Draft Financial Services Bill

Draft Financial Services Bill
Author: Great Britain: Parliament: Joint Committee on the Draft Financial Services Bill
Publisher: The Stationery Office
Total Pages: 136
Release: 2011-12-19
Genre: Business & Economics
ISBN: 9780108474064

In autumn 2008, Britain's banking system came perilously close to collapse. To avert catastrophe, the Government was forced to step in with multi-billion pound bailouts. Many factors led to this crisis including failings in financial supervision and fuzzy allocation of responsibilities for preventing and managing systemic crises. The draft Financial Services Bill (printed as chapter 5 of 'A new approach to financial regulation: the blueprint for reform' (Cm. 8083, June 2011, 9780101808323) is aimed at preventing such a potentially calamitous systemic failure of the financial sector occurring again. It proposes far reaching changes to the regulatory structure, replacing the tripartite system of financial regulation with a twin peaks model. The Joint Committee's recommendations are intended to ensure that the new regulatory authorities have the right objectives, powers and responsibilities and systems of accountability which will be essential to make them effective.

A new approach to financial regulation

A new approach to financial regulation
Author: Great Britain. Treasury
Publisher: The Stationery Office
Total Pages: 126
Release: 2012-01-27
Genre: Business & Economics
ISBN: 9780101826822

This document accompanies the introduction into Parliament of the Financial Services Bill (HC Bill 278, session 2010-12, ISBN 9780215039545 and Explanatory notes Bill 278-EN, ISBN 9780215039132) and explains the Government's final proposals to reform the failed system of financial services regulation. These proposals follow on from extensive consultation, and a draft of the Bill was subject to pre-legislative scrutiny by a Joint Committee (report published as HL Paper 236/HC 1447, ISBN 9780108474064). This document details the main changes the Government is making to the Bill. Chapters cover: Bank of England and Financial Policy Committee; Prudential Regulation Authority; Financial Conduct Authority; regulatory processes and coordination; European and international regulation. Annexes include the Government's responses to the Joint Committee and to the Treasury Committee's inquiries into financial services regulation. The core proposals are: to establish a strong and expert macro-prudential authority, the Financial Policy Committee within the Bank of England to monitor and respond to systemic risks; to transfer responsibility for micro-prudential management of firms that manage complex risks on their balance sheets to a focused new regulator, the Prudential Regulatory Authority; and to provide for a focused new conduct of business regulator, the Financial Conduct Authority, to ensure that business across financial services and markets is conducted in a way that advances the interests of all users and participants. In any future crisis it will be clear that the Chancellor of the Exchequer is in charge. Regulation of consumer credit will be brought within the remit of the Financial Conduct Authority.

Reforming Corporate Retail Investor Protection

Reforming Corporate Retail Investor Protection
Author: Diane Bugeja
Publisher: Bloomsbury Publishing
Total Pages: 259
Release: 2019-12-12
Genre: Law
ISBN: 1509925880

The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Financial Services Law and Compliance in Australia

Financial Services Law and Compliance in Australia
Author: Gail Pearson
Publisher: Cambridge University Press
Total Pages: 629
Release: 2009-03-30
Genre: Law
ISBN: 1139475894

Up until the global credit crisis in 2008, 'Financial Services' was the fastest growing sector of the Australian economy. This growth has had profound implications for individuals, corporations and government. Following extensive review in the last part of the twentieth century, Australia put in place an overarching system for regulating all financial services, replacing a system that was based on separate regulation of products in individual industries. Focusing on the implications of the new system for retail clients - 'financial citizens' - Financial Services Law and Compliance in Australia provides a comprehensive account of the regulatory structure and a detailed analysis of the legislative framework, including discussion of the new regulatory bodies, the new licensing requirements for those wishing to enter the financial services market and the new obligations for those marketing or offering financial services to the public. This is an essential resource for those working in, and advising on, financial services, for students of financial services law, and for anyone needing to understand this new regime in Australia.

