银行与金融法
FCA监管、消费信贷、金融服务和反洗钱。
简介
银行和金融法规范金融机构、信贷服务和反洗钱措施。
核心原则
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.
关键法规
重要判例
Foley v Hill
(1848) 2 HL Cas 28
Barclays Bank v O'Brien
[1994] 1 AC 180
常见情景
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.