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Posts Tagged ‘FSA’

FSA: Issues Still to be Resolved

Friday, May 4th, 2012

Managing director of the FSA, Martin Wheatley, has said that there are still unresolved issues relating to how customers are treated across financial services.

Mr Wheatley was speaking at the Chartered Institute of Bankers in Scotland and said that many of the lessons of the crisis had been learned, but that there was still much to be learned to improve the way customers are treated across the financial services sector.

“We are working hard to get our regulation ready in time for the new regulators and we are building our understanding of what drives consumer behaviour, and banks’ business models. We need boards of firms to do the same, and for banks to rebuild confidence and trust by putting their customer back at the heart of what they do.”

The FSA will be replaced by the Financial Conduct Authority next year and is now developing the new approach that the FCA will take to regulating the way that firms treat their customers.

“In order for our regulation to work better than before, we need to understand why people make mistakes and why firms do what they do.  So we are looking at consumer behaviour, and business models in firms to inform our new, more forward looking and intrusive supervision, and we will be expecting boards of firms to play their part too.”

The FCA will look at what is behind the economic decisions of individuals and the firms it regulates. It will take into account the wider economy, the challenges facing banks in their search for profits, the pressures on consumers facing tougher times ahead and economic uncertainty today.

And it will follow the money to understand what lies behind profitability and the implications of firms’ strategies.

“In all of this, we accept that firms need to be able to generate acceptable returns for shareholders, and have to be financially robust.  But this is about ‘good profits’ rather than profit at any cost — either to firms’ own stability or their customers’ best interests.”

“The key point is that in the FCA, we will be looking to firms to construct business models where fair treatment of customers is central.  And we will expect those in executive management and on the boards of firms to step up their engagement with this side of the business and take this seriously.”

“Because not only will we as a regulator need to understand your business better, boards will need to do the same, and they, like us will need to ask tougher questions.  We have to ask why boards of banks did not ask the management of firms about how things like PPI could be so profitable – 15% of some banks’ profits – and still deliver the fair treatment of customers.”

Looking to some of the current issues that the FSA is dealing with, including customers’ requests about payments to the sale of a complex product to a small business – people do not feel their banks are not putting their interests first.

“So that although we have all – I think – learned the lessons on the prudential side of banking, and banks are now far more financially secure and stable, with better risk management and preparation for what might lay ahead.  We are not yet in that place on the conduct side.”

FSA Wins £32 Million High Court Judgement

Wednesday, March 21st, 2012

The FSA has secured a £32 million High Court judgment against three land banks but victims are unlikely to get their money back.

The Financial Services Authority (FSA) has won an important victory in the battle against unauthorised businesses after the High Court declared that James Kenneth Maynard, Countrywide Land Holdings Limited (Countrywide) and Plateau Development & Land Limited (Plateau) operated a collective investment scheme without authorisation and sold plots of land unlawfully to UK consumers. Regional Land and Countrywide were trading names used by Maynard.

His Honour Judge Pelling QC banned Maynard for life from selling land for business purposes in the UK and ordered him and Countrywide to pay £31,896,194 to the FSA, while Plateau, now in liquidation, was instructed to pay £918,975.

A bankruptcy order was issued against Maynard, who is now believed to be living in Northern Cyprus and also another individual, Wasim Minhas, the director of Plateau, has been ordered to pay £75,000 to the regulator.

The FSA is yet to identy any assets that would enable more than a small proportion of these payments to be made, and therefore it is unclear how much will ultimately be returned to investors.  The FSA is continuing to make enquiries to trace the funds paid by investors.

Maynard, Countrywide and Plateau sold plots of land across the UK with the promise that investors would make a significant profit when the land obtained planning permission and was sold. Investors were also told by sales staff that Maynard, Countrywide and Plateau would apply for planning permission for the land or that they had corporate buyers lined up to purchase the sites.

In reality there was no intention to seek planning permission or help purchasers sell their land and the plots were in locations unlikely to ever gain planning permission, such as areas of outstanding natural beauty.

