กฎหมายธนาคารและการเงิน
กฎระเบียบ FCA สินเชื่อผู้บริโภค บริการทางการเงิน และการต่อต้านการฟอกเงิน
บทนำ
Banking and finance law in England & Wales governs the regulation of financial services, consumer credit, payment systems, and anti-money laundering obligations. The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) regulate financial institutions. The Financial Services and Markets Act 2000 (FSMA) provides the regulatory framework, requiring firms carrying on regulated activities to be authorised. Consumer credit is regulated by the Consumer Credit Act 1974 (as substantially amended).
หลักการพื้นฐาน
Authorisation — Firms carrying on regulated activities must be authorised by the FCA or PRA (FSMA 2000, s.19). Carrying on regulated activities without authorisation is a criminal offence.
Consumer Credit — The Consumer Credit Act 1974 regulates credit agreements, hire agreements, and ancillary credit businesses. It requires proper execution of agreements and provides cancellation and early settlement rights.
Duty of Care — Banks owe duties to customers in contract, tort, and under regulatory rules. The FCA Handbook sets detailed conduct-of-business requirements.
Anti-Money Laundering — The Proceeds of Crime Act 2002 and Money Laundering Regulations 2017 impose obligations on financial institutions to identify and report suspicious activity.
Payment Services — The Payment Services Regulations 2017 regulate payment service providers, require transparency, and provide consumer protection for unauthorised transactions.
Financial Promotions — s.21 FSMA 2000 restricts the communication of financial promotions to or by authorised persons. Breach is a criminal offence.
Market Abuse — The Market Abuse Regulation (retained EU law) prohibits insider dealing, unlawful disclosure of inside information, and market manipulation.
Mortgage Regulation — The FCA regulates mortgage lending under the Mortgages and Home Finance order. Responsible lending and affordability assessments are mandatory.
กฎหมายสำคัญ
คดีชี้นำ
Foley v Hill
(1848) 2 HL Cas 28
Barclays Bank v O'Brien
[1994] 1 AC 180
สถานการณ์ทั่วไป
Unauthorised transaction on your bank account
Under the Payment Services Regulations 2017, the bank must refund unauthorised transactions immediately unless the customer acted fraudulently or with gross negligence. The bank bears the burden of proving customer fault.
Mis-sold payment protection insurance (PPI)
Where PPI was sold without adequate information, or to someone who could not claim on it, the sale may have been in breach of FCA conduct-of-business rules, giving rise to a right to compensation.
Suspicious activity reporting
Under the Proceeds of Crime Act 2002, a bank employee who suspects money laundering must make a Suspicious Activity Report (SAR) to the NCA. Failure to report is a criminal offence. 'Tipping off' the customer is also an offence.