Conduct and Pay in the Financial Services Industry The regulation of individuals Lloyd's Commercial Law Library Series
Coordonnateurs : Ogg Thomas, Leiper QC Richard
Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA?s and PRA?s requirements.
The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include:
- The Senior Manager, Certification and Approved Person Regimes
- Regulatory references and whistleblowing
- Disciplinary investigations, enforcement and sanctions
- Notifications, ?Form C?, and fitness & propriety
- Bonus disputes and the Remuneration Code
Conduct and Pay in the Financial Services Industry considers the full extent of an individual?s employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.
1. Introduction PART I: CONDUCT 2. The Conduct Regime 3. Fitness and Propriety 4. The Approved Persons Regime 5. The Certification Regime 6. The Senior Managers Regime 7. Notifications and the "Form C" Issue 8. Regulatory References and Whistleblowing 9. Misconduct 10. Sanctions 11. Enforcement Procedure PART II: PAY 12. Bonuses: the General Law 13. The Remuneration Codes 14. Malus and Clawback: Further Discussion
Thomas Ogg is a barrister at 11KBW, practicing in financial regulation, employment and commercial law. He was previously seconded to the Financial Conduct Authority’s Enforcement Legal Group and its General Counsel Division, and now regularly advises on contentious financial services matters.
Richard Leiper QC is a leading specialist in City disputes, practising from 11KBW. He was instructed in the key remuneration cases, including Clark v Nomura and Commerzbank v Keen, and has advised both institutions and individuals involved in a wide range of financial transactions.
Date de parution : 12-2020
17.4x24.6 cm
Date de parution : 03-2017
17.4x24.6 cm
Thèmes de Conduct and Pay in the Financial Services Industry :
Mots-clés :
UK Financial Service Industry; Alternative Investment Fund Managers; Conduct and Pay in the Financial Services Industry; Senior Insurance Managers Regime; Richard Leiper; Approved Persons Regime; Thomas Ogg; Section 64A FSMA; Banking Crisis; UK Branch; Benchmarks Scandal; Senior Managers Regime; Parliamentary Commission on Banking Standards; Solvency Ii; FSA; Senior Management Functions; FCA; Remuneration Code; PRA; Cantor Fitzgerald International; Financial Services (Banking Reform) Act 2013; Significant Influence Functions; Fair and Effective Markets Review; Firm’s Risk Profile; Conduct Regime; Key Function Holder; Form C; EU Law; Individual liability; Variable Remuneration; fit and proper test; UK Institution; Certification Regime; Conduct Rules; CRD Iv; Responsibilities maps; Approved Persons; Duty of Responsibility; UK Subsidiary; whistleblowing; Collective Investment Scheme; Negligent misstatement; Discretionary Bonus; Misconduct; UK Financial System; APER; UK Banking Sector; Compliance; CR4; SM3; Bonuses; CRD4; SYSC 19A; SYSC 19B: AIFM Remuneration Code; SYSC 19C: BIPRU Remuneration Code; SYSC 19D: Dual-regulated firms Remuneration Code; Malus; Bluebay; clawback; Jonathan Swift; Leo Davidson; Daniel Stilitz; Patrick Halliday