Chapter 5A Flashcards

1
Q

What are the 3 characteristics of the PRA?

A

Judgement based - assess strength, policyholder protection and compliance with key conditions

Forward-looking - looking at current and potential future risks

Focused - looking at higher risk firms

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2
Q

What are the 2 types of regulation and who carries them out?

A

1 - Prudential
BoE - market infrastructure and payment systems
PRA - important firms
FCA - all other firms

2 - Conduct
FCA - all authorised individuals, firms and markets carrying out regulated activities

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3
Q

What does the term macro prudential mean?

A

Deal with ‘big picture’ stuff such as setting counter cyclical capital buffers, enforcing variable risk weights and setting leverage limits

Counter cyclical capital buffers - greater capital reserves

Variable risk weights - greater or lower capital depending on risks

Leverage limits - limit use of higher risk financial tools and debt

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4
Q

What tools does the PRA use to meet its objectives?

A

Regulation - set standards to meet

Supervisor - assess risks that firms pose and take action when required

PRA approach does not seek zero-failure just minimise the impact of any firm that fails

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5
Q

Give a summary of the UK Regulatory Authorities Objectives

A

Read page 199

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6
Q

Who is responsible for the FCA?

A

The Treasury

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7
Q

What are the 3 main FCA areas of responsibility?

A

1 - Authorisation
Granting, varying and cancelling authorisations

2 - Supervision
Devising rules for conduct of business

3 - Enforcement
Policing the industry and imposing penalties - civil and criminal

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8
Q

What is an authorised person?

A

An individual, from or market that is granted Part 4a permission - this means they can carry out regulated activities

Or an individual who will carry out a controlled function within the authorised person (now non-SM&CR firms)

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9
Q

What are the turn around times for FCA when granting Part 4a permission?

A

Up to 6 months for complete applicants for individuals, firms and markets

12-months for incomplete applications

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10
Q

How does the FCA assess the risk of a firm?

A

1 - Sector it operates
2 - Volume of transactions
3 - Type of products
4 - Type of customers

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11
Q

What was the FCA’s new strategy of supervision which replaced C1 - C4 categories?

A

1 - Fixed Portfolio Firms
Smaller amounts of firms
Higher risk firms
Supervised to Pillar 1

2 - Flexible Portfolio Firms
Most firms
Don’t carry significant risk to stability of UK
Supervised to Pillars 2 and 3

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12
Q

What are the 3 Pillars of Supervision?

A

Pillar 1
Proactive supervision
Assesses conduct risk
Uses forward looking judgement based approach
Looks at firms culture and model

Pillar 2
Event-driven
In response to emerging or occurred issues
Devotes resources to highest risk situations and firms

Pillar 3
Proactive thematic review
Looks at potential drivers of poor consumer outcomes

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13
Q

What are the 10 FCA supervision principles?

A

1 - Fair outcomes for consumer and markets
2 - Forward looking
3 - Focused on big issues
4 - Judgement based approach
5 - Ensure firms act correctly
6 - Examine business culture and models
7 - Individual Accountability Emphasis
8 - Being robust when things go wrong
9 - Open communication
10 - Joined up approach

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14
Q

How does the PRA supervise whether a firm is being run in a safe and sound manner?

A

Proactive Intervention Framework which involves five categories from low, moderate viability and imminent risk through to firm wind-up

This ensures the PRA identify and response to emerging risks early

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15
Q

What is the set process that offences are investigated by the FCA?

A

1 - Enforcement officers open an investigation

2 - Evidence is gathered to leading to recommendations

3 - The Regulatory Decisions Committee (RDC) decide on appropriate sanctions

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16
Q

Do enforcement have to tell an individual, firm or market that they are under investigation?

A

Yes apart from insider dealing

17
Q

What is a civil and criminal offence with examples?

A

Civil Offence
Disputes between private parties
Continuing to use misleading financial promotions
Make misleading statement

Criminal Offence
Deliberate or reckless act that causes harm to another person or property
Insider dealing
Financial Crime
Carrying out regulatory activities unauthorised

18
Q

How are firms and individuals prosecuted for civil and criminal offences?

A

Civil Offence
Stop future activity to repay profits made from illegal activities
Wind up firm
Lower burden of proof

Criminal Offence
Jail time and or unlimited fines
Prosecuted by Crown Court and Crown Prosecution Service

19
Q

MAD introduced 2 types of market abuse. What are they and what are the maximum prison terms?

A

Market Abuse Directive introduced insider dealing and market manipulation

Failure to comply with money laundering regulations - 2 years
Failure to report suspicions - 5 years
Making misleading statements, conduct or insider dealing - 7 years
Proceeds of Criminal Act (POCA 2002) offences to do with criminal property - 14 years

20
Q

How can compliance be dealt with by a firm?

A

Internally or externally
If compliance services are contracted out then this does not contract out the responsibility

21
Q

What is the FSB and who are the UK representatives?

A

Financial Stability Board - achieve global financial stability

Governor of the BoE, CEO of FCA and a representative from HM Treasury

22
Q

Why must a firm maintain adequate capital reserves?

A

To meet all liabilities as they fall

23
Q

What is the FAR and who is concerned by it?

A

Free Asset Ratio - also known as solvency ratio

It shows financial strength of a life office or insurance company

Surplus Assets / Assets

An IFA considers FAR of providers

24
Q

Who regulates credit agencies and how often to individuals firms need to submit a report regarding returns?

A

The FCA

The Retail Mediation Activities Report must be submitted at least twice a year

25
Q

Who does an authorised firm who disagrees on a enforcement notice served by the FCA appeal to?

A

The Upper Tribunal