Compliance
FCA Delays Extending Senior Management Regime To Asset Management Sector
An exact implementation date is to be confirmed by the Treasury.
The UK financial watchdog has delivered asset managers an early
Christmas present by allowing senior staff more time to prepare
for wide-reaching new conduct rules.
The Financial
Conduct Authority said Wednesday that plans to extends the
Senior Managers Regime to all sectors of the UK’s financial
services industry would now apply to insurers from late 2018 and
other institutions, including money managers, in mid to late
2019.
An exact implementation date is to be confirmed by the
Treasury.
The new rules, which have applied to banks since 2016, intend to
improve individual accountability across financial
services.
Because so few executives have been held personally accountable
for trading scandals that affected the foreign exchange,
inter-bank lending and gold markets, ordinary investors are
distrusting of large financial institutions. And the FCA is
seeking to change this.
Such scandals have prompted regulators to try and point the
finger at individuals in the event of wrongdoing, as opposed to
levying fines on faceless corporations.
“Under the duty of responsibility, senior managers are
responsible and accountable for the business areas they lead,”
the FCA said. “The FCA can take action against the senior manager
responsible where their firm has contravened an FCA requirement
in their part of the business.”
The challenge for asset managers, however, in complying with the
regime is determining whether they fall within one of three
categories – core, enhanced or limited scope – all of which
impose different obligations on companies.
In the investment management space, arrangements with
third-parties are ten to the dozen and flatter operating
structures are more common, somewhat complicating application of
the new rules.
Asset managers with annual revenues exceeding £35 million ($47
million) will be subjected to enhanced controls, the FCA has
said.
Following a consultation earlier this year, the FCA has said
“given the differences in the size and nature of firms covered by
the extension, the FCA is proposing proportionate approaches for
different types of firms.”