i-law

Compliance Monitor

Coinbase UK subsidiary fined for breaching regulatory restriction on onboarding

The FCA has imposed its first enforcement action under the Electronic Money Regulations 2011 on a British arm of the world'ssecond-largestcryptoasset exchange, Coinbase.
Online Published Date:  25 July 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

FCA pegs 2025 date for prospectus rule changes

Finalised rules for a system to replace the existing prospectus regulation are expected to be ready by the end of June next year.
Online Published Date:  26 July 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Compliance considerations in sustainability governance

Both the long-term imperative for future generations as well as current regulatory and reputational requirements and risks, are driving businesses to reduce their harm to the planet. Andrew Hobbs and Richard Monks explore practical ways compliance teams can support leaders to unlock significant competitive advantage from sustainability.
Online Published Date:  31 July 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Banks ordered to review PEP procedures after widespread issues identified

All firms in the retail sector are being asked by the FCA to check that their systems comply with the current and prospective guidance on PEPs (Politically Exposed Persons).
Online Published Date:  05 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Banks that fill 'cash gaps' may review provision at two-yearly intervals

The 14 financial institutions that will be required to fill 'access to cash' gaps after the closures of branches and ATMs will be able to vary or even shut the new arrangements after two years.
Online Published Date:  05 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Streamlining of retail conduct rules targeted among package of reforms

On the day of publishing its first report on its new competitiveness objective, the FCA called for input from the sector on schemes it is developing to reduce regulatory costs.
Online Published Date:  05 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

FCA awaits Court of Appeal motor finance decision before making DCA compensation plan

A redress scheme on motor finance for overcharged customers is one of the options being considered by the FCA as itextends the timetableon its review of discretionary commission arrangements (DCAs).
Online Published Date:  05 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

H2O must pay £250m to aggrieved investors, amid missing and faked record-keeping

London-based asset manager H2O has agreed to withdraw from the UK market after the FCA found a litany of failings in its activities, including fabricated minutes and use of superyacht and private jet hospitality that was not fully disclosed.
Online Published Date:  07 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

New pensions framework for DC schemes expected to reduce provider numbers

The FCA is developing a traffic light rating system for defined contribution (DC) pension schemes in the workplace that could drive the poorest performers from the market.
Online Published Date:  12 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Director of insurance broker used client funds to pay personal debts

An insurance intermediary who breached the Client Money Rules and used client funds to pay his debts has been banned from the sector.
Online Published Date:  14 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Cypriot firm fined after selling CFDs to novice investors who borrowed from family and friends

The FCA has continued a series of 20 enforcement actions on the non-compliant offering of contracts for difference (CFDs) from abroad, with a fine on a Cypriot business.
Online Published Date:  14 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

PwC fined for keeping LCF suspicions from FCA despite audit staff's concerns

The United Kingdom's largest accountancy firm, PwC, has become the first auditor to be fined by the FCA - incurring a £15 million penalty after it failed to alert the regulator to suspected fraud at London Capital & Finance (LCF).
Online Published Date:  16 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Adapting to climate change - steps for financial institutions

Recent guidance on adaptive practices that respond to climate-related risks and opportunities can help firms stay ahead of current and expected disruptions, as well as create value through innovation and meet new needs, write Simon Lovegrove and Haney Saadah.
Online Published Date:  29 August 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

20 years in Compliance

It's been said that looking back makes the view looking forward even clearer. As the Association of Professional Compliance Consultants passes a milestone, chair Julie Ampadu considers lessons learned so far and the path ahead.
Online Published Date:  02 September 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Assessment of 'elective professionals' examined

The High Court has endorsed the Ombudsman's disdain for a 'tick box' approach to client classification and underscored that firms must conduct an 'adequate assessment' of investment experience, reports Denis O'Connor.
Online Published Date:  02 September 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Adapting to climate change - steps for financial institutions

Recent guidance on adaptive practices that respond to climate-related risks and opportunities can help firms stay ahead of current and expected disruptions, as well as create value through innovation and meet new needs, write Simon Lovegrove and Haney Saadah.
Online Published Date:  02 September 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Judicial reviews and the FOS

A cluster of judicial reviews have clarified the scope and extent of recourse to the courts against Ombudsman decisions, along with other key compliance concerns. Adam Samuel unpacks the judgments.
Online Published Date:  02 September 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

EU travel rule guidelines explained

On 4 July 2024, the European Banking Authority issued its final report on guidelines on the so-called travel rule - that is, information requirements relating to transfers of funds and certain cryptoasset transfers, designed to prevent money laundering and terrorist financing. Charlotte Hill and Shaanil Senarath-Dassanayake explore the guidelines and main takeaways.
Online Published Date:  02 September 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

Remuneration after the bonus cap

The Bank of England's decision to drop the bonus cap has placed the issue of how to reward star players back on the financial services agenda. But how should compliance officers approach this sensitive subject and what are the reputational risks? Neasa MacErlean examines these and other difficult questions about banker bonuses.
Online Published Date:  02 September 2024
Appeared in issue:  Vol 37 No 1 - 25 July 2024

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