i-law

Compliance Monitor

Market study tackles consumer impact of insurer pricing
ByNeasa MacErlean
Online Published Date:  01 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
Cultivate strength in spotting vulnerability
Though the regulator has described what a ‘good’ firm looks like when dealing with vulnerable consumers, it does not outline how such customers should be identified. Martin Kisby comments on ways that technologies can help lenders recognise vulnerability and safeguard their customers from unmanageable debt.
Online Published Date:  05 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
Battle of forms: the construction of competing jurisdiction clauses
A decision from the Court of Appeal in an interest rate swaps case has clarified the preferred approach to interpretation of competing jurisdiction clauses. The judgment provides more certainty for the derivatives market, explain Abdulali Jiwaji and Nils De Wolff.
Online Published Date:  05 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
Securitisation: has the financial crisis ‘bad boy’ been tamed?
Some ten years ago, millions of ‘toxic’ housing loans that had been churned into Mortgage-Backed Securities and Collateralised Debt Obligations began to falter and spread contagion from the United States to financial markets around the globe. Levels of securitisation plummeted after the crisis. But, as appetite returns, the European Union has sought to strengthen regulation of these instruments with a uniform framework for ‘simple, transparent and standardised’ transactions. Adam Samuel ventures where all but quants fear to tread.
Online Published Date:  05 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
A path for consumer tokens – the SEC and CFTC analysis
The demand for funding of innovative technologies has challenged financial supervisors around the globe to formulate where digital assets sit within their regulatory frameworks. Stephen P Wink, David L Concannon and Yvette D Valdez outline how consumer token transactions in the United States intersect with securities and commodities laws.
Online Published Date:  06 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
“A cultural shift is needed to believe the whistleblower”
Despite high-profile failures in the banking industry to operate robust whistleblowing procedures, the financial regulator has yet to show unequivocal support for those who risk their livelihoods to blow the whistle. By Hannah Laming and Miranda Ching.
Online Published Date:  06 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
‘Reasonable steps’ for senior managers
With the onerous Duty of Responsibility being extended to high-level staff right across the financial sector, Gregory Brandman and Ruth Paley review the regulators’ formal guidance as well as best practice principles to help senior personnel manage and mitigate their personal risk.
Online Published Date:  06 November 2018
Appeared in issue:  Vol 31 No 03 - 01 November 2018
FCA bans spike 27 per cent up from last year
Prohibitions against individuals working in financial services have risen by nearly a third in 12 months. In the period between 1 October 2017 and 2018 there were 23 prohibition orders – up from 18 the previous year.“In many ways, this is the..
Online Published Date:  21 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
Mitsubishi UFJ Securities execs fined for not informing PRA
The Prudential Regulation Authority has imposed stiff penalties on former non-executive directors of Mitsubishi UFJ Securities because they failed to disclose information to the regulator.Akira Kamiya, who had been chair, and Takami Onodera, who was..
Online Published Date:  21 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
Largest 2,000 AML-regulated firms employ 11,500 anti-fraud staff
By Neasa MacErlean
Online Published Date:  21 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
Preparing for an unknown future outside the EU
With either a hard Brexit or transition arrangement taking effect in just four months, there may be further upheaval – the parliamentary vote or even a threatened no-confidence motion in the Prime Minister – fuelling uncertainty for financial services firms. However, elements of the future landscape are in view. Roseyna Jahangir takes stock of how Brexit looks right now. [1]
Online Published Date:  21 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
‘Rent-to-own’ sector faces price caps on credit and product costs
By Neasa MacErlean
Online Published Date:  22 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
MPs’ inquiry on IT failures to cover regulators and firms
By Neasa MacErlean
Online Published Date:  27 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
EU sets out financial services contingency plan in case of ‘no deal’
By Neasa MacErlean
Online Published Date:  27 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
FCA issues 1,000-page paper on ‘hard Brexit’ changes
By Neasa MacErlean
Online Published Date:  27 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
PSR consults on timing of ‘confirmation of payee’ system to cut payment fraud
By Neasa MacErlean
Online Published Date:  27 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018
Five-year sentence handed down after FCA files fraud charges
By Neasa MacErlean
Online Published Date:  29 November 2018
Appeared in issue:  Vol 31 No 04 - 01 December 2018

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