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Financial Conduct Authority

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Financial regulation is a broad set of policies that apply to the financial sector in most jurisdictions, justified by two main features of finance: systemic risk , which implies that the failure of financial firms involves public interest considerations; and information asymmetry , which justifies curbs on freedom of contract in selected areas of financial services, particularly those that involve retail clients and/or Principal–agent problems . An integral part of financial regulation is the supervision of designated financial firms and markets by specialized authorities such as securities commissions and bank supervisors .

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37-676: The Financial Conduct Authority ( FCA ) is a financial regulatory body in the United Kingdom . It operates independently of the UK Government and is financed by charging fees to members of the financial services industry. The FCA regulates financial firms providing services to consumers and maintains the integrity of the financial markets in the United Kingdom. It focuses on the regulation of conduct by both retail and wholesale financial services firms. Like its predecessor

74-542: A "disorderly market" through its actions. Financial regulation In some jurisdictions, certain aspects of financial supervision are delegated to self-regulatory organizations . Financial regulation forms one of three legal categories which constitutes the content of financial law , the other two being market practices and case law . In the early modern period , the Dutch were the pioneers in financial regulation. The first recorded ban (regulation) on short selling

111-607: A business must offer a broad range of retail investment products and give consumers unbiased and unrestricted advice based on comprehensive and fair market analysis . In February 2011, it was confirmed that the new head of the FCA would be Martin Wheatley , formerly chairman of Hong Kong's Securities and Futures Commission . However, Wheatley's appointment was not put in front of the Treasury Select Committee for

148-467: A mutual company in the United States has been mutual insurance . Some insurance companies are set up as stock companies and then mutualized, their ownership passing to their policy owners. In mutual insurance companies, what would have been profits are instead rebated to the clients in the form of dividend distributions, reduced future premiums or paid up additions to the policy value. This

185-711: A new regulatory structure consisting of the Bank of England's Financial Policy Committee, the Prudential Regulation Authority and the Financial Conduct Authority. With effect from 14 September 2019, the FCA introduced strong customer authentication rules as required by the Revised Directive on Payment Services (PSD2), aiming to reduce fraud and improve security by requiring payment services providers to use two of

222-497: A pre-appointment hearing. Instead, the Government stated it would put Wheatley and future chief executives forward for a pre-commencement hearing, i.e. after they had been formally appointed but before they began the role. In July 2015, Wheatley resigned his post at the FCA following a vote of no confidence by George Osborne . In September 2015, Tracey McDermott took over from Wheatley as acting chief executive. Andrew Bailey

259-568: A proper manner. Most prominent the pricing process, execution and settlement of trades, direct and efficient trade monitoring. Financial regulators ensure that listed companies and market participants comply with various regulations under the trading acts. The trading acts demands that listed companies publish regular financial reports, ad hoc notifications or directors' dealings. Whereas market participants are required to publish major shareholder notifications. The objective of monitoring compliance by listed companies with their disclosure requirements

296-754: A refund under the Contingent Reimbursement Model Scheme, a voluntary scheme overseen by the Payment Systems Regulator that provides protections for customers of signatory firms, subject to a number of exclusions. The Office for Professional Body Anti-Money Laundering Supervision ( OPBAS ) is based within the FCA. It was established in January 2018 to oversee the 22 accountancy and legal professional bodies which supervise anti- money laundering compliance in view of

333-422: A typical company. Some mutual insurance companies make this claim explicitly. In more general terms, mutual organizations are able to minimize the principal–agent problem by removing one stakeholder, the investor-owner, in favor of one of the other stakeholders, usually the customer, who becomes both user and joint owner of the business. However, the mutual form of ownership also has disadvantages. One example

370-408: Is a competitive advantage to such companies—the idea of owning a piece of the company could be more attractive to some potential clients than the idea of being a source of profits for investors. In the typical stock company, profits go to shareholders. In contrast, a mutual manages the company in the best interests of the customers. Furthermore, a mutual company is able to focus on a longer horizon than

407-614: Is embedded in its name. It is noted that other formerly mutual companies such as Washington Mutual , a former savings and loan association , have been allowed to demutualize and yet retain their names. The approximate British equivalent of the savings and loan is the building society . Building societies also went through an era of demutualisation in the 1980s and 1990s, leaving only one large national building society and around forty smaller regional and local ones. Significant demutualisation also occurred in Australia and South Africa in

