International Regulatory Environment - 1 Flashcards

Models of Regulation

1
Q

State two of the objectives of regulation. (section 1.1)

A

(1)Protecting investors
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(2) Ensuring market integrity through transparency and fairness

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2
Q

State the main differences between rules-based and principles-based approaches to regulation. (section 1.3)

A

Rules-based: provides detailed and specific rules,

**Principles-based: ** sets broad guidelines, allowing flexibility in achieving the intended outcomes

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3
Q

What is the mission of the Islamic Financial Services Board (IFSB)?

(Section 1.4.2)

A

The IFSB promotes and enhances the soundness and stability of the Islamic financial sector by issuing global prudential standards and guiding principles .

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4
Q

What are the penalties for breach of the General Data Protection Regulation (GDPR)?

Section 1.5.1

A

Up to 4% of global turnover or €20 million (whichever is greater), depending on the severity of the violation .

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5
Q

List the data subject rights.

Section 1.5.1

A
  1. right to access,
  2. right to rectification,
  3. right to erasure (right to be forgotten),
  4. right to restrict processing,
  5. right to data portability .
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6
Q

State the objective of the Dodd-Frank Act.

Section 1.5.2

A

The Dodd-Frank Act aims to promote financial stability in the United States by improving accountability and transparency in the financial system .

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7
Q

Name three investment services that can be subject to passporting under the Markets in Financial Instruments Directive (MiFID).

Section 1.5.3

A
  1. portfolio management,
  2. investment advice,
  3. execution of orders on behalf of clients .
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8
Q

What does Section 404 of the Sarbanes-Oxley (SOX) Act require publicly registered US companies to do?

Section 1.5.3

A

Section 404 requires publicly registered US companies to establish and maintain an internal control structure for financial reporting and to assess its effectiveness annually .

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9
Q

What is the definition of payment services?

Section 1.5.3

A

Payment services involve activities related to the execution of payment transactions, including direct debits, credit transfers, and payment cards .

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10
Q

As required in SOX, how often should a company produce an ‘internal controls report’?

Section 1.5.3

A

A company must produce an internal controls report annually under Section 404 of SOX .

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11
Q

What is the punishment for defrauding securities investors?

Section 1.5.3

A

The punishment can include severe fines and imprisonment of up to 20 years .

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12
Q

List the steps in the settlement process.

Section 1.5.3

A
  • trade confirmation,
  • matching,
  • netting (if applicable), and
  • final settlement
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13
Q

What extraterritorial reach does the UK Bribery Act provide?

Section 1.5.4

A

The UK Bribery Act applies extraterritorially, meaning it covers bribery committed anywhere in the world by UK nationals or companies .

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14
Q

What are the additional changes made to 5AMLD that have come into force in June 2021?

Section 1.5.4

A

The changes include extending AML obligations to virtual currency platforms, prepaid cards, and stricter due diligence requirements .

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15
Q

What are the four forms of disciplinary action that exchange operators can take against any person registered by the exchange?

Section 1.6.1

A
  1. fines,
  2. suspension of registration,
  3. expulsion,
  4. other penalties (e.g. restrictions on trading activities)
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16
Q

What is counterparty risk?

Section 1.7

A

Counterparty risk refers to the risk that a counterparty in a financial transaction might not fulfill its obligations, particularly in OTC derivative contracts. This risk is managed through central clearing or bilateral clearing arrangements .

17
Q

How do regulators approach Fintech?

Section 1.8

A

Regulators approach Fintech through regulatory sandboxes, a technology-neutral approach that allows Fintech firms to test new technology under regulatory supervision. This helps assess whether existing regulations are sufficient or new rules are needed .

18
Q

What are 4 possible applications of artificial intelligence (AI)?

Section 1.8.3

A
  • credit scoring,
  • fraud prevention,
  • automated trading platforms,
  • customer interaction via chatbots .
19
Q

List the expectations of regulators in relation to Fintech and corporate governance.

Section 1.8.4

A
  • board-level involvement,
  • engagement from risk and compliance functions,
  • proper staff training when managing the deployment of new systems.
  • address risks associated with AI, big data, and cyber security .