Nikhil Rathi: Transforming to a forward-looking, proactive regulator

20 July 2021
Knowledge Base

Nikhil Rathi, Chief Executive of the Financial Conduct Authority (FCA), recently delivered a speech at the launch of the FCA’s Business Plan. When I became CEO last October, I joined a purposeful organisation. Our people working round the clock with great energy and to great effect to stand up for consumers and businesses affected by the pandemic. Almost five million payment deferrals granted across credit cards, loans and mortgages to people who had suddenly little or no money coming in. Businesses forced to close or scale back operations won insurance payments of more than three-quarters of a billion pounds for COVID-related losses thanks to our efforts in the Supreme Court. And all the while, the global markets we oversee proved resilient at a time of unique stress and volatility – laying the foundations for record capital raising this year to support economic recovery. Continue reading…

Eurosystem launches digital euro project

19 July 2021
Knowledge Base

The Governing Council of the European Central Bank (ECB) recently decided to launch the investigation phase of a digital euro project. Following the decision, the President of the Eurogroup Paschal Donohoe joined the meeting, congratulated the Governing Council and expressed his full support for the project. “It has been nine months since we published our report on a digital euro. In that time, we have carried out further analysis, sought input from citizens and professionals, and conducted some experiments, with encouraging results. All of this has led us to decide to move up a gear and start the digital euro project”, says ECB President Christine Lagarde. “Our work aims to ensure that in the digital age citizens and firms continue to have access to the safest form of money, central bank money”. Continue reading…

Coordinated action cuts off access to VPN service used by ransomware groups

16 July 2021
Knowledge Base

Takedown of DoubleVPN makes it harder for criminal hackers to cover their tracks. This week, law enforcement and judicial authorities in Europe, the US and Canada have seized the web domains and server infrastructure of DoubleVPN. This is a virtual private network (VPN) service which provided a safe haven for cybercriminals to attack their victims. This coordinated takedown, led by the Dutch National Police (Politie), under jurisdiction of the National Public Prosecutor’s Office (Landelijk Parket), with international activity coordinated by Europol and Eurojust, has now ended the availability of this service.  Continue reading…

FCA consults on reforms to improve the effectiveness of UK primary markets

14 July 2021
Knowledge Base

The FCA has launched a consultation on a series of proposed reforms to improve the effectiveness of UK primary markets, alongside a discussion of how it might continue to develop the regime to ensure the UK remains a competitive and dynamic market. Recently, both the UK Listing Review, chaired by Lord Jonathan Hill, and the Kalifa Review of UK FinTech have made specific recommendations for improvements to the regime. The FCA’s suggested reforms seek to address, and build, on the proposals in these important reviews to ensure that the UK remains an attractive place to grow and list successful companies. Continue reading…

What did discussions on international tax reform focus on?

13 July 2021
Knowledge Base

Members of the Organization for Economic Co-operation and Development (OECD) / G20 / Inclusive Framework worked on a global consensus-based solution to reform the international corporate tax framework. The discussion focused on two broad work streams: Pillar One, the partial re-allocation of taxing rights, and Pillar Two, the minimum effective taxation of profits of Multinational Enterprises (MNEs). Pillar One aims to adapt the international rules on how the taxation of corporate profits of the largest and most profitable MNEs is shared amongst countries, to reflect the changing nature of business models, including the ability of companies to do business without a physical presence. Pillar Two will set a floor to excessive tax competition. It aims to ensure that multinational businesses are subject to a minimum effective level of tax on all of their profits each year.
Continue reading…

FCA, PRA and Bank of England set out plan to improve diversity in regulated firms

12 July 2021
Knowledge Base

FCA, PRA and Bank of England set out plan to improve diversity and inclusion in regulated firms. The FCA, Prudential Regulation Authority (PRA) and Bank of England (the regulators) are seeking views on regulatory plans to improve diversity and inclusion in financial services. In a discussion paper, the regulators have set out policy options including, among others, the use of targets for representation, measures to make senior leaders directly accountable for diversity and inclusion in their firms, linking remuneration to diversity and inclusion metrics and the regulators’ approach to considering diversity and inclusion in non-financial misconduct. The discussion paper also focuses on the importance of data and disclosure in order to enable firms, regulators and other stakeholders to monitor progress.   Continue reading…

Magnitsky Sanctions or Extraterritorial Application of U.S. Law

11 July 2021

On June 2, 2021 the OFAC sanctioned three Bulgarian individuals for their extensive roles in corruption in Bulgaria, as well as their business networks encompassing 64 entities. This constituted the largest Global Magnitsky action taken on a single day in the history of the program. By applying their laws extraterritorially, the United States seeks to police and prevent serious human rights abuses and large-scale corruption. By imposing tangible and significant consequences on perpetrators’ property and interests, the US protects not only its interests, but also the global financial system. At the same time, designated sanctions raise many questions when it comes to legality, justice and compliance, especially when it comes to local markets and smaller businesses.
Continue reading…

Basel Committee’s reforms helped cushion the impact of Covid-19 shock on banks

09 July 2021

Regulatory reforms implemented since the financial crisis significantly helped banks absorb the shock caused by the Covid-19 pandemic, the Basel Committee on Banking Supervision said on Tuesday in an interim report assessing the effectiveness of post-crisis reforms. The report, Early lessons from the Covid-19 pandemic on the Basel reforms, indicates that the banking system would have faced greater stress during this period had the Basel III reforms not been adopted, and in the absence of extraordinary support measures taken by public authorities to mitigate the impact of the pandemic. Continue reading…

FCA confirms measures to raise standards in the funeral plans market

07 July 2021

To enhance consumer protection in the funeral plans market, the FCA has confirmed the rules funeral plan providers will have to follow when they come under regulation from 29 July 2022. The new rules will introduce high standards in the funeral plans market and require firms to ensure that plans are sold fairly, perform as expected and provide value for money. These rules mean:

Funeral instalment plan products will always deliver a funeral (after a moratorium period) as we will be banning those that don’t guarantee this; Cold calling will be banned and new standards on advertising will be implemented to ensure plans are sold fairly;
Commission payments to intermediaries will be banned to ensure products represent fair value; Those selling funeral plans are subject to full checks on their fitness to operate to improve governance standards and oversight.

Continue reading…