Chapter 8 - Financial Services, Regulation and Professional Integrity Flashcards
What are the main purposes and aims of regulation?
- maintain and promote the fairness, efficiency, competitiveness, transparency and orderliness of markets
- promote understanding by the public of the operation and functioning of the financial services sector
- provide protection for members of the public investing in or holding financial products
- minimise crime and misconduct in the sector
- reduce systemic risks, and
- assist in maintaining the market’s financial stability by taking appropriate steps.
What is the FSMA? And when did it come into force?
Financial Services and Markets Act, 2000.
You cant give financial advice if you aren’t authorised to do so
What are the 3 key parties involved in UK finanical regulation?
- Financial Policy Committee (FPC)
- Prudential Regulation Authority (PRA)
- Financial Conduct Authority (FCA)
Who established the FPC?
The Bank of England (BOE) established the Financial Policy Committee
What’s the FPC’s responsibility and role?
Financial Policy Committee
Responsibility:
- Macro-prudential’ regulation, or regulation of the stability and resilience of the financial system as a whole.
Role:
- Protect and Enhance financial stability
- Protect and Enhance the resilience of the UK Financial system.
- Take action and reduce systematic risk
What power does the FPC have?
Power to make recommendations on a comply-or-explain basis to the PRA and FCA.
What is meant by comply-or-explain?
FPC Regulation
To comply with the recommendation as soon as practicable, or explain to the FPC, in writing and in public, why they (the FCA/PRA) have not done so.
Who established the PRA?
Bank of England established the Prudential Regulation Authority
What is the PRA responsible for?
They are responsible for prudential regulation of financial firms that manage significant risks on their balance sheet (responsible for reglation and supervision of significant firms inc all deposit-taking institutions, insurers and other prudentially significant investment firms).
What is meant by PRA supervision of prudentially significant investment firms?
Supervision of central counter parties and securities settlement systems, and this responsibility sits alongside the BoE’s existing responsibilities for overseeing recognised payments systems.
What is the PRA’s primary objective?
Enhancing financial stability by promoting the safety and soundness of PRA-authorised firms in a way which minimises the disruption caused by any firms which do fail.
In fufilling this, it will take an ‘intrusive’ approach to regulation and supervision
Who’s responsible for Prudential supervision of PRA-firms?
The PRA, but their day-to-day conduct is supervised by FCA. As a result, they’re referred to as dual-regulated firms.
What is a dual-regulated firm and who would they be regulated by?
One that has to answer to/regulated by two authorities.
In the UK dual-regulated firms will be regulated by the FCA and PRA
What is the FCA responsible for?
The FCA is responsible for the conduct of all firms and the prudential regulation of firms not supervised by the PRA.
- Regulating standards of conduct in retail and wholesale markets.
- Supervising trading infrastructures that support those markets.
- Prudential supervision of firms that are not PRA-regulated.
- Functions of UK Listing Authority (UKLA).
What does the FCA focus on?
- Day-to-day regulation of all firms in retail and wholesale financial markets.
- Infrastructure that supports these markets
What are the 3 statutory objectives of the FCA?
- Protect consumers
- Enhance the integrity of the UK financial system, and
- Help maintain competitive markets and promote effective competition in the interests of consumers.
Who oversees the conduct and operations of the FCA?
HM Treasury.
Thus it is accountable to the Treasury ministers, and through them to Parliament.
What financial act made it an offence for a firm to provide financial services in the UK without being authorised to do so? Also who grant authorisation?
FSMA (Financial Service and Market Act)
Authorisation is by the FCA or PRA and both for dual regulated firms.
What are the 8 PRA Fundamental Rules?
- Integrity.
- Skill, care and diligence.
- & 4. Financial Prudence.
- Risk Management and Control
- Conflicts of Interest
- Realtions with regulators
- Be prepared with resolutions to disruptions
What are the 11 FCA Principals of Business?
- Integrity
- Skill, care and diligence
- Risk Mangement and Control
- Finanical Prudence
- Market Conducty
- Customers Interest
- Communication with Clients
- Conflicts of Interets
- Custoemrs: Relationship of trust
- Cleints Assets
- Relations with Regulators
What are the 6 FCA TCF consumer outcomes?
- Consumers are confident they are treated fairly
- Products and services meet consumers needs
- Consumers were given clear information and appropriatly informed
- That advice given was sutiable and takes account of their circumstances
- Frims uphold their products as advertised to the consumer
- Consumers don’t face unresonable post sale barrier imposed by firms