18. regulating firms and individuals Flashcards
Senior Managers and Certification regime
FCA regulates activities and individuals with in a firm
SM&Cr framework
Core
Enhanced
Limited scope
Certification regime
Individuals in certified functions
FCA’s ten principles for supervision
1) Ensuring fair outcomes for consumers and markets.
2) Being forward-looking and preemptive - identifying potential risks and taking action before they have a serious impact.
3) Being focused on the big issues and causes or problems - resources are focused on issues that may significantly impact the FCA’s objectives.
4) Taking a judgement-based approach.
5) Ensuring firms act in the right spirit - not just complying with the letter of the law but with a focus on considering the impact of their actions.
6) Examining business models and culture and the way they impact on consumer and market outcomes.
7) An emphasis on individual accountability.
8) Being robust when things go wrong, making sure problems are fixed, consumers are protected and compensated, poor behaviours is rectified and root causes eliminated.
9) Communicating openly with the industry, firms and consumers.
10) Having a joined-up approach to ensure that messages are provided are consistent.
FCA firm categories
Fixed Portfolio : Banking and insurance groups
Flexible portfolio: Firms with retail customers or a significant wholesale presence
FCA Supervision Model
- Pillar 1= Proactive firm or group supervision
- Pillar 2= Event driven reactive supervision
- Pillar 3= Issues and products
8x FCA enforcement
- Variation of firms permission
- Withdrawl of approval
- Injunction
- restitution
- redress
- Disciplinary
- Disclosure
- Enhanced supervision