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444-444: Is that mutual companies have no shares to sell and hence no access to equity markets . At one time, most major U.S. life insurers were mutual companies. For many years, the tax status of such organizations was open to dispute, as they were technically nonprofit organizations. Eventually, it was agreed that federal taxation would be based on their share of business: for instance, in years in which mutual companies represented half of

481-399: Is the process by which a joint stock company changes legal form to a mutual organization or a cooperative , so that the majority of the stock is owned by employees or customers. Demutualization or demutualisation is the reverse process, whereby a mutual may convert itself to a joint-stock company. This process became increasingly common in the 1980s as a result of deregulation. In

518-484: Is to ensure that investors have access to essential and adequate information for making an informed assessment of listed companies and their securities. Asset management supervision or investment acts ensures the frictionless operation of those vehicles. Banking acts lay down rules for banks which they have to observe when they are being established and when they are carrying on their business. These rules are designed to prevent unwelcome developments that might disrupt

555-529: The FSA , the FCA is structured as a company limited by guarantee . The FCA works alongside the Prudential Regulation Authority and the Financial Policy Committee to set regulatory requirements for the financial sector. The FCA is responsible for the conduct of around 58,000 businesses which employ 2.2 million people and contribute around £65.6 billion in annual tax revenue to the economy in

592-490: The Money Laundering Act 2017 . The authority has significant powers, including the power to regulate conduct related to the marketing of financial products. It is able to specify minimum standards and to place requirements on products. It has the power to investigate organisations and individuals. In addition, the FCA is able to ban financial products for up to a year while considering an indefinite ban. It has

629-476: The Office of Fair Trading . In July 2023, the FCA announced reforms aiming to curb the use of social media by 'finfluencers' to encourage the purchasing of harmful financial products by UK consumers. Among the reforms was a ban on crypto incentives, such as 'refer a friend' bonuses, a compulsion for finfluencers to have clear risk warnings and for products to have a 24-hour cooling period to give first-time investors

666-573: The Prudential Insurance Company of America and the Metropolitan Life Insurance Company have demutualized , with shares of stock being distributed to their policyholders to represent the ownership interest they formerly had in the form of their interest as mutual policyholders. The Mutual of Omaha Insurance Company has also investigated demutualization, even though its form of ownership

703-456: The capital of the organization, but derive their right to profits and votes through their customer relationship. A mutual exists with the purpose of raising funds from its membership or customers (collectively called its members ), which can then be used to provide common services to all members of the organization or society. A mutual is therefore owned by, and run for the benefit of, its members – it has no external shareholders to pay in

740-642: The FCA once the FSA ceases operations in 2013. Griffith-Jones joined the FSA board in September 2012, as a non executive director and deputy chair. Charles Randell became chair of the FCA and PSR in April 2018. In October 2021, he resigned from this position and is scheduled to leave the post in Spring 2022. On February 7, 2022, Richard Lloyd was named to begin serving as interim FCA chair from June 2022. In June 2013,

777-521: The FCA released a report from Simon Davis from Clifford Chance LLP inquiring into the events of 27/28 March 2014 relating to the press briefing of information in the FCA's 2014/15 Business Plan. The report recommended: On 16 December 2014, the Treasury select committee commenced taking evidence on the press briefing. Shortly thereafter, committee chair Andrew Tyrie said it looked as if the FCA had been guilty of an "extraordinary blunder" and had created

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814-450: The FCA to identify potential risks early so they can take action to reduce the risks. There are more than 10,000 mutual societies in the United Kingdom. The FCA are responsible for registering new mutual societies, keeping public records, and receiving annual returns. Beginning December 31, 2012, independent financial advisers (IFAs) are legally obliged to follow Retail Distribution Review (RDR) rules. In order to be classed as an IFA,

851-508: The Financial Conduct Authority was criticised by the Parliamentary Commission on Banking Standards in their report "Changing Banking for Good", which stated: The interest rate swap scandal has cost small businesses dear. Many had no concept of the instrument they were being pressured to buy. This applies to embedded swaps as much as standalone products. The response by the FSA and FCA has been inadequate. If, as they claim,

888-547: The UK. In April 2015, the FCA created a separate entity, the Payment Systems Regulator (PSR), in accordance with section 40 of the Financial Services (Banking Reform) Act 2013. The PSR's role is "to promote competition and innovation in payment systems, and ensure they work in the interests of the organisations and people that use them". From May 2019 some victims of authorized push payment fraud are eligible to receive

