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Financial Conduct Authority (FCA) Consultation Financial Services Industry

BCLP

A deep dive into the FCA’s approach to the regulation of AI within financial services

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Last week the FCA issued three announcements concerning its approach to the digital future of financial services in the UK. Amongst these was the FCA’s AI Update, their response to the government’s recent AI consultation...more

WilmerHale

The FCA Enforcement Club: Public Membership Soon to be Available...

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“The first rule of enforcement club is that you do in fact talk about enforcement club”; so Therese Chambers, the UK Financial Conduct Authority’s (FCA) joint executive director of enforcement and market oversight, announced...more

Latham & Watkins LLP

FCA Consults on Plans to Announce Enforcement Investigations

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The FCA plans to streamline its approach to enforcement and publicise investigations at an early stage. On 27 February 2024, the FCA published a Consultation Paper (CP24/2) on its proposed new approach to publicising...more

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Personal Matters - How will the risks to firms from individuals’ behaviour increase in 2024?

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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

WilmerHale

Toxic Culture Review: FCA Statutory Demand for Non-Financial Misconduct Data

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“The wholesale insurance market in particular has a long way to go in having an inclusive culture...areas for improvement include...preventing and handling non-financial misconduct,” stated the Financial Conduct Authority...more

WilmerHale

A “New” City Bobby: Proactive FCA Supervision and Enforcement

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In the build-up to his appointment as chief executive of the Financial Conduct Authority (FCA) in 2020, Nikhil Rathi stated that his vision for the regulator involved “a stronger, prompter approach to enforcement”. This...more

BCLP

Applying the FCA’s proposed new guidance on non-financial misconduct

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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

Latham & Watkins LLP

UK Regulators Set Out Policy Proposals on Misconduct; Diversity and Inclusion

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The FCA and the PRA have published their long-awaited consultations which aim to formalise how firms approach diversity and inclusion. On 25 September 2023, the FCA and the PRA published separate but related consultation...more

Goodwin

The FCA Consults: D&I Standards for Large Firms, Nonfinancial Misconduct Rules for All

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On 25 September, the Financial Conduct Authority (FCA) published its consultation paper CP23/20: Diversity and inclusion in the financial sector – working together to drive change alongside a similar consultation paper...more

BCLP

‘Finfluencers’ beware - FCA consults on new social media financial promotions guidance

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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

Latham & Watkins LLP

FCA Consults on Revamped Guidance for Financial Promotions on Social Media

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Regulator clarifies that existing FCA rules will continue to apply but will also reflect the evolving landscape of financial promotions on social media. On 17 July 2023, the FCA published a guidance consultation (GC23/2)...more

Goodwin

Marketing Cryptoassets and Services In and Into The UK: A Near-Final Regulatory Regime

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In our Alert Marketing Cryptoassets and Services in and Into the UK: Shifting Regulatory Sands, we noted the policy statement issued by HM Treasury (HMT) on cryptoasset promotions and the Financial Conduct Authority (FCA)...more

Goodwin

Marketing Cryptoassets and Services in and Into the UK: Shifting Regulatory Sands

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On 1 February 1 2023, HM Treasury (HMT) issued a further policy statement on cryptoasset promotions in the UK, "Government approach to cryptoasset financial promotions regulation policy statement”. It updates HMT’s January...more

WilmerHale

UK Update: ESG Data and Ratings Providers to Come Within Regulatory Perimeter

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A key outcome of the UK’s Financial Conduct Authority’s (“FCA”) ESG strategy is the promotion of integrity within the ESG-labelled securities market, supported by the growth of effective service providers. To that end, in...more

Eversheds Sutherland (US) LLP

The UK’s Financial Conduct Authority has proposed a heightened Consumer Duty on regulated firms

In December 2021, the United Kingdom’s Financial Conduct Authority (FCA) issued a consultation paper publishing a revised proposed new Consumer Duty that would govern FCA-regulated firms’ interactions with retail clients. The...more

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Treasury and FCA move to regulate the marketing of cryptoassets in a similar way to high risk investments.

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In a widely-anticipated development, HM Treasury (“HMT”) has announced its intention to widen the scope of the financial promotions regime in so far as it applies to cryptoassets. Hot on its heels, the Financial Conduct...more

Latham & Watkins LLP

UK FCA Publishes Detailed Plans for New Consumer Duty

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FCA makes clear that it expects a cultural shift in how firms focus on consumers. On 7 December 2021, the FCA published its second Consultation Paper (CP21/36) on introducing a new Consumer Duty....more

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FCA proposals to cut out RDC involvement in significant supervisory cases will lead to undesirable outcomes for the regulator and...

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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

Latham & Watkins LLP

FCA Consults on Post-Brexit Changes to PRIIPS Regulation

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UK rules will diverge from the much-criticised EU framework. On 20 July 2021, the FCA published a Consultation Paper (CP21/23) on amending the UK PRIIPs Regulation. The FCA has long held concerns about the PRIIPs...more

Latham & Watkins LLP

UK Regulators Launch Discussion on Diversity and Inclusion

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Discussion Paper opens debate on potential new rules to improve diversity in financial services. On 7 July 2021, the FCA, the PRA, and the Bank of England published a joint Discussion Paper on diversity and inclusion in...more

Latham & Watkins LLP

FCA Proposes New Climate-Related Disclosure Regime

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The FCA is proposing a disclosure regime for asset managers, life insurers, and pension providers. On 22 June 2021, the FCA published a Consultation Paper (CP21/17) on introducing climate-related financial disclosure...more

Latham & Watkins LLP

Crypto Coming of Age: UK Regulation Hits Cryptoasset Business

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New regulatory requirements, including registration and customer disclosure requirements, apply to regulated and unregulated persons carrying on relevant cryptoasset business. On 20 December 2019, the UK government published...more

Latham & Watkins LLP

Private Bank Briefing: Issues Impacting the Private Bank Sector

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On 23 January 2019, the FCA published a Consultation Paper (CP19/4) concerning further amendments to the Senior Managers and Certification Regime (SMCR). For private banks which are already subject to the SMCR, the...more

BCLP

The FOS can now award £350,000

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Following its consultation in late 2018, the Financial Conduct Authority (“FCA”) has published its new policy statement, which confirms that it will increase the limits on the awards that the Financial Ombudsman Service...more

BCLP

SMCR for FCA-solo regulated firms

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The FCA recently released the latest in a long series of papers relating to the Senior Managers and Certification Regime (“SMCR”). FCA Consultation Paper CP19/4 sets-out new measures designed to “optimise” the SMCR ahead of...more

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