i-law

Compliance Monitor

Banque Havilland and three staff face contested fines over Qatari bond manipulation plan

Provisional fines have been given to Banque Havilland and three former employees for disseminating a document that contained "manipulative trading strategies" regarding Qatari bonds.
Online Published Date:  09 May 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Lighthouse Advisory censured for unsuitable British Steel Pension Scheme advice

The Financial Conduct Authority has censured the former Lighthouse Advisory Services for "serious failings" in its advice to 1,567 customers looking to transfer out of defined benefit pension schemes between 1 April 2015 and 30 April 2019.
Online Published Date:  19 May 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Pandemic rules to be made permanent for borrowers in financial difficulty

Rules introduced to help borrowers in financial difficulty during the Covid crisis are on course to be made permanent by spring next year.
Online Published Date:  30 May 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Banks urged to improve service to deaf customers, who are more vulnerable to fraud

The United Kingdom's largest banks are being encouraged to improve their communication with the 11 per cent of the population who are deaf or hard of hearing.
Online Published Date:  30 May 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Cryptocurrency trading is "gambling" and should be regulated as such, say MPs

The Treasury Committee has delivered a bombshell report that likens consumer speculation in cryptocurrencies to gambling and "strongly recommend[s] that the Government regulates retail trading and investment activity in unbacked cryptoassets as gambling rather than as a financial service". By Esther Martin
Online Published Date:  05 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Unchallenged 'expert' opinions led to £17m cum-ex trading fine for ED&F Man Capital Markets

ED&F Man Capital Markets - a global financial brokerage firm that was acquired by Marex in the second half of last year - has been fined £17.2 million by the FCA for participating in a notorious tax fraud strategy.
Online Published Date:  05 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Breaking groupthink in board and committee meetings

Effective decision-making in board and committee meetings is crucial for the healthy function of financial services firms. But decision-making can be skewed by groupthink, which occurs when board and committee members put agreement, harmony and conformity above critical evaluation of ideas and opinions. This can lead to irrational or dysfunctional decisions and negatively impact compliance, risk management, organisational performance, as well as corporate culture. Mario Menz discusses what organisations can do to improve risk management by breaking groupthink in board and committee meetings.
Online Published Date:  07 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Heightened scrutiny ahead for fintechs from AML regulators

The distinctive features of fintech firms can make them vulnerable to exploitation by money launderers. Jonah Anderson and Claire Wynne-Jones consider steps for a fintech to investigate AML concerns raised by a regulator or the media, along with how to minimise risk exposure.
Online Published Date:  07 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

FOS goes to court and it does not all go well

A recent quartet of cases involving the Financial Ombudsman Service have highlighted instances of the scheme failing to perform its inquisitorial function properly, as well as tensions between its complaint assessment function and the legal system. There are lessons for FOS to absorb in relation to staff training and case-handling, opines Adam Samuel.
Online Published Date:  07 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

UK maps out expanded strategy for green finance

On 30 March 2023, the United Kingdom Government published its updated Green Finance Strategy, titled 'Mobilising Green Investment'. The Strategy was one of the measures announced in the Edinburgh Reforms of December 2022 as part of the UK's ambition to be a world leader in sustainable finance. Charlotte Hill and Daniel Hirschfield highlight the key elements.
Online Published Date:  07 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

Chief information officer fined £81,620 for IT migration meltdown

In a relatively rare example of enforcement action against an individual under the Senior Managers and Certification Regime, a disastrous TSB IT migration project has led to a hefty penalty for the executive in charge. Denis O'Connor draws lessons on the level of oversight needed for outsourcing arrangements.
Online Published Date:  07 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

How can a board oversee a healthy culture of diversity?

The Financial Conduct Authority has articulated that as part of its ESG strategy it will be publishing final rules on diversity and inclusion on company boards and executive committees. David Duffy outlines principles of a diversity strategy.
Online Published Date:  07 June 2023
Appeared in issue:  Vol 35 No 9 - 09 May 2023

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