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Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...
Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...
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Regulated mortgage contracts—flowchart Background to and scope of this flowchart A person that carries on a regulated activity in the UK by way of business, where there is no applicable exclusion or exemption, must be authorised under the Financial Services and Markets Act 2000 (FSMA 2000). For more information on the implications of a person carrying on a regulated activity, see Practice Note: The general prohibition and implications of its breach. For more information about what it means to carry on business in the UK, see Practice Notes: What does 'by way of business' mean? and Territorial scope of the general prohibition. For more information about exemptions and exclusions that may be applicable, see Practice Notes: Regulated activities—exempt persons and Exclusions and exemptions relating to the general prohibition—an introduction. On 31 October 2004 (a date known as ‘M Day’), lenders and intermediaries of regulated mortgage contracts (RMCs) became regulated. The purpose of this flowchart is to set out the main questions to ask a person to determine whether or not...
Home reversion plans and home purchase plans—flowchart Background to and scope of this flowchart A person that carries on a regulated activity in the UK by way of business, where there is no applicable exclusion or exemption, must be authorised under the Financial Services and Markets Act 2000 (FSMA 2000). For more information on the implications of a person carrying on a regulated activity, see Practice note: The general prohibition and implications of its breach. For more information about what it means to carry on business in the UK, see Practice Notes: What does 'by way of business' mean? and Territorial scope of the general prohibition. For more information about exemptions and exclusions that may be applicable, see Practice Notes: Regulated activities—exempt persons and Exclusions and exemptions relating to the general prohibition—an introduction. In December 2005, the Regulation of Financial Services (Land Transactions) Act 2005 (RFS(LT)A 2005) was enacted which enabled the Financial Conduct Authority (FCA) and its predecessor, the Financial Services Authority (FSA), to regulate activities that are similar...
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The Connect system BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. Connect is the web-based system for notifications and applications. The Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) have been using Connect since 1 October 2014, when it replaced the previous Online Notification and Application System (ONA) . Although the FCA oversees the Connect system, it is used by both the FCA and PRA. Submissions route to the relevant regulator and, in the case of dual-regulated firms, the PRA takes the lead on handling submissions. Applications and notifications available via Connect Firms can make applications and notifications via Connect for the following:...
Prudential Regulation Authority—cancelling permission and requirements BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. Cancellation refers to the removal of a firm's Part 4A permission. Where Prudential Regulation Authority (PRA)-authorised firms cease to carry out regulated activities, their Part 4A permission must be cancelled. The PRA can also use its own-initiative powers to cancel a permission in certain circumstances. Where requirements have been placed on authorised firms, these can also be cancelled, either at the request of authorised firms or where the PRA uses its own-initiative powers. If a PRA-authorised firm wishes to have its Part 4A permission cancelled it must demonstrate to...
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Board minutes—IPO—AIM—approving intention to float announcement Company number: [insert number] [insert company name] [Limited OR plc] Minutes of a meeting of the board of directors (the Meeting) of [insert full name of company] (the Company) Held at [insert place of meeting] On [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means])] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg the company secretary, any legal advisers)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [Insert name] was appointed Chair of the Meeting. It was reported that proper notice...
Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...
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When is a private company allowed to offer shares to the public? Would an offer to several investors or a group of high net worth individuals be construed as an offer to the public? Prohibition of public offers by private company (Companies Act 2006, Part 20, Chapter 1) Under section 755(1) of the Companies Act 2006 (CA 2006) a private limited company must not: • offer to the public any securities (ie shares or debentures) of the company, or • allot or agree to allot any securities of the company with a view to their being offered to the public Further CA 2006, s 755(2) confirms that, unless proved otherwise, an allotment or agreement to allot securities will be presumed to be made with a view to their being offered to the public if an offer of the securities (or any of them) to the public is made: • within six months after the allotment or agreement to allot, or • before the receipt by the...
Can a credit agreement be declared unenforceable as a result of irresponsible lending practices by the lender? We refer you to the following Practice Notes: • Consumer credit agreements—pre-contract requirements • Responsible lending requirements—CONC 5 • FSMA 2000—private rights of action for breach of statutory duty • Consumer Redress Schemes The rules in chapters 4 and 5 of the Financial Conduct Authority (FCA)’s Consumer Credit Sourcebook (CONC 4 and 5) replaced the Office of Fair Trading (OFT)’s Irresponsible Lending Guidelines (ILG) that were in place before regulation of consumer credit became the responsibility of the FCA. You will note from Practice Note: FSMA 2000—private rights of action for breach of statutory duty that under section 138D of the Financial Services and Markets Act 2000 (FSMA 2000), a private person who has suffered a loss as a result of an FCA rule breach by an authorised person, has an actionable suit against that authorised person. The fact of the breach, as long as
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This week's edition of Financial Services weekly highlights includes: PRA sends Dear CEO letters to UK deposit takers and international banks; EBA issues Opinion on interaction between output floor and Pillar 2 requirements; UNEP FI and WWF publish report mapping rise in nature-related banking regulations globally; plus dates for your diary over the coming week.
HM Treasury (HMT) has updated its Policy Paper ‘Applying the FSMA 2000 model of regulation to the Capital Requirements Regulation’ to reflect the Prudential Regulation Authority’s (PRA) decision to delay the implementation of Basel 3.1 in the UK until 1 January 2027.
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