Ashley Alder appointed FCA Chair

19 July 2022

HM Treasury has recently announced the appointment of Ashley Alder as the new Chair of the Financial Conduct Authority (FCA). Ashley is currently Chief Executive Officer of the Securities and Futures Commission (SFC) in Hong Kong, a role he has held since 2011. Ashley also chairs the Board of the International Organisation of Securities Commissions (IOSCO) and sits on the Financial Stability Board’s Plenary and its Steering Committee. Ashley began his career as a lawyer in London in 1984 and practised in Hong Kong for more than 20 years. He was Executive Director of the SFC’s Corporate Finance Division from 2001 to 2004, before returning to private practice at Herbert Smith LLP, a law firm, as Head of Asia. Continue reading…

Lieve Lowet

Lieve Lowet

EU Affairs consultant and lobbyist

The Solvency II review – How to safeguard the internal market in insurance? (Part 1)

18 July 2022
Knowledge Base

Since the introduction of Solvency II, there have been very few failures in the insurance sector. Because some failures had cross-border consequences, there has been pressure to change the present regulatory regime in order to give more powers to host supervisors and to EIOPA. Although the functioning of the internal market in insurance can certainly be improved, care must be taken not to overload the barge and to respect the approach that was agreed in the nineties for all financial service operators, i.e. a single market with a single license (European passport) and home country control. Failures are in a way a proof that market mechanisms are working. But in the financial services area, failures are more undesirable than in the rest of the services sector, especially in a cross-border context exercised via the freedom of establishment or the freedom to provide services (FPS). Despite the fact that Solvency II was not conceived as a zero-failure regime and that few failures have occurred in practice, the European Commission, pushed by EIOPA, is proposing important amendments to the present regime for insurers that operate cross-border, justified by supervisory shortcomings and a varying degree of policyholder protection across the EU following these failures. This is part one of Lieve Lowet’s latest blog posts on Solvency II. Part 2 will be published this Wednesday. Continue reading…

FCA fines Ghana International Bank Plc £5.8m for failings in its anti-money laundering controls

14 July 2022

The FCA has fined Ghana International Bank Plc (GIB) £5,829,900 for poor anti-money laundering and counter-terrorist financing controls over its correspondent banking activities. GIB provided correspondent banking services to overseas banks. This allowed them to provide products and services they would not otherwise be able to, including making payments in different currencies and across borders. The FCA requires banks to do extra checks on their correspondent banking customers to reduce the higher risk of money laundering and terrorist financing associated with the service.  Continue reading…

Daniel Vaknine

Daniel Vaknine

CEO and Partner of Visslan

Why internal whistleblowing is superior

13 July 2022
Knowledge Base

Whistleblowing comes in many shapes and forms and is often seen as devastating for the organisation to which the allegations are directed. One amongst many examples is the recent Facebook whistleblower Frances Haugen. Many times, this includes the whistleblower talking to the media. In this article, we will explore why internal whistleblowing is superior to external such and why it’s essential for every organisation to enable their employees to report internally. Although we cover the differences between internal and external whistleblowing in other articles here is a brief overview of the differences. Internal whistleblowing is when an employee reports errors, corruption or malpractice within the organisation, i.e. internally. The employee uses the organisation’s own whistleblowing solution to highlight the issue. External whistleblowing is when a person blows the whistle externally instead of internally. This can be, for example, to the media, authorities or in social media. Common reasons why people choose external whistleblowing include that they have little faith in their own organisation, or because they have tried to blow the whistle internally without seeing any fundamental changes. Continue reading…

National Bank of Belgium to play a key role in funding NextGenerationEU

12 July 2022
Knowledge Base

The National Bank of Belgium (NBB) is to support the European Commission in funding the important NextGenerationEU recovery plan. The Commission has decided to call on the NBB’s market infrastructure and expertise for issuance of the massive package of bonds worth over € 800 billion. During the coronavirus crisis the European Commission decided to support the Member States with an extensive recovery package to make the Union greener, healthier, more digital and more resilient. The package is called NextGenerationEU and will be funded by resources made available by the issuance of debt securities with a maturity of three months to thirty years. Altogether the investment programme amounts to over € 800 billion. The European Commission decided to call on the European Central Bank and the National Bank of Belgium for the issuance of these bonds. While the ECB will act as the payment bank the NBB will arrange the issuance of the bonds through its securities settlement system. Continue reading…

Nancy Mehrad

Nancy Mehrad

Author and the CEO and Founder of Registrant Law Professional Corporation

Conducting securities trading or advising activities in Canada – International Adviser Exemption

11 July 2022

Canadian securities regulators require that entities or individuals that conduct certain specified activities must first be registered with the securities regulatory authorities in the Canadian provinces or territories in which such activities are conducted. Firms and individuals must register if they are in the business of trading or advising in securities, acting as an underwriter, or acting as an investment fund manager. There are, however, numerous exemptions available to the registration requirement. For foreign adviser or dealers, the most commonly used exemptions are (1) international adviser; (2) international sub-adviser; and (3) international dealer. This article is part of a multi-part series, and discusses the international adviser exemption.  Continue reading…

High inflation calls for timely and decisive central bank action

08 July 2022
Knowledge Base

In its flagship economic report, the Bank for International Settlements (BIS) said the global economy risks entering a new era of high inflation. Stagflation dangers loom large, as a combination of lingering disruptions from the pandemic, the war in Ukraine, soaring commodity prices and financial vulnerabilities cloud the outlook. According to the BIS’s Annual Economic Report 2022, the priority for central banks is to restore low and stable inflation. In doing so, they should seek to minimise the hit to economic activity, thereby safeguarding financial stability. Engineering such a “soft landing” has historically been difficult, and the starting conditions today make it challenging, the BIS said. Continue reading…

Boris Johnson’s government plunged into crisis as two ministers quit

06 July 2022
Knowledge Base

Two of the United Kingdom’s most senior ministers have resigned from the cabinet in the latest blow to Prime Minister Boris Johnson’s leadership. Health Minister Sajid Javid and Finance Minister Rishi Sunak announced their resignations within minutes of each other on Tuesday, plunging Johnson’s government into crisis. The resignations came as Johnson was apologising for what he said was a mistake for not realising that a former minister in charge of pastoral care was unsuitable for a job in government after complaints of sexual misconduct were made against him, in the latest embarrassment to have engulfed his government. In their resignation letters to the prime minister, both ministers took aim at Johnson’s ability to run an administration that adhered to standards. Continue reading…

Financial firms are investing more in tech to manage increasingly complex regulatory landscape

05 July 2022
Knowledge Base

Almost half of firms (44%) are planning to invest more in RegTech solutions in the next 12 months to cope with the growing pressure on the compliance function in this fast moving and increasingly complicated regulatory and operational landscape. A further 41% expect to invest the same amount as the previous 12 months. This investment is driving up the overall cost of compliance with almost all (90%) of financial services firms reporting increased compliance costs over the past five years. One in ten said costs have doubled. This was discovered by compliance technology and data analytics firm SteelEye, in its first-ever Annual Compliance Health Check Report. Continue reading…

Basel Committee publishes second consultation document on the prudential treatment of banks’ cryptoasset exposures

04 July 2022

On 30 June, the Basel Committee on Banking Supervision issued a second public consultation on the prudential treatment of banks’ cryptoasset exposures. The basic structure of the proposal in the first consultation is maintained, with cryptoassets divided into two broad groups: Group 1 includes those eligible for treatment under the existing Basel Framework with some modifications. Group 2 includes unbacked cryptoasset and stablecoins with ineffective stabilisation mechanisms, which are subject to a new conservative prudential treatment. Continue reading…