurance Product Information Document – yet more box ticking?

Under the Insurance Distribution Directive, general insurance distributors in the European Union must provide consumers with a standardised document outlining key information about the product they are considering. Yet, more paper will not necessarily result in customers being better informed, argues Noline Matemera.
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Examining ‘equivalence’, as Brexit starting gun fired

On 29 March, a six-page letter from UK Prime Minister Theresa May to European Council President Donald Tusk set the two-year article 50 timeline ticking on Britain’s exit from the Union. In view of a possible loss of passporting rights, Jonathan Herbst and Simon Lovegrove assess the position for UK financial services when it comes to equivalence with the EU regime.
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Supreme Court lets FCA off the hook for ‘identifying’ London Whale manager

The Financial Conduct Authority has triumphed at the Supreme Court against a claim that it improperly identified the manager of the London Whale trader in enforcement notices against JP Morgan.In 2012 Achilles Macris was head of the bank’s..
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Enforcement procedures remodelled

The introduction of partly-contested cases and elimination of later-stage penalty discounts could streamline the regulatory enforcement process but may also give rise to potential problems. Much will depend on how the changes are applied in practice, explain Louise Hodges and Jonathan Blunden.
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Push payment fraud: ‘Which?’ way forward for unprotected customers?

The Payment Services Regulator has declined to oblige banks to reimburse customers who fall victim to authorised push payment scams. However, the issue is not fully resolved, reports Johnny Shearman.
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

WhatsApp bragging costs investment banker £37,198

A former Jefferies International managing director shared client confidential information over WhatsApp a number of times and so has been fined £37,198 by the Financial Conduct Authority.The communications, which were sent over the instant..
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Compliance officer liability: between a rock and a hard place?

There is a pervading impression in financial services that compliance officers are subject to significantly more regulatory exposure than they used to be. Yet the primary pitfall is intentional misconduct, argues Christopher David.
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

UK aims for consistency, with supervisor of AML supervisors

By Timon Molloy, managing editor
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Firms urged to make immediate MiFID II applications

By Neasa MacErlean
Online Published Date:  25 April 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

Identifying your cultural DNA

“A firm’s culture emerges in large part from inputs that are its responsibility,” Financial Conduct Authority chief executive Andrew Bailey told an event in Hong Kong last month. Phil Deeks outlines some steps that financial services firms can take to demonstrate a positive culture through good customer outcomes.
Online Published Date:  18 July 2017
Appeared in issue:  Vol 29 No 7 - 06 April 2017

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