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Mind map

UK Regulatory Framework

her5000 English

Mind map on the UK regulatory framework: regulation, developments leading to N2, FSMA 2000 and other regulatory bodies

Mind map: UK regulatory framework

Map content

UK Regulatory Framework

  1. Rationale

    • For
      • Consumer protection
        • Information asymmetry
        • intangible product
        • long term nature
      • Vulnerability to financial crime
        • more than other industries
      • Systemic failure of the economy
        • contagion effect
      • minimise monopolistic/ anti-competitive behaviours
        • larger firms - economies of scale
        • barrier to entry
        • reduction in competition
          • higher prices
          • less consumer choice
    • Against
      • monetary cost of compliance
        • passed to consumer
      • Cost is barrier to entry to industry
        • less competition
        • less consumer choice
  2. Regulation

    • laws
    • Rules
    • Principles
    • guidance
    • standards
    • Based in statute
      • supervised by designated body
  3. Background to Regulation

    • Before 1 Dec 2001 [N2]
      • Self regulatory
        • Prevention of Fraud (Investments) Act 1958
          • registered or exempt
          • scope narrow & open to interpretation
        • voluntary system of regulation
          • City of London 'club'
      • Reasons for change in approach
        • growth in disposable incomes
          • gtr demand
        • globalisation of industry
        • increased competition
        • financial services scandals 70s/80s
  4. Developments leading to N2

    • The Gower Report
      • mandate
        • statutory investor protection
        • ctrl of investment advice & mgmt
        • could legal changes be made to improve consumer protection?
        • developments in EEC
      • self regulation in statutory framework
        • self regulatory organisations (SROs)
          • designated gov agency
      • Financial Services Act (FSAct) 1986 [A Day]
        • investment business
        • Exclusions
          • Banking
            • BoE - Banking Act 1987
          • Building Socs
            • Building Socs Commission
              • Building Societies Act 1986
          • Friendly Societies
            • Friendly Socs Commission
              • Friendly Societies Act 1974
          • Prudential & Corp conduct - Insurance Co's
            • Treasury
              • Insurance Companies Act 1982
        • Securities & Investments Board (SIB)
          • recognised self regulatory orgs (SROs)
            • Personal Investment Authority (PIA)
            • Investment Management Regulatory Organisation (IMRO)
            • Securities & Futures Authority (SFA)
            • Rqd to adopt SIBS principles & rules
          • recognised other bodies
            • Recognised Professional Bodies (RPBs)
              • e.g. Law Society
              • Recognised Investment Exchanges (RIEs)
              • Recognised clearing houses (RCHs)
          • Firms could be authorised by SRO or direct by SIB
            • authorised before do business
          • Concepts intro
            • Polarization
            • best execution & best advice
        • ist attempt to intro structured reg regime
    • 1997 Reforms
      • SIB renamed FSA Oct 97
        • N1 - Jun 98 - FSA took over bank supervision
      • Reasons
        • Criticism FSAct
        • complexity of SRO rulebooks
          • burdonsome
          • confusing to consumers
        • principles of self regulation not evident
        • FSAct failed consumers
          • pensions mis-selling 80s
          • mis-selling low cost endowment plans 80s/90s
  5. FSMA 2000 [N2]

    • 1 regulator
    • Key Provisions
      • Authorisation
        • s.19 General Prohibition
        • Some bodies exempt
          • Exempt Persons Order
            • designated professional bodies
            • BoE
            • European Central Bank
      • Products
        • almost all financial products
          • Peer to Peer lending - Apr 14
      • Powers & Duties for FSA
        • Authorise
        • investigate
        • Discipline
        • ctrl of fin proms
        • marketing of collective investment schemes
        • 4 regulatory objectives
          • FCA strategic objective
          • PRA statutory objectives
      • Principles
        • 11 Principles for Business
        • 7 Stmts of Principle for Approved Persons
        • Principles of good regulation
      • Other Bodies
        • FOS
        • FSCS
        • Fin Svcs & Markets Tribunal (FSMT)
          • now replaced by Upper Tribunal
      • Approved Persons
      • Market Abuse
        • intro civil offence
      • Est FSA
        • Financial Services Act 2010
          • removed FSA customer education objective
            • set up independent body Consumer Financial Education Body
          • new FSA objective
            • protecting & enhancing UK financial stability
          • Required FSA to ensure firms have remuneration policy
          • Enhance enforcement powers
            • suspend firms/individuals for disciplinary reasons
              • credible deterrence
    • Financial Services Act 2012
      • twin peaks structure
        • PRA / FCA given statutory powers
  6. Other Regulatory Bodies

    • FSCS
      • fund of last resort
      • compulsory levy on firms
    • FOS
      • complaints
      • max award £150k
        • In Focus Asset Management & Tax Solutions to clients Barry and Julie Clark - Court of Appeal 2014
          • FOS award final can't sue for more
    • The Upper Tribunal
      • taken over powers of FSMT
      • decisions on
        • discipline firms/Approved Persons
        • Vary permissions
        • deal with market abuse
        • withdraw individual approval
        • make prohibition orders
      • FSMT - Legal & General case
        • Strachan Report
          • investigations separate from decisions
    • Bank of England
      • set monetary policy
      • Lender of last resort
    • UK Listing Authority
      • listing of securities
    • Recognised Investment Exchanges (RIEs) & Recognised Clearing Houses (RCHs)
      • exempt from need to be authorised
    • UK Government
      • Treasury
      • Dept for Businss Innvation & Skills (BIS)
      • Dept for Work & Pensions (DWP)
      • OFT
      • NCA
      • serious fraud office

Information

Description
Mind Map on UK Regulatory Framework, created by her5000 on 07/03/2014.
Created by
her5000
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