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Unrestricted Changing Conduct Regulation in the UK October 2013.

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Presentation on theme: "Unrestricted Changing Conduct Regulation in the UK October 2013."— Presentation transcript:

1 Unrestricted Changing Conduct Regulation in the UK October 2013

2 Unrestricted The Financial Conduct Authority (FCA) Strategic objective ensuring the relevant markets function well Operational objectives promoting effective competition in the interests of consumers; securing an appropriate degree of protection for consumers; and protecting and enhancing the integrity of the UK financial system. New regulatory system

3 Unrestricted FCA Statutory Objectives Securing an appropriate degree of protection for consumers Promoting effective competition in the interests of consumers: o the needs of different consumers o the ease with which consumers can change providers o the ease of new entry o how far competition is encouraging innovation Protecting and enhancing the integrity of the UK financial system (including): o soundness, stability and resilience o orderly operation of markets o financial crime o market abuse o transparency of price formation

4 Unrestricted Supervision of firms Aim of Supervision To ensure firms have the interests of their customers and the integrity of the market at the heart of how they run their business. How will we do this? By influencing, persuading and, where appropriate, using formal powers to achieve a significant transformation in firms’ conduct behaviours. For what population of firms? The FCA is responsible for the retail and wholesale conduct supervision of c.25,000 firms The FCA is also responsible for the prudential supervision of c.23,000 firms (i.e. those that are not prudentially regulated by the PRA).

5 Unrestricted Supervision of firms – Prudential Supervision Although primarily a conduct regulator, the FCA is the solo regulator for firms not prudentially regulated by the PRA. ApproachKey Features Starting principle is that firms should be allowed to fail, therefore, our focus is on mitigating the impact on retail customers and market integrity of firms failing or under financial strain. Our approach is to ensure that any failure is orderly by ensuring that customers assets and money are protected. Prudential supervision is graduated according to prudential significance. On-going dialogue with PRA where we both have prudential responsibilities for a group. Prudential Classification – based on the impact that the disorderly failure of a firm could cause in terms of market disruption and market failure. Setting Capital & Liquidity Financial Resource Requirements – assessing financial resources requirements for our most prudentially significant firms. Regulatory Return Monitoring – pro-actively reviewing returns for the most significant firms and acting on alerts for other firms. Thematic Work – cross-firm capital / liquidity work (including smaller firms)

6 Unrestricted The FCA aims to be a judgement based, forward- looking and pre-emptive regulator The FCA’s approach emphasises 5 elements: be forward-looking in assessment of potential problems – looking at how we can tackle issues before they start to go wrong; intervene earlier when we see problems and before they cause consumer detriment or damage to market integrity; tackle underlying causes of problems, not just the symptoms, as this will be more effective and efficient in the longer term for consumers and firms; secure redress for consumers if failures do occur; and take meaningful action (credible deterrence) against firms that fail to meet our standards, including levels of fines that have a deterrent effect. To do this, in addition to the powers inherited from the FSA, we are able to: Temporarily ban products or restrict sales for up to 12 months; Stop misleading financial advertising; Impose requirements on firms; and Subject to consultation, tell the market earlier about enforcement action.

7 Unrestricted Overview of FCA model

8 Unrestricted How will we achieve our objectives? Firm Systematic Framework – Key judgements Key judgements How the firm affects consumers, markets or competition

9 Unrestricted Co-ordination with the PRA The FCA and PRA operate under different sets of objectives, although there is a Memorandum of Understanding in place between the two setting minimum co- ordination standards, including: Domestic supervisory colleges, with frequency depending on categorisation of firm; Regular exchange of information, including material conduct risks, internal models, and capital and liquidity requirements (e.g. coverage of conduct risks in ORSA); Notification of findings of Pillar 3 work; Consultation on SIF applications; Expressing independent views on Part VII transfers; and Specific requirements for with-profits businesses. The supervisory teams will strive to co-ordinate where possible.

10 Unrestricted Focus on retail consumers The FCA’s statutory objective is to secure an appropriate degree of protection for consumers. Customers do not always behave rationally and firms can exploit consumer biases. The FCA is using Behavioural Economics (eg. randomised control trials) to better understand these and inform our supervisory approach. We expect firms to: Evidence how their consumers receive appropriate outcomes, throughout the product lifecycle Implement targets that are aligned with consumers actual cover requirements Understand the difference between customers being satisfied and customers being treated fairly Identify, capture and mitigate the risks to their customers receiving inappropriate outcomes

11 Unrestricted Enhanced focus on Wholesale/Commercial Conduct The FCA’s focus is to ensure the integrity and resilience of wholesale/commercial insurance markets, rather than seeking to introduce concepts of detriment and redress that we use in retail markets. Firms should recognise, however, that activities in retail and commercial markets are interconnected and that risks caused by poor conduct can be transmitted and undermine both markets. The FCA places more emphasis (and takes a more assertive and interventionist approach) in particular on three areas: where commercial products filter down or are distributed to retail consumers; where certain behaviours in commercial markets can cause damage to market integrity; and where market structures can result in participants being disadvantaged or the market being inefficient.

12 Unrestricted Life Insurance Annuities Inducements & Conflicts of Interest Unit-linked fund governance Investment Advisors & Platforms Non-advised sales & simplified advice investment sales How firms are implementing the RDR Asset Management Fund charges General Insurance GI Claims handling Motor Legal Expenses Mobile phone insurance Cross- sectoral Financial Incentives Complaints Issues & Products work (1) Examples of current or recent thematic work affecting insurers – by sector:

13 Unrestricted CurrentCompleted Sales Incentives General insurance add-ons Private investigators Claims handling Conflicts of interest Complaints handling Third party payments / financial crime controls in wholesale brokers Referral fees Premium finance Mobile phone insurance Motor legal expenses Telematics Current and completed reviews covering general insurance Issues & Products work (2)

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