The FSA previously obtained injunctions against Maynard and Countrywide in August 2010 that froze assets and prevented them from selling more land to investors. The FSA subsequently discovered that Plateau had been set up to continue the business and, in December 2010, secured a similar injunction.

The FSA does not regulate the sale of land, but land banking may amount to a collective investment – something that does require FSA authorisation.  Maynard, Countrywide and Plateau have never been authorised by the FSA so their land sales were unlawful. Furthermore, as their business activities were unauthorised, victims of the scam are not covered by the Financial Services Compensation Scheme.

Tracy McDermott, acting director of enforcement and financial crime at the FSA, said:

“We have to be realistic about the low probability of securing meaningful compensation for victims of these scams, but this is still an important victory. Proving that a land bank is operating a collective investment scheme – and should therefore be FSA authorised – is very complicated, so every success puts us in a stronger position to tackle other schemes.”

“This decision sends a message to other land banks that we will not sit by and let them con investors out of their money. Indeed we have also started court actions against others that we believe have been involved in Maynard’s scheme.”

“Anybody investing in land should always have it independently valued to check its worth. Furthermore, if you are ever sold land as an investment with the promise of fabulous returns, and on the basis that someone else will manage it for you as part of a wider site, you should check the firm is authorised by us.”

FSA CEO to Step Down From Role

Monday, March 19th, 2012

The Chief Executive Officer of the Financial Services Authority is to leave the organisation in June of 2012.

Hector Sants, chief executive (CEO) of the Financial Services Authority (FSA), has announced his intention to leave the organisation at the end of June 2012, having completed the fundamental design and delivery of the changes needed to achieve the Government’s plan to separate prudential and conduct financial regulation in the UK.

During his five years as CEO he has led the radical overhaul of the FSA’s pre-crisis approach to regulation, to a more proactive, intensive and judgment-led approach, for both prudential and conduct supervision. He has been instrumental in driving the reform of the capital and liquidity regimes for banks, championed the need for stronger governance and accountability within the industry and overseen the FSA’s transition to become an effective enforcer.

FSA Managing Director Margaret Cole to Leave Post

Monday, February 20th, 2012

The Financial Services Authority have announced that managing director and Board member, Margaret Cole, will leave the organisation later this year, after nearly seven years at the UK regulator.

Margaret Cole, said:

“I joined the FSA to help in the fight against wrongdoing within the financial services industry and I believe a lot has been achieved in my time here.”

“We have shown the FSA is not afraid to take on difficult cases and will not shy away from pursuing criminal prosecutions, however difficult to prove. It’s painstaking work and the legal process takes a long time but there are people sitting in prison now because of our commitment. And the next 12 months will see more trials and more convictions as the pipeline of our cases comes to fruition in the courts.”

“It has been a challenging but rewarding few years and I believe, with the help of a team of quality people, I have created a successful enforcement platform to take into the UK’s new regulatory authorities. The time has come for me to seek a fresh challenge, knowing that I leave the continuation of a winning strategy in safe hands.”

Hector Sants, FSA chief executive, said:

“Margaret has been pivotal in transforming the FSA’s approach to enforcement and she leaves a substantial legacy, widely respected in legal, regulatory and international circles. She has been a strong leader and advocate of the importance of delivering a credible deterrent to those that attempt to commit wrongdoing, as well as being an invaluable member of my executive team.”

“Her expertise across a broad range of management disciplines and the work she has done in setting up the conduct business unit has put us in good shape to develop the future conduct regulator.”

“I would like to express my personal thanks, and those of the organisation, for all that Margaret has achieved and I wish her every success in whatever future challenge she chooses next.”

Adair Turner, FSA chairman, said:

“On behalf of the FSA Board, I would like to extend my appreciation to Margaret for her outstanding contribution to the effectiveness of the FSA over the years, her strong management credentials and for the expertise and quality judgement she has brought to our Board discussions. She has made a lasting impact. We will be sorry to lose her for the organisation’s final year but she will depart with our thanks and best wishes.”

Martin Wheatley, CEO-designate of the FCA, said:

“I’m enormously grateful to Margaret for establishing the conduct business unit, which will go on to form the foundation of the Financial Conduct Authority.”

