In the UK, it has not historically been part of the fabric of our legal and regulatory system to pay whistleblowers who provide evidence to authorities who are investigating potential breaches of law or regulation....more
9/10/2024
/ Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Financial Conduct Authority (FCA) ,
HMRC ,
Pilot Programs ,
Securities and Exchange Commission (SEC) ,
UK ,
UK Competition and Markets Authority (CMA) ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
Financial regulators in the UK have been interested for some years in the question of how personal behaviour can affect the risk profile of a financial institution. A recent SEC case suggests that US regulators may now be...more
2/14/2024
/ Consultation ,
Corporate Crimes ,
Corporate Officers ,
Criminal Justice Reform ,
Criminal Liability ,
Diversity and Inclusion Standards (D&I) ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Internal Controls ,
Proposed Legislation ,
Prudential Regulation Authority (PRA) ,
Respondeat Superior ,
Securities and Exchange Commission (SEC) ,
UK
Non-financial misconduct in financial services firms is back at the top of the agenda following the concurrent publication of the FCA’s Consultation Paper 20/23 (Diversity and inclusion in the financial sector – working...more
The FCA released its 2022/23 Annual Report last week together with data on its key enforcement trends. We consider below some of the key takeaways....more
7/28/2023
/ Annual Reports ,
Anti-Money Laundering ,
Artificial Intelligence ,
Compliance ,
Consumer Protection Laws ,
Criminal Investigations ,
Enforcement Actions ,
Enforcement Statistics ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Financial Services Industry ,
Fraud ,
Investigations ,
UK
The FCA is continuing to crack down on firms and ‘finfluencers’ using social media for non-compliant and illegal financial promotions and this week has announced plans to update its existing guidance on social media and...more
Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more
11/10/2022
/ Anti-Fraud Provisions ,
Anti-Money Laundering ,
Banking Sector ,
Business Interruption ,
Commercial Court ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Disparate Impact ,
Economic Sanctions ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Financial Stability Board ,
Fraud ,
Greenwashing ,
Imports ,
Liquid Natural Gas ,
NYDFS ,
Russia ,
Trade Restrictions ,
UK ,
UK Parliament ,
Ukraine
Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more
10/21/2022
/ Anti-Money Laundering ,
Bank of England ,
Climate Change ,
Economic Sanctions ,
EU ,
FDIC ,
Financial Services Industry ,
Foreign Investment ,
NY Supreme Court ,
Pending Legislation ,
Risk Mitigation ,
Russia ,
UK
On 27 July 2022, the FCA published its policy statement, PS22/9, setting out its final rules for its new Consumer Duty (“Duty”), together with accompanying non-Handbook guidance. The Duty aims to set higher standards of...more
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more
9/22/2022
/ Banking Sector ,
Change in Control ,
Cryptoassets ,
Dear CEO Letter ,
Diversity and Inclusion Standards (D&I) ,
Final Rules ,
Financial Conduct Authority (FCA) ,
Payment Protection Insurance ,
Reporting Requirements ,
UK ,
UK Supreme Court ,
Unfair Contract Terms
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more
8/2/2022
/ AML/CFT ,
Banking Sector ,
Banks ,
Corporate Governance ,
Cryptoassets ,
Economic Sanctions ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Financial Stability Board ,
Serious Fraud Office (SFO) ,
Small and Medium-Sized Enterprises (SMEs) ,
UK
On 29 July 2022, funeral plan providers (“FPPs”) will be brought within the remit of the Financial Conduct Authority (the “FCA”). While entering into a funeral plan contract as a provider has been a regulated activity for...more
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market.