Banking reform

Banking reform
Author: Great Britain: H.M. Treasury
Publisher: Stationery Office
Total Pages: 110
Release: 2013-07-17
Genre: Business & Economics
ISBN: 9780101866026

The Financial Services (Banking Reform) Bill aims to establish a more resilient, stable and competitive banking sector; to reduce the severity of a future financial crisis; and to protect taxpayers in the event of such a crisis. It is primarily an enabling Bill, which provides HM Treasury with the requisite powers to implement the policy underlying the Bill through secondary legislation. Three illustrative draft instruments were published in March 2013 in order to aid Parliamentary scrutiny of the Bill, and the Government has continued to develop those instruments. This paper invites comments on a further four statutory instruments: Ring-fenced Bodies and Core Activities Order; Excluded Activities and Prohibitions Order; Banking reform (Loss Absorbency Requirement) Order; and the Fees and Prescribed International Organisations Regulations. Further secondary legislation is planned for pensions and building societies.

The Routledge Companion to Banking Regulation and Reform

The Routledge Companion to Banking Regulation and Reform
Author: Ismail Ertürk
Publisher: Routledge
Total Pages: 411
Release: 2016-10-04
Genre: Business & Economics
ISBN: 1135007144

The Routledge Companion to Banking Regulation and Reform provides a prestigious cutting edge international reference work offering students, researchers and policy makers a comprehensive guide to the paradigm shift in banking studies since the historic financial crisis in 2007. The transformation in banking over the last two decades has not been authoritatively and critically analysed by the mainstream academic literature. This unique collection brings together a multi-disciplinary group of leading authorities in the field to analyse and investigate post-crisis regulation and reform. Representing the wide spectrum of non-mainstream economics and finance, topics range widely from financial innovation to misconduct in banking, varieties of Eurozone banking to reforming dysfunctional global banking as well as topical issues such as off-shore financial centres, Libor fixing, corporate governance and the Dodd-Frank Act. Bringing together an authoritative range of international experts and perspectives, this invaluable body of heterodox research work provides a comprehensive compendium for researchers and academics of banking and finance as well as regulators and policy makers concerned with the global impact of financial institutions.

Financial Conduct Authority

Financial Conduct Authority
Author: Great Britain: Parliament: House of Commons: Treasury Committee
Publisher: The Stationery Office
Total Pages: 168
Release: 2012-01-13
Genre: Business & Economics
ISBN: 9780215040527

This Treasury Committee report into the Financial Conduct Authority (FCA) contains a number of recommendations for the Government's consideration ahead of the drafting and publication of the Financial Services Bill early in 2012. Among the recommendations are: (a) that the Government should legislate to give the FCA a primary objective to promote effective competition for the benefit of the consumer (in line with the thinking of the Independent Commission on Banking and the Office of Fair Trading); (b) the Government must put competition at the heart of the new regulatory framework; (c) that the FCA develops far more reliable estimates, in collaboration with the industry, of its own cost effectiveness; (d) that the Government differentiates between retail and wholesale consumers; (e) that both the FCA and the financial services industry make better efforts to communicate with each other; (f) that the current legislative proposals be revised to ensure that the FCA is properly accountable to Parliament and that tools are available to enable the required level of explanation from the regulator.

The Financial Crisis and White Collar Crime

The Financial Crisis and White Collar Crime
Author: Nicholas Ryder
Publisher: Edward Elgar Publishing
Total Pages: 339
Release: 2014-05-30
Genre: True Crime
ISBN: 1781001006

øThis timely book will be of great use to both teachers and students of financial crime relevant modules.ø It will also appeal to policy-makers in government departments, law enforcement agencies and financial regulatory agencies, as well as profession

Research Handbook on Asian Financial Law

Research Handbook on Asian Financial Law
Author: Douglas W. Arner
Publisher: Edward Elgar Publishing
Total Pages: 603
Release: 2020-01-31
Genre: Law
ISBN: 1788972201

This comprehensive Research Handbook provides an in-depth analysis of the different financial law approaches, legal systems and trends throughout Asia. It considers how reforms following the crises have been critical for the development and growth of the region and explores a broad range of post-crisis financial regulatory issues. This timely book also examines how inconsistent and divergent approaches to financial market regulation are curtailing the region’s potential.