925-670: The United Kingdom. On 19 December 2012, the Financial Services Act 2012 received royal assent , and it came into force on 1 April 2013. The Act created a new regulatory framework for financial services and abolished the Financial Services Authority . Specifically, the Act gave the Bank of England responsibility for financial stability, bringing together macro and micro prudential regulation, and created

962-483: The business, they would be responsible for half of the taxes paid by the industry. Many savings and loan associations were also mutual companies, owned by their depositors. As a form of corporate ownership the mutual has fallen out of favor in the U.S. since the 1980s. Savings and loan industry deregulation and the late 1980s savings and loan crisis led many to change to stock ownership, or in some cases into banks . Many large U.S.-based insurance companies, such as

999-487: The following three types of authentication when customers make online payments over €30 in the EEA: The FCA published new Listing Rules in 2024, aiming to simplify the UK listings regime, marking the most significant changes in over three decades. These rules, effective from 29 July 2024, created a single listing category and streamlined eligibility criteria to encourage a wider range of companies to issue shares in

1036-451: The form of dividends , and as such does not usually seek to maximize and make large profits or capital gains . Mutuals exist for the members to benefit from the services they provide and often do not pay income tax . Surplus revenue made will usually be re-invested in the mutual to sustain or grow the organization, though some mutuals operate a dividend scheme similar to a cooperative. The primary form of financial business set up as

1073-508: The increase in mortgage interest rates of the Bank of Ireland 's subsidiary of the United Kingdom. There had been calls for the resignation of chairman John Griffith-Jones because of his responsibility for auditing HBOS as chairman of KPMG at the time of the financial crisis of 2007–08 . There has also been criticism of Chief Executive Martin Wheatley because of his responsibility for the minibond fiasco in Hong Kong. On 10 December 2014,

1110-411: The power to instruct firms to immediately retract or modify promotions which it finds to be misleading and to publish such decisions. Furthermore, the FCA is able to freeze assets of individuals or organisations under investigation, regardless of whether they are innocent or guilty. The authority has been responsible for regulating the consumer credit industry since 1 April 2014, taking over the role from

1147-591: The regulators do not have the power to deal with these abuses, then it is for the Government and Parliament to ensure that the regulators have the powers they need to enable restitution to be made for this egregious mis-selling.—"Changing Banking for Good: Report of the Parliamentary Commission on Banking Standards", House of Lords , House of Commons The FCA was rebuked by the Treasury Select Committee for lack of concern over

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1184-447: The same era. Cooperatives are very similar to mutual companies. They tend to deal in primarily tangible goods and services such as agricultural commodities or utilities rather than intangible products such as financial services . Nevertheless, banking institutions with close ties to the co-operative movement are usually known as credit unions or cooperative banks rather than mutuals. Various types of financial institutions around

1221-409: The smooth functioning of the banking system. Thus ensuring a strong and efficient banking system. Mutual Society A mutual organization , also mutual society or simply mutual , is an organization (which is often, but not always, a company or business ) based on the principle of mutuality and governed by private law. Unlike a cooperative , members usually do not directly contribute to

1258-504: The time to adequately consider their investment decision. The move came following a significant rise in social media promotion of financial products by finfluencers in 2022, with 14 times more having been posted than the previous year. The Financial Services Act of 2012 set out a new system for regulating financial services in order to protect and improve the UK's economy. The FCA will supervise banks to ensure they treat customers fairly, encourage innovation and healthy competition, and help

1295-419: The world are mutuals, and examples include: Some mutual financial institutions offer services very similar to (if not the same as) those of a commercial bank . In some markets, mutuals offer very competitive interest rates and fee tariffs on savings and deposit accounts , mortgages and loans . The members who save and borrow with the mutual ultimately own the business. Mutualization or mutualisation

1332-535: Was appointed chief executive on 26 January 2016. After Bailey moved to become the Governor of the Bank of England , it was announced that Christopher Woolard would become the Interim Chief Executive. In June 2020, it was announced that Woolard would be succeeded on a permanent basis by Nikhil Rathi . In June 2012, it was confirmed that John Griffith-Jones would become the non executive chair of

1369-401: Was enacted by the Dutch authorities as early as 1610. The objectives of financial regulators are usually: Acts empower organizations, government or non-government, to monitor activities and enforce actions. There are various setups and combinations in place for the financial regulatory structure around the globe. Exchange acts ensure that trading on the floor of exchanges is conducted in

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