i-law

Compliance Monitor

Living with the Consumer Duty

Financial services firms are now working with strengthened requirements that they deliver good outcomes for their customers - what some might call 'TCF on steroids' (Treating Customers Fairly). Emma Radmore and Lucy Hadrill revisit what firms should have done in the run-up to implementation and forecast the FCA's expectations moving forwards.
Online Published Date:  09 October 2023

Fund manager value assessments improve - from a low bar

Scrutiny by the regulator of just 14 fund managers has found some progress since its last, dismal, review of value assessments. But, with firms still insisting on profit margins that cannot be justified rationally, Adam Samuel says there is very little evidence that reforms have brought down charges and made the market more competitive.
Online Published Date:  09 October 2023

Is SEC action against crypto exchanges a "power grab"?

Lawsuits from US regulators against Binance and Coinbase demonstrate a clampdown on noncompliance in the sector but heighten a wider picture of global uncertainty in the regulation of cryptoassets, report Kate Gee and Joshua Ryan.
Online Published Date:  09 October 2023

Delineating the advice/guidance boundary

The Financial Conduct Authority and HM Treasury are reviewing the boundary between regulated financial advice and financial guidance. Charlotte HillandDaniel Hirschfieldreport on how this is progressing and the FCA's decision to fold its work on a Core Investment Advice regime into the wider advice/guidance boundary review.
Online Published Date:  09 October 2023

DysPEPsia - discomfort around banking Politically Exposed Persons

Complaints by politicians about being expelled by banks, or even unable to open an account in the first place, have set a review by the Financial Conduct Authority in motion. Denis O'Connor examines the regulator's 2017 Guidance on the issue.
Online Published Date:  09 October 2023

Jes Staley faces possible £1.8m fine and ban for masking Epstein friendship

Former Barclays CEO Jes Staley misled the Financial Conduct Authority about his relationship with disgraced financier Jeffrey Epstein, says the regulator - which wants to fine him £1,812,800 as well as ban him from senior roles in the industry.
Online Published Date:  12 October 2023

London Capital & Finance censured over unfair marketing promotions

London Capital & Finance (LCF) has been censured by the FCA for its unfair and misleading financial promotions of minibonds between 2016 and 2018 - using, for instance, comparison sites that appeared independent but which were actually "being used by it to drive traffic to its website".
Online Published Date:  13 October 2023

Pensions adviser who transferred out 80% of clients was "grossly negligent"

A Swansea-based financial adviser who was "grossly negligent" and "demonstrated a high degree of incompetence" has been banned from advising on pension transfers as well as from holding any senior management function in a regulated firm.
Online Published Date:  13 October 2023

Action against two West Midlands advisers for "dishonest" pension transfer advice

The FCA has taken action against two financial advisers in the West Midlands who are accused of providing "dishonest" pension transfer advice. One of the two, facing a ban and a £2.2 million fine, has referred his case to the Upper Tribunal; the other has accepted a ban and fine of £397,400.
Online Published Date:  13 October 2023

Equifax fined £11m for "entirely preventable" cyberbreach affecting 13m customers

Credit reference agency and data analytics companyEquifax has been fined over £11 million for its prolonged mishandling of an "entirely preventable" cyberbreach in 2017, which affected over 13m UK customers.
Online Published Date:  13 October 2023

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