1. Regulatory Framework - Section A Flashcards

1
Q

Which bodies are the Bank of England responsible for?

A

Financial Policy Committee (FPC)

Prudential Regulation Authority (PRA)

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2
Q

Which regulatory body is the Bank of England not responsible for?

A

Financial Conduct Authority (FCA)

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3
Q

what are the 2 objectives of the Financial Policy Committee?

A
  1. Identify, monitor and take action to remove or reduce systemic risks to the stability of the financial system.
  2. Support the economic policy of the Government
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4
Q

What are the 2 statutory objectives of the Prudential Regulation Authority?

A
  1. Promotion of the safety and soundness of firms.
  2. (Specifically for insurers) - Contributing to the securing of an appropriate degree of protection for policy holders.
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5
Q

What are the 3 objectives of the Financial Conduct Authority?

A
  1. Secure an appropriate degree of protection for consumers
  2. Protecting and enhancing the integrity of the UK Financial system
  3. Promote effective competition in the interest of consumers
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6
Q

Principle for business 1?

A

Integrity - A firm must conduct its business with integrity

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7
Q

Principle for business 2?

A

Skill, care and diligence - A firm must conduct its business with skill, care and dilligence.

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8
Q

Principle for business 3?

A

Management and control - A firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems in place.

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9
Q

Principle for business 4

A

Financial Prudence - A firm must maintain adequate financial resources.

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10
Q

Principle for business 5

A

Market Conduct - A firm must observe proper standards of market conduct.

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11
Q

Principle for business 6

A

Customers interests- A firm must pay due regard to the interests of its customers and treat them fairly.

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12
Q

Principle for business 7

A

Communication with Clients - A firm must pay due regard to the information needs of its clients, and communicate the information in a way that is clear, fair and not misleading.

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13
Q

Principle for business 8

A

Conflicts of Interest - A firm must manage these fairly, both between itself and its customers and between a customer and another client

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14
Q

Principle for business 9

A

Customers: Relationship of Trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement.

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15
Q

Principle for business 10

A

Client’s assets - A firm must arrange adequate protection for clients assets when it is responsible for them.

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16
Q

Principle for business 11

A

Relationship with regulators - A firm must deal with its regulators in an open and cooperative way, and must disclose to the appropriate regulator appropriately anything relating to the firm of which that regulator would reasonably expect notice.

17
Q

The PRIN don’t all apply to the PRA - Which ones do?

A

1 to 4, 8 and 11 only.

18
Q

What is Consumer Duty?

A

An FCA initiative intended to counter the exploitation of customers.

19
Q

Consumer duty aims to improve consumer protection, this requires businesses to do what 3 things?

A

Act in good faith

Avoid foreseeable harm

Enable customers to pursue their financial objectives

20
Q

The FCA focuses on 4 key areas with regard to consumer duty, what are they?

A

Information given to customers to help them make informed decisions

Fair value pricing

Quality of customer service

Ensuring products are designed appropriately for their target market and work as expected

21
Q

What are 5 examples of Regulated Activities

A
  1. Mortgage lending, advice, arranging and administration.
  2. Effecting insurance and pension contracts.
  3. Accepting deposits.
  4. Advising on, arranging, managing or administering investments
  5. Running collective investment schemes such as unit trusts, investment trusts and open ended investment companies.
22
Q

What is an authorised person?

A

Someone who carries out regulated activities, they can only carryout activities for which they have been authorised.

23
Q

What 5 bodies are exempt from authorisation requirements?

A

The Bank of England

The European Central Bank

Central banks of the European economic area

Local authorities

Various government bodies

24
Q

What is an appointed representative?

A

A firm who is in contract with an authorised person - only able to advise on that person’s products.

25
Q

Who is ultimately responsible for the advice given and compliance with regulations? The appointed representative or the authorised person?

A

The authorised person, except in the case of an Independent financial adviser.

26
Q

What are the 3 parts of the Senior Managers & Certification regime? (SM&CR)

A
  1. Senior Managers Regime
  2. Certification Regime
  3. Rules of Conduct
27
Q

What is the Senior Managers Regime?

A

A regime applying to those carrying out Senior Management Functions (SMF’s), imposing disciplinary action should controls be lacking in the area of the business that the relevant person is responsible for.

28
Q

What is the Certification Regime?

A

A regime applying to those not carrying out SMF’s, but whose roles have been deemed capable of causing significant harm to the firm or its customers. (Decided by the regulators).

29
Q

Who is exempt from the Rules of Conduct set under the SM&CR

A

Senior employees in a purely administrative role