News & Analysis as of

Prudential Regulation Authority

Six changes to the SMCR for banks

by Dentons on

There might be a temptation for banks to think that the senior managers and certification regimes (SMCR) are old news, and they can just get on with the business of compliance. There are two main reasons, however, why banks...more

Australia's Banking Executive Accountability Regime: A Dangerous Bill

by Jones Day on

The Situation: On 22 September 2017, the Australian Government released a draft bill for the introduction of a Banking Executive Accountability Regime ("Proposed BEAR") allowing only five working days for submissions....more

Key Regulatory Topics: Weekly Update - 22 September 2017 – 28 September 2017

by Allen & Overy LLP on

CAPITAL MARKETS AND MARKET INFRASTRUCTURE - ESMA practical guidance on recognition of third country CSDs - On 28 September 2017, ESMA published practical guidance (dated 26 September 2017) on the recognition by it of...more

The Extension of the Senior Manager and Certification Regime to All FCA Regulated Firms

by Locke Lord LLP on

The FCA has issued its long awaited consultation paper in relation to the extension of the senior manager and certification regimes to the wider financial services sector, after its implementation for banks, building...more

Going Rogue: Circumventing Your Company’s Internal Investigation Process to Identify a Whistleblower Will Cost You

The CEO of Barclays risks losing his 1.6 million-dollar bonus for launching his own personal investigation to identify the company whistleblower who wrote two anonymous letters about his colleague to the Barclays’s Board of...more

OSFI Suspends Compliance Expectations Against Use Of "Bank Words" by Credit Unions, and Solicits Consultation

by Bennett Jones LLP on

Provincially-regulated credit unions that use “bank words” to describe products or services (such as “online banking”) will be relieved to hear that the Office of the Superintendent of Financial Institutions (OSFI) has...more

Key Regulatory Topics: Weekly Update - 4 August - 10 August 2017

by Allen & Overy LLP on

Brexit - Brexit – PRA letter to HoC Treasury Committee on firms' contingency planning - On 9 August, the HoC Treasury Committee published a letter (dated 2 August) from Sam Woods, BoE Deputy Governor, Prudential...more

Two Volcker Rule Updates: Foreign Excluded Funds and Seed Investments

by Latham & Watkins LLP on

Two recent developments involving the Volcker Rule have significant implications for financial regulation in both the US and internationally. Update 1: Temporary Relief for Certain Foreign Funds - On July 21, 2017, the...more

The Financial Report, Volume 6, Number 13

by DLA Piper on

Discussion and Analysis - Two of our items today focus on remarks by new SEC Chairman Jay Clayton and, if they are any indication of the direction the new Chairman intends to take the Commission, they could go a long way to...more

Regulatory developments

by Dentons on

Final Notices - Former Logica employee sentenced in prosecution brought by FCA - Manjeet Mohal, 13 January 2017 - Manjeet Mohal, a former business analyst at Logica Plc, has been sentenced for insider dealing along...more

Prudential Regulation Authority Publishes Policy Statement on Strengthening Individual Accountability in Banking

by Shearman & Sterling LLP on

The Prudential Regulation Authority has published a Policy Statement on strengthening individual accountability in banking. The Policy Statement provides the PRA's final policy on a number of issues. Among other things, the...more

The Financial Report, Volume 6, Number 9

by DLA Piper on

US financial regulators discuss Volcker Rule. CNBC reported that US financial regulators are tackling one of Wall Street’s biggest concerns by discussing the Volcker Rule governing banks’ proprietary trading. Rich Foster,...more

The Financial Report, Volume 6, Number 8

by DLA Piper on

International Monetary Fund reviews top threats to markets and banks. The Wall Street Journal reported on the IMF’s warning that high corporate leverage could threaten financial stability as the Federal Reserve raises...more

Financial Conduct Authority Publishes Policy Statement on Application of its Conduct Rules to Non-Executive Directors

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a Policy Statement on applying conduct rules in the Code of Conduct sourcebook to non-executive directors in the banking and insurance sectors. In-scope NEDs are those who do not...more

Financial Conduct Authority Publishes Policy Statement and Final Guidance on the Duty of Responsibility

by Shearman & Sterling LLP on

The Financial Conduct Authority has published a Policy Statement and final Guidance on how it will enforce the "duty of responsibility". The "duty of responsibility" came into force to replace the much-criticised so-called...more

Variation Margin Requirements Relief

by White & Case LLP on

According to the original timetable, the first implementation date in various G20 countries for uncleared over-the-counter ("OTC") derivative variation margin requirements was 1 September 2016 for the largest market...more

Prudential Regulation Authority Publishes Second Policy Statement on Implementing MiFID II

by Shearman & Sterling LLP on

The Prudential Regulation Authority has published a second Policy Statement and final rules implementing certain aspects of the Markets in Financial Instruments legislative package. Policy Statement 2 relates to aspects of...more

Latest FCA rules and guidance: SMCR, remuneration and whistleblowing

by Dentons on

On 3 May the FCA published a series of policy statements tidying up aspects of the senior managers and certification regime (SMCR) for banks and insurers as well as finalising rules on remuneration and on whistleblowing in...more

UK Regulator Requests Brexit Contingency Planning Assurance

by Shearman & Sterling LLP on

The Prudential Regulation Authority has published a letter to CEOs and branch managers of all banks, insurers and designated investment firms undertaking cross-border activities between the UK and the remainder of the EU,...more

UK HM Treasury Publishes Updated Special Resolution Regime Code of Practice

by Shearman & Sterling LLP on

HM Treasury has published a revised"Banking Act 2009 Special Resolution Regime Code of Practice". The Code aims to encourage financial stability by resolving institutions such as banks, building societies and certain...more

UK Prudential Regulation Authority Publishes Final Consolidated Guidance on Remuneration

by Shearman & Sterling LLP on

The Prudential Regulation Authority has published a Policy Statement and final consolidated Supervisory Statement on its expectations on remuneration. In the latter part of 2016, the PRA consulted on its proposed changes to...more

BREXIT- Hand-over Your Contingency Plans…

by Reed Smith on

Earlier this month the Bank of England’s Prudential Regulation Authority (the ‘PRA’) wrote to all UK companies undertaking cross-border activities between the UK and the EU under passporting arrangements, requesting a summary...more

Bank of England Publishes Consultation on Internal Ratings Based Approach

by Shearman & Sterling LLP on

The Prudential Regulation Authority has published a consultation paper outlining the Prudential Regulation Authority's proposed changes to the Internal Ratings Based approach...more

Deadline Looms for Regulated Firms to Vary Their Permissions to Comply With MiFID II

by Shearman & Sterling LLP on

MiFID II comes into effect on 3 January 2018 and brings with it several important changes for regulated firms. Among these changes is an extension of the list of investment services and activities which firms require...more

What Do Recent Trends in PRA Fines Show Us About Its Enforcement Policy?

by Reed Smith on

This Client Alert looks at the enforcement activity of the PRA since its establishment to better understand its enforcement policy. At the time the disciplinary enforcement jurisdiction of the Prudential Regulation...more

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