Commissioner criticises FSA debt collector over ‘hectoring’

Thursday, September 2nd, 2010

The Complaints Commissioner has upheld an IFA firm’s complaint over the “hectoring” phone manner of a debt collection agency employed by the FSA.

At the end of July, Commissioner Sir Anthony Holland wrote to an unnamed IFA firm, which had penned a protest letter against not only the fines imposed for its failure to pay the balance of its fees, but also the way in which the money was chased up by the FSA’s debt collectors.

However, while the Commisioner replied that the FSA was within its rights to claim the full amount of fees from the firm, as laid out in the Fees Handbook (paragraph 4.2.9), he was concerned to hear that the firm received rough handling by the debt recovery agent.

During a phone conversation with ‘Ms A’ at the debt recovery agency, referred to as ‘Y’ in the Commissioner’s letter, the IFA firm was subjected to a “somewhat hectoring approach with continual interruptions, which I consider does not reflect well on the FSA”.

The Commissioner said: “The call lasted just more than 10 minutes and in my view, was badly handled by the company concerned who, in this case, represents the FSA. While it did not represent harassment it was certainly a conversation that the company should not have allowed to develop in the way it did.”

The IFA firm had said it was unhappy that it had been asked to pay the balance of its fees for the 2009/2010 accounting year as it had already informed the FSA that it had closed to new business on 19 August.

Its reason for closing to new business was that a provider had suddenly stopped its renewal commission payments.

The IFA firm claimed it should have been charged a pro-rata calculation, from 1 April to 18 August.

Following a consultation with the Commissioner, the FSA has agreed to allow the IFA to repay the balance of the fees in affordable instalments, based on the IFA’s proof of limited income.

FSA debt collector “hectored” firm for unpaid fees

Monday, August 23rd, 2010

A debt collection agency hired by the FSA to collect unpaid fees has been criticised by the Complaints Commissioner for “hectoring” an advisory business.

The unnamed recovery firm’s actions did “not reflect well” on the regulator, Sir Anthony Holland concludes.

It followed a dispute over unpaid fees for the 2009/10 financial year. The advisory business claimed it should not be required to pay the full year’s fees because it ceased trading just six weeks into the period.

The matter was referred to the Office of the Complaints Commissioner, which concluded the FSA’s fee rules were fair.

Currently, the FSA says it will not refund periodic fees if a regulated firm ceases to trade within the relevant financial year.

As a result of the “limited income” of the principal of the closed business, the FSA agreed the outstanding balance could be paid in instalments, but the dispute took a fresh twist following a recorded telephone conversation between the principal and a debt recovery agent employed by the regulator.

The 10-minute call was “badly handled” by the debt collector, Holland concludes. He says, while it “did not represent harassment”, the company should not have allowed the conversation to develop in the way it did.

Although the advisory business later resolved to have the matter settled in court, Holland says the debt collector “seemed disinclined to accept” this. “The result was a somewhat hectoring approach with continual interruptions and which I consider does not reflect well on the FSA,” the Commissioner’s statement reads.

Last month, the Office of the Complaints Commissioner criticised the FSA over the way its staff carry out property searches.

It concluded there were gaps in the training of FSA enforcement staff involved in searching premises.

According to the Commissioner’s annual report, the regulator had been left open to complaints on human rights grounds because police officers were not always present while property was being searched.

FSA debt collector “hectored” firm for unpaid fees

Thursday, August 19th, 2010

A debt collection agency hired by the FSA to collect unpaid fees has been criticised by the Complaints Commissioner for “hectoring” an advisory business.

The unnamed recovery firm’s actions did “not reflect well” on the regulator, Sir Anthony Holland concludes.

It followed a dispute over unpaid fees for the 2009/10 financial year. The advisory business claimed it should not be required to pay the full year’s fees because it ceased trading just six weeks into the period.

The matter was referred to the Office of the Complaints Commissioner, which concluded the FSA’s fee rules were fair.

Currently, the FSA says it will not refund periodic fees if a regulated firm ceases to trade within the relevant financial year.

