Regulation and the FCA Flashcards

1
Q

Q: What is the FCA’s statutory objective?

A

A: To ensure that financial markets work well.

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2
Q

Term: FCA Operational Objectives

A

Definition: Consumer protection, market integrity, and promoting effective competition.

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3
Q

Q: What is the role of the PRA in financial regulation?

A

A: To ensure the safety and soundness of systemically important firms.

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4
Q

Term: FCA Handbook

A

Definition: A set of rules and guidance that regulated firms must follow.

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5
Q

Q: What is the purpose of the FCA’s Principles for Businesses (PRIN)?

A

A: To set out fundamental obligations for all authorised firms

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6
Q

Term: Principle 6 – Customers’ Interests

A

Definition: A firm must pay due regard to the interests of its customers and treat them fairly.

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7
Q

Q: What are the FCA’s four pillars of supervision?

A

A: Proactive, reactive, thematic, and enforcement.

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8
Q

Term: Threshold Conditions (COND)

A

Definition: Minimum standards firms must meet to obtain and retain FCA authorisation.

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9
Q

Q: What is a regulated activity?

A

A: An activity specified under FSMA that requires authorisation from the FCA.

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10
Q

Term: Senior Management Arrangements, Systems and Controls (SYSC)

A

Definition: FCA rules that set expectations for how firms should be organised and governed.

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11
Q

Q: What does the FCA’s risk-based approach mean?

A

A: More supervision is given to higher-risk firms or sectors.

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12
Q

Term: Authorisation

A

Definition: The process by which firms apply for permission to carry out regulated activities.

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13
Q

Q: What are the three types of clients for regulatory purposes?

A

A: Retail, professional, and eligible counterparty.

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14
Q

Term: Client Categorisation

A

Definition: Classification that determines the level of protection a client receives.

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15
Q

Q: What is the Controlled Functions regime?

A

A: The FCA’s framework for identifying key roles that require approval.

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16
Q

Term: Approved Person

A

Definition: Someone authorised to carry out controlled functions under the FCA.

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17
Q

Q: What is the Certification Regime?

A

A: Requires firms to assess the fitness and propriety of certain individuals annually.

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18
Q

Term: Senior Managers Regime

A

Definition: A regime that holds senior individuals accountable for their conduct and decisions.

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19
Q

Q: What is the Conduct Rules Regime?

A

A: A set of rules that apply to most employees in regulated firms.

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20
Q

Term: Statement of Responsibilities

A

Definition: Document detailing a senior manager’s individual responsibilities.

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21
Q

Q: What are the two tiers of Conduct Rules?

A

A: Individual Conduct Rules and Senior Manager Conduct Rules.

22
Q

Term: Fitness and Propriety

A

Definition: Standards an individual must meet to work in a regulated role.

23
Q

Q: What is a breach report?

A

A: Notification to the FCA if someone breaks conduct rules.

24
Q

Term: Enforcement

A

Definition: The FCA’s power to investigate and penalise rule breaches.

25
Q: What actions can the FCA take in enforcement?
A: Fines, bans, suspensions, or criminal prosecution.
26
Term: Variation of Permission
Definition: Request to change the scope of a firm’s FCA authorisation.
27
Q: What is meant by regulatory perimeter?
A: The boundary defining what activities are regulated by the FCA.
28
Term: Skilled Person Report (s166)
Definition: An independent review ordered by the FCA into specific firm activities.
29
Q: What is the FCA Register?
A: A public record of authorised firms, individuals, and regulated activities.
30
Term: Dual-Regulated Firm
Definition: A firm supervised by both the FCA and PRA.
31
Q: How does the FCA promote competition?
A: By encouraging innovation and removing barriers to entry.
32
Term: Sandbox
Definition: A regulatory environment where firms can test new products under FCA oversight.
33
Q: What is the role of the Competition and Markets Authority (CMA)?
A: To promote competition for the benefit of consumers.
34
Term: Regulatory Principles
Definition: High-level standards guiding how the FCA exercises its functions.
35
Q: What is the Principle of Proportionality?
A: The FCA’s actions should be proportionate to the risk posed.
36
Term: SM&CR (Senior Managers and Certification Regime)
Definition: A framework promoting accountability and good governance in financial firms.
37
Q: What is the limitation period for disciplinary action by the FCA?
A: Typically 3 years from when the FCA knew about the misconduct.
38
Term: Breach of Conduct Rules
Definition: An action or behavior that violates the FCA's conduct standards.
39
Q: What is meant by “passporting”?
A: The right to carry out financial services across the EU without extra authorisation (no longer applicable post-Brexit).
40
Term: Principles-Based Regulation
Definition: Focuses on desired outcomes rather than prescriptive rules.
41
Q: What is MiFID II?
A: EU directive designed to increase transparency and investor protection (some parts retained in UK law).
42
Term: Designated Investment Business
Definition: Financial services that involve investments like shares and bonds.
43
Q: What is the role of the Complaints Commissioner?
A: To review complaints against the regulators themselves.
44
Term: Waiver
Definition: FCA’s formal permission to waive or modify certain rules.
45
Q: What are the high-level standards in the FCA Handbook?
A: PRIN, SYSC, COND, and the Code of Conduct.
46
Term: FSMA 2000
Definition: The foundational legislation underpinning financial services regulation in the UK.
47
Q: What does the term “fair, clear and not misleading” refer to?
A: FCA standard for client communications
48
Term: Product Governance
Definition: The process of designing and monitoring financial products to meet customer needs.
49
Q: What is reverse solicitation?
A: When a client initiates contact for a service, allowing certain exemptions from regulation.
50
Term: Own Initiative Requirement (OIREQ)
Definition: FCA's power to impose conditions or restrictions on a firm without its consent.