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Financial crime and financial regulatory enforcement

6 November 2015

The financial industry gets a warm reception from the FCA and PRA – but individuals may still be left in the cold

Tracey McDermott,  Acting Chief Executive of the FCA, and Andrew Bailey, Chief Executive Officer of the PRA spoke at the City Banquet at Mansion House on 22 October. Both used their speeches to reflect on the work done by their respective agencies, and to outline priorities for the future.

16 October 2015

Holding individuals to account in financial services - unexpected shift in burden of proof

The mission to improve accountability for individuals working in financial services is still in full swing as the Treasury introduced the Bank of England Financial Services Bill on 15th October.  One of the key provisions is the extension of the Senior Managers and Certification regimes (SM&CR), introduced under the Financial Services (Banking Reform) Act 2013 (due to come into force in March 2016 for the majority of the banking sector),  to cover all investment companies, insurers, asset managers and consumer credit firms by 2018. The Treasury argues that extending the SM&CR across the whole financial services industry will create a fairer, more consistent and rigorous regime for all financial services firms – taking the number of Senior Managers in firms under scrutiny to 60 000 plus.

Julie Matheson and Louise Hodges look at what the changes may mean and highlight a number of questions that remain unanswered.

Louise Hodges

14 October 2015

European regulation of insider dealing and market manipulation: build up to the new market abuse regime from 2016

The European Securities and Markets Authority (ESMA) has recently published its final technical standards on, inter alia, the Market Abuse Regulation (Regulation 596/2014) (MAR). The technical standards include proposed “regulatory technical standards” (RTS) and “implementing technical standards” (ITS). The RTS and ITS have now been passed to the European Commission, which has three months to decide whether to accept the final standards. 

Louise Hodges

12 October 2015

Regulatory references in the financial services industry – PRA & FCA consultation

The reforms of the FCA and PRA in relation to the regulation of firms and individuals in the financial and insurance industries continue apace.  The new Senior Managers Regime will come into force in March 2016. Responsibility for assessing the fitness and propriety of senior managers and others will shift away from the regulators to the institutions themselves.  

Andreas White

8 October 2015

HMRC proposals for tackling off-shore tax evasion seriously flawed

With the deadline for responses to HMRC’s consultation on new proposed powers to “crack down” on offshore tax evasion due today, David Sleight and Edmund Smyth set out their concerns relating to the hard hitting proposals, which include a strict liability offence for individuals who are suspected of offshore tax evasion.  
 

David Sleight

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