Chapter 8 - Financial regulations and professional intergrity Flashcards

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1
Q

9iik iujhnb What is the role of the government

A

Establish the legal frameworks within financial markets that operate and supervise them. They will establish regulatory bodies and oversee the functioning and fairness. They delegate responsibilities to these bodies

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2
Q

the main purposes of regulation

A
  • Maintain and promote fairness
  • promote understanding for public
  • provide protection
  • minimize crime
  • reduce systematic risk
  • assist in financial stability
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3
Q

benefits of regulation

A
  • increases confidence and trust
  • encourages wealth creation
  • reduces market and systematic risk
  • enhances consumer protection
  • reducing crime
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4
Q

what is the financial policy committee

A

Established for financial stability by analyzing systematic risk. Has the power to comply-execution only to PRA and FCA to comply recommendations

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5
Q

What is the Prudential regulations authority

A

Part of the BoE and has a primary objective of enhancing financial stability by promoting safety and soundness of PRA-authorized firms, so it takes an intrusive method. IT IS REFERED TO AS A DUAL-REGULATED FIRM

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6
Q

what is the FCA responsible for

A
  • regulating standards of conduct in retail and wholesale markets
  • supervising trading infrastructure
  • so firms avoid being PRA regulated
  • acting as an authority for firms becoming listed
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7
Q

What are the FCA three primary objectives

A
  • Protect customers
  • Enhance integrity
  • maintain competiveness
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8
Q

who is responsible for overseeing the FCA

A

HM treasury

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9
Q

which firms needed to be authorized by the FCA and PRA

A

Solo-regulated = authorized by FCA
Dual-regulated = authorized by FCA and PRA

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10
Q

what do both FCA and PRA rules state

A

Act with integrity, skill care, and have adequate financial resources

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11
Q

what does the new customer duty detail in the principles

A
  • act in good faith
  • avoid causing harm
  • enhance and support retail customers to pursue financial objectives
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12
Q

What is the FCA 6 consumer outcomes

A
  • consumer can be confident
  • products designed to meet needs
  • clear information
  • advice is suitable
  • acceptable standards
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13
Q

what is the new customer duty

A

Finalized by the FCA in 2022, described as TCF. The change is designed to set a higher standard than principle 6. It is a concept focused on customer outcome rather than processes taken affected 31st July 2023

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14
Q

what is money laundering and the stages involved

A

The process of turning money that is derived from criminal activity into money which appears to have been legitmently acquired.
The stages:
- Placement - first stage, involving placing criminally derived cash into banks
- layering - second, involves money moving around so authorities struggle
- integration - third, successfully when the dirty money appears to be legit and is intergraded into financial system.

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15
Q

what is the difference between money laundering and terrorist funding

A

Often smaller sums are required to commit terrorist attacks
it is harder to identify when funds become investments in terrorist activities
terrorist funding requires modern techniques

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16
Q

how can fraud affect individuals, what’s the different types

A

Identity fraud - using misappropriate of the identity, such as documentation
Identity theft - impersonating fraud, misappropriation of their identity, such as passport

17
Q

who prosecutes companies when bribery occurs?

A

The serious fraud office

18
Q

what is insider dealing and the securities associated?

A

Buying financial instruments by knowledge inside the company. Also - releasing sensitive information to public which could affect share price.
the instruments
- shares, bonds, warrants, depositary receipts, options, futures, contracts

19
Q

what is market abuse and the consequences of it? what does market abuse include?

A

Behaviors/practices that manipulate financial markets.
consequences = fines, and sanctions.
Market Abuse
- insider dealing
- public disclosure requirements
- market manipulations

20
Q

who has the FCA enforced for market abuse?

A

UK Market abuse regulations (UK MAR).

21
Q

in order to comply with the 2018 data protection act, firms must?

A
  • notify the information to commissioner’s office
  • process personal information in accordance
  • answer subject-access request from individuals
22
Q

what to do when data leaks?

A

MUST report to supervisory authority, and report to individual

23
Q

what are the requirements for handling complaints?

A
  • notify the complainants of their right to go to the Financial Ombudsman Service
  • complaints handling is required to issue final response within 8 weeks.
24
Q

what is the FOS

A

Financial Ombudsman Service
- known as UK dispute resolution scheme
- designed to resolve complaints
- funded by levies and case fees
- they can require firms to pay, but must not exceed $430,000.

25
Q

what is the simple checklist regarding right/wrong of behaviors in FS

A
  • open - everyone aware
  • honest - does it comply
  • transparent - is it clear to parties
  • fair
26
Q

what are the conduct rules?

A

rule 1 - act with integrity
rule 2 - skill, care, diligence
rule 3 - open and cooperative with FCA
rule 4 - fair with customers
rule 5 - observe proper market conduct

27
Q

what is the CISI code of conduct, how many principles are set out?

A

” members of CISI are imposed to act in a way beyond compliance”
There are 8 principles = Personal accountability, client focus, conflict of interest, respect for MP, professional development, aware of capabilities, respect others and environment, speak up and listen.