In March the Court of Appeal overturned an earlier High Court judgment and held that the application of Quincecare duty does not depend on the fact that the bank is instructed by an agent of the customer of the bank. In principle, the Quincecare duty could now arise where a non-corporate customer falls victim to an “authorised push payment” (APP) fraud. Continue Reading
Cryptoasset firms and sanctions
The FCA has stressed recently that it expects the cryptoasset sector to play its part in ensuring that Russian sanctions are complied with, and highlighted that the financial sanctions regulations do not differentiate between cryptoassets and other forms of assets.
The use of cryptoassets to breach or circumvent economic sanctions is a criminal offence under the Money Laundering Regulations 2017 and regulations made under the Sanctions and Anti-Money Laundering Act 2018; most notably the Russia (Sanctions) (EU Exit) Regulations 2019, as amended.
In addition to steps taken to identify customers and monitor transactions under the Money Laundering Regulations 2017, the financial sector, including the cryptoasset sector, will also need to implement additional sanctions specific controls as appropriate.
High-risk investments: FCA consults on strengthening financial promotion rules
The FCA perceives that since the start of the COVID-pandemic there has been a rapid growth in the proportion of consumers holding high‑risk investments. In response, the FCA is planning a revamp of the financial promotion regime, and has recently released its consultation paper on the proposed changes. Continue Reading
FCA consults on guidance for firms who seek to limit their liabilities
The Financial Conduct Authority has published proposed guidance on the use by firms of compromises to manage their liabilities. Compromises include arrangements with creditors and/or shareholders, such as Schemes of Arrangement, Part 26A Restructuring Plans, and Creditors Voluntary Arrangements (CVAs).
FCA stepping up competition law enforcement
The UK’s Financial Conduct Authority (FCA) is stepping up competition law enforcement in the financial sector, over which it has concurrent competition law enforcement powers alongside the Competition and Markets Authority (CMA). Continue Reading
A ‘Fundamental Shift’ in Financial Regulation – Further FCA Consultation on New Consumer Duty
2022 looks set to be a busy year for regulated firms dealing with retail customers. Following its initial consultation in May 2021, on 7 December 2021 the FCA issued a further consultation (CP21/36), announcing its desire to “fundamentally shift” the mindset of regulated firms, by implementing a new consumer duty later this year.
The FCA Perimeter Report 2020/21 – Key Points for Firms
The scope of the FCA’s powers and remit is not a simple matter, as the FCA readily acknowledges. The FCA’s regulatory “perimeter” derives primarily from from FSMA and the universe of secondary legislation surrounding it, particularly the Regulated Activities Order (“RAO”). However it also derives powers and responsibilities from various UK and on-shored EU-legislation in relation to areas such as payment services, competition, money laundering, consumer credit, fund management, and so on.
At a time when the UK financial services market place is undergoing profound change due to rapid technological advances, increased digitalisation, the pandemic, Brexit and the drive to a greener economy, the FCA’s perimeter needs to be under constant review and revision.
PRA increases pressure on firms to improve regulatory reporting processes
The Prudential Regulation Authority (PRA) recently a Dear CEO letter titled “Thematic Findings on the reliability of the regulatory reporting“, outlining the current inadequacy of finance firms’ regulatory reporting procedures and the importance of comprehensive processes. The letter summarizes the PRA’s findings following its investigations carried out since October 2019, and a number of s.166 skilled person reviews on the topic. The investigation focused on governance arrangements, systems and controls to produce returns, schedules of key interpretations and assessing the accuracy of firms’ reporting returns. Overall, the PRA said it was disappointed with firms’ regulatory reporting processes. Whilst the PRA recognises potential historical reasons for the gap between the quality of financial reporting and regulatory reporting, it does not consider that an excuse for inaccurate regulatory reporting. Continue Reading
FOS warns on scam complaints – are banks doing enough?
The Financial Ombudsman Service has noted a “dramatic rise” in complaints by consumers concerning financial scams and fraud. With the hope of embuing safer financial habits and a reduction in these types of complaints, FOS reminds consumers to be careful, but also expects banks to respond fairly and effectively to customers’ complaints. Continue Reading
A shot in the dark? Claims against “persons unknown”
A recent judgment in an area which might seem far removed from financial services throws a spotlight on how financial institutions deal with the increasing problem of anonymous online abuse campaigns. Continue Reading
