3.2: UK REGULATION Flashcards

1
Q

The Financial Services Act 2012 amended what act to reform the UK financial services regulatory structure? (1)

A

Financial Services and Markets Act 2000 (FSMA)

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2
Q

What is considered as the “macro-prudential” regulator? (1)

A

Financial Policy Committee (FPC)

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3
Q

What are the current regulatory frameworks (implemented in 2013 set by the BoE? (3)

A
  • establishing a macro-prudential regulator (FPC) to monitor systemic risk
  • transferring prudential regulation responsibilities to the PRA (Prudential Regulation Authority
  • creating a conduct of business regulator, to focus on wholesale and retail markets.
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4
Q

What is the FCA? (2)

A

Financial Conduct Authority is the conduct of business regulator. Its main goal is to ensure that the relevant markets function well

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5
Q

What are the objectives of the FCA? (3)

Protect, Enhance, Promote

A
  • Protection of consumers
  • Enhance integrity of markets
  • Promote competition in regulated financial services

Protect, Enhance, Promote

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6
Q

What is the scope of the FCA? (4)

A
  • Regulator of conduct for all firms in retail and wholesale markets, including PRA authorised firms and firms passporting into the UK
  • Lead regulator for firms other than the PRA-Authorised
  • Markets regulation
  • Regulatory oversight of the client assets and countering financial crime
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7
Q

What is the Prudential Regulation Authority responsible for? (1)

A

Prudential supervision of banks, insurers and large investment firms

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8
Q

What activities did the FCA take over from the Office of Fair Trading? (4)

A

Lending or brokering credit
Credit reference agency
Debt collection
Contracts of hire of good

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9
Q

When misleading financial promotions are made, the FCA can… (2)

A

ban these financial promotions without going through enforcement process

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10
Q

What is the core objective of the Prudential Regulation Authority? (1)

A

To ensure the the safety and soundness of the firms it regulates

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11
Q

What is the function of the PRA? (2)

A

They monitor and regulates the firms resilience

If firms fail they are responsible for resolving this

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12
Q

What kind of approach does the FCA take? (2)

A

Proactive led approach

In particular to consumer protection

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13
Q

What kind of approach does the PRA take? (2)

A

Judgement led approach

The more risk a firm poses, the more supervision that happens

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14
Q

What is the FPC tasked with and where is it situated? (3)

A

Situated in the Bank Of England, the FPC is tasked with monitoring the systemic risk in the whole financial system and identifies risk to stability

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15
Q

The FPC can make recommendations and offer advice to the… (2)

A

… PRA and FCA

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16
Q

What does the FPC do to show transparency? (1)

A

Publishes 2 financial stability reports each year

17
Q

How often does the FPC meet? (1)

A

At least quarterly

18
Q

The FCA and PRA share a single admin process for what? (1)

A

Dual regulated firms

19
Q

Dual regulated firms apply to the FCA or PRA? (1)

A

PRA

20
Q

Anyone who partakes in investment business in the UK is required to be… (2)

A

…an authorised person

…an exempt person

21
Q

What are the 2 main kinds of authorised person? (2)

A

Part 4A permission

Qualified for authorisation

22
Q

The _____ has the lead role in investigating and prosecuting authorised person violations. A person who commits this crime can be jailed for up to how many years? (2)

A

FCA

7

23
Q

Specified investments include all investment instruments excluding ________. (1)

A

Physical Assets

24
Q

Extended in 2016 and MiFiD, what was added to regulated investments? (4)

A

Provision of credit
Regulated mortgages (buy to let)
Structured Deposits
Emission Allowances

25
Q

Examples of regulated activity include: (4)

A
Accepting Deposits
Issuing electronic money 
contracts of insurance
managing investments 
Arranging a mortgage
MTFs and OTFs
26
Q

What is the PSR? (3)

A

Payment Systems Regulator

established in 2015 it is a subsidiary of the FCA

27
Q

Payment systems regulator do not regulate what types of systems? (1)

A

Payment systems embedded in securities trading systems, like clearing houses are central counter parties,

28
Q

What are the objectives of the Payment Systems Regulator? (3)

A

Promotes interests of business and consumers
Promotes competition
Promotes innovation

29
Q

What was the CMA established under? (1)

A

Enterprise and Regulatory Reform Act 2013

30
Q

What is the turnover test? (2)

A

When a firm with over £70m of turnover attempts to merger the CMA will investigate.

31
Q

What is the share of supply test? (2)

A

If merger causes and market supply of over 25%, the CMA will investigate.

32
Q

How many days has the CMA got to undertake initial (phase one)? (2)

A

40 days

33
Q

What is the Department for Business, Energy and Industrial Strategy? (1)

A

The BEIS intervene when there is a threat to public interests, like national security.

34
Q

What is the Panel on Takeovers and Mergers responsible of enforcing? (1)

A

The City Code

35
Q

How is the PTM financed? (1)

A

A levy on UK publicly quoted shares and charging fees. It is 100p per contracts where the investor is investing over 10k

36
Q

The PTM levy is payable on trades in: (4)

A

Equity share capital
Securities converting into equity
Transferable securities
US and global depositary receipts

37
Q

What is the role of the Panel on Takeovers and Mergers? (2)

A

To make sure that all share holders are treated fairly. Therefore they look at predator companies, and target companies

38
Q

Any bidder who acquires __% or more of voting rights, has to make a cash offer to all shareholders at the highest price they paid in the previous year. (1)

A

30%