i-law

Compliance Monitor

Extension of the SMCR – filling in the blanks

The long-awaited consultation paper on rolling out the Senior Managers and Certification Regime to all regulated financial services firms, has not dispelled a number of practical difficulties for smaller entities that are faced with its imminent implementation. They should make the most of the unfinalised timeline to submit feedback to the regulator as well as plan ahead, advises Julian Sampson.
Online Published Date:  12 September 2017

The legal landscape of cyber-security for financial institutions

“There are two kinds of big companies… There are those who’ve been hacked… and those who don’t know they’ve been hacked…” said the former FBI director, James Comey. Rhodri Thomas and Raphaella Pitt set out the plethora of laws and regulatory developments that financial services firms must consider as they advance their cyber-security strategies.
Online Published Date:  12 September 2017

Information disclosure under PRIIPS – do KIDs know it all?

The Key Information Document (KID) is intended to provide a standardised summary of the right information for consumers to make sound decisions about packaged retail and insurance-based investment products. But is the KID really up to the task? ask Noline Matemera and David Wagget.
Online Published Date:  12 September 2017

Guide to conducting internal investigations: handling and preservation of evidence

The ‘Guide to conducting internal investigations’ sets out best practices and guidance for those conducting or overseeing investigations in both the United Kingdom and the United States. In this third of six instalments, Charles Hastie and Jake McQuitty explain how to handle and preserve evidence.
Online Published Date:  12 September 2017

Whistleblowing in financial services

When are letters of complaint about a member of staff a protected whistleblowing disclosure? This question recently tripped up CEO Jes Staley and engulfed Barclays in another scandal. Alexandra Carn considers recent rules about whistleblowing and the steps that relevant firms should be taking now.
Online Published Date:  12 September 2017

Tribunal upholds FCA ban and fine of adviser network ex-CEO

The Upper Tribunal has upheld the Financial Conduct Authority’s decision to ban Charles Palmer from significant influence functions and fine him £86,691.Palmer was the majority shareholder and chief executive of Standard Financial..
Online Published Date:  12 September 2017

Investment bankers show support for Senior Managers Regime

A survey of nearly 200 professionals has revealed that 71% of respondents believe the Senior Managers Regime has had a positive effect on the industry, with investment bankers showing the most enthusiasm for the changes. In the poll from LexisNexis..
Online Published Date:  12 September 2017

Lloyds agrees £283m redress scheme for mortgage arrears fees

Lloyds Banking Group will pay out some £283 million in redress payments, including interest, to around 590,000 mortgage customers because of its involvement in unsustainable repayment plans. It has acknowledged that the bank fell short..
Online Published Date:  12 September 2017

Insider trader Damian Clarke is dealt £350,000 confiscation order

A confiscation order for £350,000 has been made against convicted insider dealer Damian Clarke. The order by Judge Joanna Korner at Southwark Crown Court must be paid in three months or Clarke will face another three years in prison; he..
Online Published Date:  12 September 2017

Then and now: 12 years of financial services complaint-handling

Looking back a dozen years to when he wrote the first edition of his now-revised book on ‘Consumer Financial Services Complaints and Compensation’, Adam Samuel finds that considerable divergences emerge between 2005 and 2017 – in the volume and subject of complaints, as well as who is doing the complaining. The Financial Ombudsman Service must cease being relegated to “a dumping ground for regulatory problems”, he urges.
Online Published Date:  28 September 2017

“Fundamental changes” may be needed for unarranged overdraft charges, says FCA

On the back of a review of high-cost credit, the Financial Conduct Authority has opted to maintain the payday loan price cap, which will be reviewed again in 2020.But unarranged overdrafts have raised a red flag and the FCA warns that..
Online Published Date:  28 September 2017

FCA seeks to water-down listing rules for sovereign wealth funds

The Financial Conduct Authority’s proposed new category for state-controlled companies within its premium listing regime has been slated by the Institute of Directors as “unjustified and could create governance problems”.The..
Online Published Date:  28 September 2017

Siblings caught by EDD in FCA’s PEP guidance

By Timon Molloy, managing editor
Online Published Date:  28 September 2017

FCA investigations up by 75 per cent

By Neasa MacErlean
Online Published Date:  28 September 2017

FSB chief hits out at FCA secrecy on RBS report

Mike Cherry, the national chairman of the Federation of Small Businesses, has lambasted the Financial Conduct Authority for failing to publish its full report on the Royal Bank of Scotland’s controversial Global Restructuring Group. His..
Online Published Date:  28 September 2017

Probe into insurer’s closed-book dropped – but five cases stay live

The Financial Conduct Authority has ceased investigating Police Mutual over its treatment of longstanding life insurance customers – yet probes into Scottish Widows, Prudential, Countrywide Assured, Old Mutual and Abbey Life continue...
Online Published Date:  28 September 2017

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