Unit 1 (Glossary) Flashcards
Aggregation
Multiple client orders are bulked together and
processed as a single order. Customers must be
notified of this procedure and its advantages and
disadvantages.
Allocation
The division of a single aggregated order
between two or more investors’ accounts.
Ancillary Services
Activities, for example, giving advice on MiFID
instruments, which are passportable only if the
firm is already passported in relation to a core
investment service or activity (such as dealing),
and if that firm is providing those services as
ancillary services to that activity.
Appointed Representative
Any type of person, ie, an individual or a
company. It must be a party to a contract with
an authorised person that allows it, or them,
to carry on certain regulated activities – and
the authorised person must have accepted
responsibility for the conduct of these regulated
activities in writing.
Approved Persons (APER)
Individuals who are approved by the Financial
Conduct Authority (FCA) to undertake
controlled functions. These individuals are
required to comply with the FCA’s Statements
of Principle and Code of Practice for
Approved Persons (APER).
Authorisation
The Financial Services and Markets Act (FSMA)
requires firms to obtain authorisation prior to
conducting investment business. Authorisation
is gained by receiving one or more Part 4A
permissions from the Financial Conduct
Authority (FCA), and/or the Prudential Regulation
Authority (PRA).
Bank of England (BoE)
The UK’s central bank which acts as the
government’s banker and determines interest
rates via its Monetary Policy Committee (MPC).
Banking Consolidation Directive (BCD)
A credit institution which has its registered
office in a European Economic Area (EEA) state,
excluding any institution to which the BCD does
not apply.
Best Execution
Requires that firms take into account not only
price factors, but also such issues as other costs,
speed, likelihood of execution and settlement,
and all these in the light of the size and nature of
the deal, in determining the means of obtaining
the best outcome for a client when executing
this deal.
Capital Requirements Directive (CRD)
A European Union (EU) directive setting out the
financial rules for financial firms, formerly known
as the Capital Adequacy Directive (CAD). The aim
of the CRD is to ensure that firms hold adequate
financial resources and have adequate systems
and controls to manage the business and the
associated risks prudently.
Certification Regime
This is part of the SM&CR. Individuals will not be
approved by the regulators, rather they will be
given a certificate by their firm to confirm that
they are ‘fit and proper’ to perform their role. The
PRA and FCA have different criteria as to who is
subject to the regime.
Chinese Walls
Organisational barriers to the flow of information
set up in large firms, to prevent the movement
of confidential, sensitive information between
departments, in order to manage any potential
conflicts of interest.
Churning
Excessive trading by a broker in order to generate
commission, regardless of the interests of the
customer.
Client
Individuals or firms that conduct business
through an authorised person. Clients are
categorised as retail, professional or eligible
counterparty.
Client Assets
Securities or other assets held by a firm on behalf
of its clients. The assets have to be kept separate
from the firm’s own assets (segregated).
Code of Practice for Approved Persons (APER)
A code established by the FCA with regard to the
expected behaviour of Approved Persons (see
above).
Collective Investment Scheme (CIS)
A generic term for open-ended funds, for
example, a unit trust and an open-ended
investment company (OEIC), also known as an
investment company with variable capital (ICVC).
Common Platform Firms
Firms subject to either the Capital Requirements Directive (CRD) or the Markets in Financial Instruments Directive (MiFID).
Compulsory Jurisdiction
The range of activities for which complaints fall compulsorily within the jurisdiction of the Financial Ombudsman Service (FOS).
Conduct of Business Sourcebook (COBS) Rules
Rules made by the FCA under the Financial Services and Markets Act 2000 (FSMA) dealing mainly with the relationship between an authorised firm and its clients (those that are either ‘SMFs’ and/or certified persons)
Conduct Rules
This is part of the SM&CR. The PRA and FCA approach will mean that all UK-based employees of relevant firms will be subject to high-level conduct rules. There are additional conduct rules for individuals who are classified as performing a Senior Management Function (SMF) under the Senior Managers Regime.
Contracts of Insurance
Financial products specified by Part III of the Regulated Activities Order 2001, with two subdivisions: general and long-term insurance contracts.
Controlled Functions
Certain roles within authorised firms for which the FCA require the job-holder to be approved (see Approved Persons).
Criminal Justice Act (CJA) 1993
A substantial Act which includes provisions relating to insider dealing, including a definition of that offence.
Customer Function
The controlled function conducted by persons who interact with a firm’s customers, for example, an investment manager or an investment adviser.
Data Protection Act (DPA) 2018
Legislation governing how personal data should be held and the rights of access to it.
Dematerialised
The term used to describe stock which is held in electronic form rather than having ownership evidenced by way of paper certificates.
Depositary Receipts
Bearer instruments evidencing rights over a block of shares which are held with a depositary – usually a bank or trust company. American Depositary Receipts (ADRs) are a good example. Depositary receipts are specified investment instruments under the Financial Services and Markets Act (FSMA)
Designated Professional Bodies (DPBs)
Professional bodies whose members are able to carry on limited financial services business without the need for authorisation from the FCA, providing that the limited financial services offered to clients are incidental to their main business. These are the professional bodies for lawyers, accountants, chartered surveyors, licensed conveyancers and actuaries.