This edition covers...more
7/14/2022
/ Banking Sector ,
Capital Markets ,
Compliance ,
Congressional Committees ,
Economic Sanctions ,
Electronic Communications ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
Health and Safety ,
Internal Controls ,
Mental Health ,
New Guidance ,
Online Platforms ,
Russia ,
UK
New High Court case considers nature and scope of the Quincecare duty -
In June, the Court of Appeal expanded the scope of a bank’s duty of care to protect its customers from fraud to encompass instructions by those other...more
6/21/2022
/ Bank of England ,
Banks ,
Civil Monetary Penalty ,
Climate Change ,
Criminal Liability ,
Duty of Care ,
Economic Sanctions ,
EU ,
European Commission ,
Financial Accounting ,
Fraud ,
Insurance Industry ,
Member State ,
Money Laundering ,
Office of Financial Sanctions Implementation (OFSI) ,
Payment Systems Regulator (PSR) ,
Prudential Regulation Authority (PRA) ,
Risk Factors ,
Russia ,
Third-Party Service Provider ,
UK ,
UK Regulatory Reforms
Privy Council rules against extension of the Quincecare duty -
Does a bank owe a duty of care to a person who is the beneficial owner of funds held in the account of a customer of the bank and who has been defrauded by...more
5/31/2022
/ Beneficial Owner ,
Cybersecurity ,
Duty of Care ,
Economic Sanctions ,
Enforcement Actions ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Know Your Customers ,
Payment Systems ,
Privileged Communication ,
UK
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market....more
5/17/2022
/ Anti-Money Laundering ,
Antitrust Violations ,
Banking Sector ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Economic Sanctions ,
Ethnicity ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Crimes ,
FTSE ,
Modern Slavery Act ,
Retail Banks ,
Russia ,
UK ,
UK Competition and Markets Authority (CMA) ,
Ukraine
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market. ...more
Welcome to Banking Bites! This is our short summary flagging key developments in the UK that we hope will inform your activities in your market.
This edition covers...more
At the end of July 2021, the FCA published a consultation paper, CP21/25, setting out proposals to reduce the decision-making remit of its quasi-independent Regulatory Decisions Committee (“RDC”) and instead bring those...more
Yesterday’s joint Discussion Paper (DP21/2) published by the Bank of England, Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA, together “the regulators”) on “Diversity and inclusion in the financial...more
7/8/2021
/ Bank of England ,
Corporate Culture ,
Corporate Governance ,
CRD V ,
Discussion Draft ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Financial Services Industry ,
Prudential Regulation Authority (PRA) ,
Remuneration ,
Reporting Requirements ,
Senior Management Regime (SMR) ,
Senior Managers ,
UK
The FCA published today a collection of new ‘pricing practices’ rules for insurers and insurance distributors. Most headlines will be on the new price-walking prohibition for home and motor insurance, new rules on...more
On 14 May 2021, the FCA published Consultation Paper CP21/13 outlining much-anticipated proposals relating to the standards expected of regulated firms to ensure the protection of retail consumers. The Consultation Paper...more
Two senior members of the FCA have recently delivered significant speeches on the importance of diversity and inclusion (“D&I”) in regulated firms and why this should be considered a regulatory issue. Whilst the importance of...more
The FCA has recently updated its Senior Managers and Certification Regime (“SMCR”) webpage for FCA solo-regulated firms.
In particular, by reference to a list of positive/negative “indicators”, the FCA has set out further...more
On 11 May 2020, Practical Law published a new practice note, written by Polly James, a partner in our Investigations, Financial Regulation and White Collar practice group, on whistleblower frameworks for financial...more
Under the Senior Managers and Certification Regime (“SMCR”), firms are required to identify and report to the FCA any instances of disciplinary action taken in relation to conduct that would amount to a breach of one of the...more
2/10/2020
/ Artificial Intelligence ,
Banking Sector ,
Blockchain ,
Bribery ,
Cartels ,
Corporate Governance ,
Corporate Misconduct ,
Environmental Social & Governance (ESG) ,
EU ,
Financial Conduct Authority (FCA) ,
Financial Institutions ,
Financial Services Industry ,
Hong Kong Securities and Futures Commission (HKSFC) ,
Insurance Industry ,
Payment Systems ,
Risk Management ,
SMCR ,
Technology ,
UK ,
United Arab Emirates (UAE) ,
Whistleblower Protection Policies