Regulacja usług finansowych
Regulacje FCA/PRA, autoryzacja, nadużycia rynkowe, kredyt konsumencki i promocje finansowe.
Wprowadzenie
Regulacja usług finansowych nadzoruje banki, ubezpieczycieli i firmy inwestycyjne w celu ochrony konsumentów.
In Brief
Carrying on regulated financial activities without FCA/PRA authorisation is a criminal offence under s.19 FSMA 2000 (the 'general prohibition'). The Financial Services Compensation Scheme protects consumers up to £85,000 per firm if an authorised firm fails. Complaints about regulated firms go to the Financial Ombudsman Service. The Senior Managers and Certification Regime (SM&CR) imposes personal accountability on senior managers. Market abuse (insider dealing, manipulation) is prohibited under UK MAR with unlimited FCA fines.
Podstawowe zasady
General Prohibition — No person may carry on a regulated activity unless authorised or exempt (s.19 FSMA). Breach is a criminal offence.
FCA Objectives — Consumer protection, market integrity, and promoting competition.
Market Abuse — Insider dealing, unlawful disclosure, and market manipulation are prohibited under UK MAR.
Financial Promotion — Communications must be approved by an authorised person or exempt (s.21 FSMA).
Senior Managers & Certification Regime — Personal accountability for senior managers in regulated firms.
Consumer Credit — Regulated by the Consumer Credit Act 1974 and supervised by the FCA.
Kluczowe ustawy
Financial Services and Markets Act 2000
Consumer Credit Act 1974
Wiodące orzeczenia
FCA v Arch Insurance
[2021] UKSC 1
Bankers Trust v Shapira
[1980] 1 WLR 1274
Typowe scenariusze
Bank mis-sells investment product
Complain to the firm, then escalate to the Financial Ombudsman Service. If the firm is insolvent, the Financial Services Compensation Scheme covers up to £85,000 per person per firm.
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Frequently Asked Questions
What is the 'general prohibition' in financial services regulation?
Section 19 of FSMA 2000 provides that no person may carry on a regulated activity in the UK unless they are authorised by the FCA/PRA or exempt. Regulated activities include accepting deposits, lending, dealing in investments, managing investments, and advising on investments. Breach is a criminal offence (s.23 FSMA) and contracts entered into in breach are unenforceable.
What is the Senior Managers and Certification Regime (SM&CR)?
The SM&CR replaced the Approved Persons regime and applies to banks, building societies, insurers, and most FCA-regulated firms. It requires firms to identify 'senior managers' who are responsible for key business areas, subject them to FCA approval and a Duty of Responsibility, and certify annually that other key staff are fit and proper. Individuals can be held accountable for regulatory failures within their remit.
What protection do I have for money held by a financial firm?
The Financial Services Compensation Scheme (FSCS) protects consumers if an FCA-authorised firm fails. For deposits, protection is up to £85,000 per person per bank. For investments, up to £85,000. For insurance, up to 90% of the claim (100% for compulsory insurance). For mortgage advice, up to £85,000. Claims must be made to the FSCS directly after the firm is declared in default.
What is market abuse and how is it enforced?
Market abuse (under UK MAR, retained EU law) covers insider dealing, unlawful disclosure of inside information, and market manipulation. The FCA investigates and can impose unlimited civil fines, require disgorgement of profits, and seek criminal prosecution (under the Criminal Justice Act 1993 for insider dealing, with a maximum of 7 years' imprisonment). Individuals and firms can both be liable.
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