i-law

Compliance Monitor

FCA imposes warning labels on crypto's "very poor-quality" promotions

Promotors of crypto products will be required to give stark warnings equivalent to the 'Smoking kills' statements on cigarettes. A suggested wording from the FCA begins: "Don't invest unless you're prepared to lose all the money you invest."
Online Published Date:  08 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Referral fees ban confirms shake-up of the debt packager sector

The FCA predicts "significant change" in the debt packager market following the confirmation ofrulesthat prohibit their receipt of referral fees from debt solution providers.
Online Published Date:  09 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Director banned as FSCS upholds 88% of claims against pension transfer firm

A director and 50 per cent shareholder in a firm of advisers has been prohibited from advising on pension transfers and opt-outs as well as from being a senior manager again, after 96 per cent of pension customers were advised to leave defined benefit pension schemes.
Online Published Date:  28 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

FCA investigation pulled apart by tribunal, as three bans overturned

Three bankers who worked for Julius Baer when corrupt payments were unwittingly made by the firm to persons connected with the Yukos Group, have had their provisional bans thrown out by the Upper Tribunal. [1]
Online Published Date:  28 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

IFA to pay £106k to FSCS after 97% of clients advised to make pension transfers

An adviser is to forfeit £106,100 directly to the Financial Services Compensation Scheme, rather than as a fine to the FCA, after exposing many of his customers to unsuitable advice and demonstrating "a serious lack of competence and capability".
Online Published Date:  29 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Global sustainability standards to be adopted for UK-listed companies

Rules for UK-listed companies onclimate-related disclosure rulesare to be updated to conform with the firsttwo global statementsfrom the International Sustainability Standards Board (ISSB).
Online Published Date:  29 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Immediate solution agreed on mortgage switches - but credit rating deal lags

The FCA has introduced enabling provisions that allow mortgage lenders to offer all borrowers a switch to interest-only payments for sixmonths without an affordability check.
Online Published Date:  30 June 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

The Edinburgh Reforms six months on

It's now over six months since the Chancellor announced a package of measures to take forward the Government's vision of an "open, sustainable and technologically advanced" financial services sector, as well as to build on the reforms proposed in the Financial Services and Markets Bill. So, where are we now? Emma Radmore tracks developments since the changes were announced.
Online Published Date:  04 July 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Understanding compensation for pension transfers - hail DISP App 4

Ghosts of pension scandals past and present continue to haunt the regulator. With a new appendix to the FCA Handbook setting out how to calculate redress for mis-sold transfers from defined benefit occupational pensions into defined contribution schemes, Adam Samuel welcomes "some degree of clarity on an extremely complex subject".
Online Published Date:  04 July 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

MiCA milestone - EU adopts crypto regulatory framework

Firms that obtain authorisation under MiCA will be able to operate across the EU under a single set of rules, while investors are to benefit from greater certainty and protection. Charlotte Hill and Melissa Whitley examine the impact of MiCA on crypto firms and key takeaways.
Online Published Date:  04 July 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Report finds whistleblowers have little confidence in FCA

High levels of dissatisfaction with the financial regulator's confidential hotline call the effectiveness of this vital process into question - especially with regard to the feedback being supplied to whistleblowers. Is it time to consider a US-style award system? asks Denis O'Connor.
Online Published Date:  04 July 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

Renewed focus on market abuse controls

A fit-for-purpose market abuse risk assessment is crucial in order to avoid problems further down the line, while a shortage of compliance expertise is another consistently-cited issue. Monica Rodriguez examines the latest expectations expressed by the regulator.
Online Published Date:  04 July 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

The FCA Business Plan - power to the people?

The regulator's consumer protection focus breaks new ground this year as the Consumer Duty comes into force, while a discernible political influence runs throughout its activities. Charlotte Longman and Andrew Poole analyse what's on the agenda and what's missing.
Online Published Date:  04 July 2023
Appeared in issue:  Vol 35 No 10 - 08 June 2023

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