LO7: Regulatory and Legal Environment Flashcards
who makes up the uks regulatory framework for financial services?
- financial conduct authority
- prudential regulation authority
- financial policy committee
FCA summary
- responsible for the conduct of business and market for all firms
- aims to take early action to protect consumers
- market wide analysis
- reviews product life cycle, can ban
PRA summary
Prudential regulation authority
- sits in the bank of england
- responsible for the stability of important financial institutions, single firm failure without system failure
FPC summary
Financial Policy Committee
- in bank of england
- horizon scanning for risks to the whole financial system (industry)
PRA primary objective
Prudential regulation authority
- promote the safety and soundness of pra regulated persons
PRA secondary objectives
- ensure persons act in away that doesnt jeprodise the financial system
- minimize impact of single failure on whole system
- encourage competition
- appropriate protection for policy holders
- appropriate protection distribution of with profit policies
PRA threshold for entry
- uk head office
- conduct ‘prudent’ business
- appropriate staff
- can be effectively supervised
PRA risk assessment framework considers
- potential impact on customers
- risk context the firm operates in (external and business)
- mitigating factors (risk and management controls, management and governance)
- financial mitigation (liquidity, capital)
- structural mitigation (resolvability)
PRA basic level of monitoring
- compliance with standards for capital
- liquidity, asset valuation, provisioning and reserving
- annual review of the risks the company poses to the pras objective
Proactive intervention framework
used to access the performance of authorised persons against the PRA supervisory framework
- has 5 stages
FCA operational objectives
consumer protection
integrity
competition, in the interest of consumers
define efficient and economic use of resources, who cares about it?
- proportionality
- consumer responsibilities
- transparency
fca and pra care
fixed portfolio firms
- small proportion of firms that require large supervision
- have a named individual supervisor
related to fca
flexible portfolio firms
- use fca customer contact centre
- passed to the appropriate supervisor area where necessary
role authorization and approvals
- what they like
fca and pra have a say on the promotion of person who can impact a firms regulated activity
like candidates that will lead to good
- corporate culture
- product design
- conduct risk management
fca 3 pillar approach to risk
- firm systematic framework (customer at the heart of the business?)
- event driven work (flexible supervisory activity)
- issues and products
what can fca do if they dont like somethong?
ban product
withdraw misleading financial ads
fine and prosecution of people/companies
who fca reports to ?
- reports annually to parliment
- can be vetoed by pra
PRIN
- what
- who
Principles for business:
- integrity
- skill, care, diligence
- management and control
- financial prudence
- market conduct
- customer interests
- communication with clients
- conflicts of interest
- customer relationships of trust
- client assets
- consumer duty
product life cycle
- product design and governance
- identifying the target market
- marketing and promoting the product
- sales and advice process
- after sales information
- complaint handling
consumer clients vs commercial client
consumer = natural person buying, not for trade or profession
commercial = other
consumer duty as described by fca
~ consumer principle
~ crosscutting rules = how firms should act to deliver good outcomes
~ four outcomes
- governance of products and services
- price and value
- consumer understanding
- consumer support
SYSC stands for?
SMCR stands for?
senior management arrangements, systems and controls
senior managers and certification regime
MLRO stands for?
money laundering reporting officer
- establishment and maintenance of effective antimoney laundering systems and controls