As a result of the “limited income” of the principal of the closed business, the FSA agreed the outstanding balance could be paid in instalments, but the dispute took a fresh twist following a recorded telephone conversation between the principal and a debt recovery agent employed by the regulator.

The 10-minute call was “badly handled” by the debt collector, Holland concludes. He says, while it “did not represent harassment”, the company should not have allowed the conversation to develop in the way it did.

Although the advisory business later resolved to have the matter settled in court, Holland says the debt collector “seemed disinclined to accept” this. “The result was a somewhat hectoring approach with continual interruptions and which I consider does not reflect well on the FSA,” the Commissioner’s statement reads.

Last month, the Office of the Complaints Commissioner criticised the FSA over the way its staff carry out property searches.

It concluded there were gaps in the training of FSA enforcement staff involved in searching premises.

According to the Commissioner’s annual report, the regulator had been left open to complaints on human rights grounds because police officers were not always present while property was being searched.

FSA Penalties Sky Rocket

Wednesday, July 1st, 2009

In hiCopany Penalties, Banking Systems introductory statement, Lord Turner, chairman of the FSA, said that since mid 2007, confidence in the global banking system has suffered a dramatic collapse and clearly this has implications for finance ministries, central banks and regulators.

Lord Turner said:

“The year 2008-09 has been an extremely difficult one for regulators across the world. Looking at the year as a whole, I believe the FSA has dealt successfully with the immediate crisis, and taken actions to ensure that we build a more stable financial system for the future.”

In his report the FSA chief executive Hector Sants summed up the year by saying:

“It is critical to understand that the individual firm problems we have seen emerge in the last year had their origins in the boom, and were not reversible in the current market conditions. Our objectives in the past 12 months have been to minimise the impact of these weaknesses and to lay the foundations of a more effective and better regime for the future. I believe we have made good progress in extremely difficult conditions in pursuit of these goals.

“I hope we have begun the process of rebuilding confidence in the system and the regulator by demonstrating that we are an organisation that is willing to learn and that we have the ability to change radically. I believe enduring and respected organisations are forged in times of adversity and that this will ultimately be seen as such a time for the FSA.”

The key element of radical change has been the implementation of the Supervisory Enhancement Programme.

In this respect the key points are:

  • The increase in the supervisory staff from 526 to 703
  • The FSA began changing the authorisation process for Significant Influence Functions (SIFs) to ensure it was judging the competence and regulatory knowledge of senior people at firms as well as their probity
  • The FSA reorganised and strengthened its risk identification and mitigation capacity
  • The FSA revised its supervisory risk assessment framework to include greater focus on business models
  • The FSA increased its engagement with auditors and investors to emphasise their role in the oversight of firms.

Appendices to the report, also published today on the FSA website, provide further statistical information on the FSA’s work during the year.

This includes:

  • The FSA’s enforcement division closed 302 investigations during the year resulting in 371 outcomes. Of these, 243 concluded with the use of powers (such as prohibition, financial penalties and variations of permissions) and 128 without the use of powers. 30 of these 128 outcomes were private warnings.
  • The FSA levied £27.3 million in financial penalties during the year compared to £4.4 million last year and prohibited a record 58 individuals from carrying out regulated activities compared to 30 the year before. This reflects the FSA’s more proactive approach to enforcement – the credible deterrence philosophy – set out last year.

Of the 59 targets the FSA set itself for 2008/09, 39 were delivered on schedule. Of the other 20, 10 were re-planned but still delivered in the 2008/09 financial year and 10 are still to be delivered.

  • The number of regulated firms decreased from 28,325 to 27,340.
  • The number of approved persons decreased from 172,077 to 166,420.

Page 79 of the Report sets out details of the remuneration of FSA Board members

Adair Turner’s total remuneration for the period 20/09/08-31/03/09 was £246,546, made up of salary of £219,000 and benefits totalling £27,346. Hector Sants’ total remuneration was £623,170 (2007/08: £661,948). This comprised salary of £478,000 and other benefits totalling £145,170. He declined to take his bonus award of £130,000.

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