Directives
Legislation issued by the European Union (EU) to its member states requiring them to enact and implement local legislation.
Disclosure and Transparency Rules (DTR)
Contained in the FCA’s DTR Sourcebook. The rules apply to issuers of securities on certain markets and aim to ensure that information is properly handled.
Durable Medium
Paper or any instrument which enables the recipient to store information addressed personally to them in a way accessible for future reference, for a period of time adequate for the purposes of the information
European Union (EU) Directives
Legislation issued by the EU to its member states requiring them to enact and implement local legislation.
European Economic Area (EEA)
The member states of the EU, plus Iceland, Liechtenstein, Norway and Croatia.
Exempt Person
Firms exempt from the need to be authorised to carry on regulated activities. The term includes bodies such as recognised investment exchanges and recognised clearing houses.
FCA Handbook
The document containing the FCA rules, guidance and other provisions, with which authorised firms must comply. The Handbook is divided into a number of separate Sourcebooks and manuals covering different subjects.
Financial Conduct Authority (FCA)
The FCA is responsible for regulating conduct in retail and wholesale markets, supervising the trading infrastructure that supports those markets and for the prudential regulation of firms not regulated by the Prudential Regulation Authority (PRA).
Financial Ombudsman Service (FOS)
The body established to investigate and determine the outcome of complaints made by eligible complainants. The FOS can make awards where appropriate, up to a maximum of £150,000 plus costs (355k if after 4/2020)
Financial Policy Committee (FPC)
The FPC (formed in early 2011) is effectively the UK’s risk regulator with responsibility and powers to reduce systemic risk. As an official committee of the Bank of England it focuses on the macro-economic and financial issues that may threaten long-term growth prospects, holding powers of direction and recommendation over the PRA.
Financial Services Act 2012
The Act of Parliament that altered the regulatory framework in the UK by abolishing the Financial Services Authority (FSA) and introducing the Prudential Regulation Authority (PRA), the Financial Conduct Authority (FCA) and the Financial Policy Committee (FPC)
Financial Services Authority (FSA)
The agency created by the Financial Services and Markets Act 2000 (FSMA) to be the single financial regulator in the UK, it was replaced by the FCA and the PRA on 1 April 2013.
Financial Services and Markets Act (FSMA)
The legislation that established the Financial Services Authority (FSA), and empowered it to regulate the financial services sector. The Act has subsequently been amended by the Financial Services Act 2012 to create the twin peaks approach of regulation in the form of the FCA and the PRA.
Financial Services Compensation Scheme (FSCS)
The scheme created to provide a safety net for customers in the case of a regulated firm being unable to meet its obligations in respect of valid claims.
Fit and Proper
Under the Financial Services and Markets Act 2000 (FSMA) every firm conducting investment business must be fit and proper, and ensure that its affairs are conducted soundly and prudently. This is also the minimum standard for becoming and remaining an approved person.
Futures (contract)
A futures contract is a legally binding arrangement by which parties commit to buy/sell a standard quantity and (if applicable) quality of an asset from another party on a specified date in the future, but at a price agreed today. As the price is agreed at the outset, the seller is protected from a fall in the price of the underlying asset in the intervening time period (and vice versa).
Her Majesty’s Revenue & Customs (HMRC)
The government department responsible for the administration and collection of tax in the UK, and the guidance notes on HM Treasury’s rules for individual savings accounts (ISAs). HMRC is the result of the merger of two formerly separate departments, HM Customs & Excise and the Inland Revenue.
Her Majesty’s Treasury (HM Treasury/the Treasury)
The government department responsible for formulating and implementing the government’s financial and economic policies. Among other things this means that it is responsible for financial services regulation in the UK.
Home State
The term used for the European Union (EU) country where a financial services firm conducting cross-border business is based.
Host State
The term used for a European Union (EU) country in which a financial services firm is doing business from elsewhere.
Inside Information
Information relating to a security, or an issuer, which is not publicly known and which would affect the price of the security if it were made public.
Insider Dealing
One of several offences created under the Criminal Justice Act 1993 which may be committed by an insider in possession of unpublished price-sensitive information if they attempt to deal in affected securities, encourage others to deal, or pass on sensitive information.
Integration
The third stage of the money laundering process. Integration is the stage at which the laundered funds appear to be of legitimate provenance.
Investment Company With Variable Capital (ICVC)
See Open-Ended Investment Company (OEIC)
Joint Money Laundering Steering Group (JMLSG)
A group whose membership is made up of trade bodies in the financial services sector. The JMLSG has published guidance notes which set out how firms should interpret and implement the Money Laundering Regulations. This guidance is not binding but, where there is a breach, compliance with the guidance is relevant to an enforcement action.