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Making sense of FCA Compliance
Wednesday, 13 May 2020
Breakfast Webinar 15th May 2020
Friday, 29 March 2019
Criminal Finances Act 2017
New Corporate offences of failure to prevent the criminal facilitation of tax evasion was introduced by the Criminal Finances Act 2017.
This Act brings the risk of criminal liability to Firms of Financial Advisers not only as a result of their staff' actions, but also the actions of others with whom they are associated.
The Act created two criminal offences for a relevant body (ie Financial Adviser / Accountant / Solicitor etc) that fails to prevent the criminal facilitation of tax evasion by associated persons (ie clients). The two offences are :
UK tax evasion
and
Evasion of foreign tax.
The Act focuses on who is held to account for acts that are contrary to current criminal law. By focusing on on the failure to prevent the crimes of those who act for or on behalf of the business, rather than trying to attribute criminal acts to the Firm.
Firms need to understand this risk and undertake a review of their existing systems and controls. A timely risk assessment may identify areas requiring refinement - the policies and procedures in place may already minimize the risk of Staff facilitation fraud on behalf of a Client.
HMRC have published updated guidance - a copy may be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672231/Tackling-tax-evasion-corporate-offences.pdf
This Act brings the risk of criminal liability to Firms of Financial Advisers not only as a result of their staff' actions, but also the actions of others with whom they are associated.
The Act created two criminal offences for a relevant body (ie Financial Adviser / Accountant / Solicitor etc) that fails to prevent the criminal facilitation of tax evasion by associated persons (ie clients). The two offences are :
UK tax evasion
and
Evasion of foreign tax.
The Act focuses on who is held to account for acts that are contrary to current criminal law. By focusing on on the failure to prevent the crimes of those who act for or on behalf of the business, rather than trying to attribute criminal acts to the Firm.
Firms need to understand this risk and undertake a review of their existing systems and controls. A timely risk assessment may identify areas requiring refinement - the policies and procedures in place may already minimize the risk of Staff facilitation fraud on behalf of a Client.
HMRC have published updated guidance - a copy may be found at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672231/Tackling-tax-evasion-corporate-offences.pdf
Wednesday, 20 February 2019
Gibralter Based firms
Firms that operate out of Gibraltar and
passport their Financial Services into the UK won’t need to use the Temporary
Permissions regime post BREXIT. HM Govt and the Government of Gibraltar will
develop a long term strategy to replace the current regime.
This means that Firms will be able to
continue to operate as they do now post Brexit until 2020 – by which time the
new arrangements will be in place.
Compliant Solutions Limited - experts in helping Financial Services Businesses deal with the business challenges of Financial Conduct Authority Compliance - for help contact ian@compliantsolutions.co.uk
or visit www.compliancetips.co.uk
Tuesday, 11 September 2018
Claims Management Companies - part three
•Threshold Conditions - Firms required to meet minimum
standards.
•1 Jan – 31 Mar 2019 – apply for temporary
permission
•Application Period 1 – All Fin Ser CMC +
Scotland only Firms (1
April – end May 2019)
•Application Period 2 – All other CMC –
Personal injury / housing
disrepair (1 June – end July 2019)
•Brady review – preventing Phoenixing by
defunct CMC
•6 / 12 Month timescale for approvals - complete / incomplete
applications.
CMC that are currently Authorised by the Claims Management Regulator will need to reapply for authorisation.
Solicitors that are currently authorised to carry out legal activities by the Solicitors Regulatory Authority will not need to apply and will continue to be regulated by the SRA.
Compliant Solutions Limited - experts in helping Financial Services Businesses deal with the business challenges of Financial Conduct Authority Compliance - for help contact ian@compliantsolutions.co.uk
or visit www.compliancetips.co.uk
Monday, 10 September 2018
Claims Management Firms - Part 2
Firms will also need to consider :
Financial Crime and Money Laundering Controls
Whistle blowing
Customers Best Interest Rule
Vulnerable Customers Policies
14 days cancellation rights (cooling off)
Reporting lead generators that not regulated
Annual return about important data CMC001
Change of Control : different approach – tell within 14 days (not s178)
Capital Adequacy : Lead Gen are solvent
Capital Adequacy : Class 1 CMC (turnover > £1M) £10,000, Class 2 £5,000 or fixed overheads requirement (which ever is the greater)
Plus extra £20,000 if holding Client Money
Compliant Solutions Limited - experts in helping Financial Services Businesses deal with the business challenges of Financial Conduct Authority Compliance - for help contact ian@compliantsolutions.co.uk
or visit www.compliancetips.co.uk
Thursday, 6 September 2018
Claims Management Companies - part one
Key points to consider :
•The Financial Guidance and Claims Act
2018
•CP 18/15 – 264 pages
•1 April 2019 – FCA takes over (subject to Parliamentary approval)
•New Rules to apply – pre sale; regular updates; clarity on fees; marketing;
disclosure of Ombudsman (free) services
•All calls will need to be recorded – 12
month retention
•Capital resourses requirements
•Client Money controls – appoint a Person Accountable for Client Money
•Lead generation and Data Protection
issues
•Complaints handling and Firms will be subject to FOS
Compliant Solutions Limited
- experts in helping Financial Services Businesses deal with the business challenges of Financial Conduct Authority Compliance - for help contact ian@compliantsolutions.co.uk
Or visit www.compliancetips.co.uk
Compliant Solutions Limited
- experts in helping Financial Services Businesses deal with the business challenges of Financial Conduct Authority Compliance - for help contact ian@compliantsolutions.co.uk
Or visit www.compliancetips.co.uk
Wednesday, 10 January 2018
Anti-Money Laundering Supervison
HM Treasury has published their Consultation outcome regarding Money Laundering Supervision.
The Office for Professional Body AML Supervision (OPBAS) Regulations will come into effect on 18 January 2018. OPBAS will oversee the 22 Accountancy and Legal Professional Body AML supervisors in the UK and seek to achieve consistency.
This new body will be "hosted" by the Financial Conduct Authority - and will act as a means for HM Government to implement reforms to the anti money laundering and counter terrorist financing supervisory regime.
More details may be found at
https://www.gov.uk/government/consultations/anti-money-laundering-supervisory-review/anti-money-laundering-supervisory-review-consultation
This is a further example of how HM Government are seeking ways to combat Financial Crime - and comes after the publication of SI 2017 / 692 last year which set out the requirements placed upon Businesses to combat Money Laundering in the UK.
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