CONC and Consumer Duty: How the Regimes Interact
CONC and Consumer Duty: How the Two Regimes Interact Consumer-credit firms have lived with the Consumer Credit sourcebook (CONC) for years. Since it came fully into force, they have also had to meet the Consumer Duty. The two are not alternatives, and they are not …
CONC Creditworthiness Assessments in Practice
CONC Creditworthiness Assessments in Practice: What Lenders Must Do Few areas of consumer-credit regulation have generated more remediation, complaints and enforcement attention than affordability. The rules sit in CONC 5.2A of the FCA Handbook, and while they are principles-based rather than prescriptive, getting them wrong …
The Financial Promotions Compliance Role: Skills and Career Path
The Financial Promotions Compliance Role: Skills and Career Path As the FCA’s scrutiny of financial promotions has intensified, the people who manage them have become more important — and more sought after. Financial promotions compliance has evolved from a sign-off task tacked onto a broader …
Financial Promotions Record Keeping: What the FCA Expects
Financial Promotions Record Keeping: What the FCA Expects A compliant financial promotion that cannot be evidenced is, from a supervisory perspective, almost as exposed as a non-compliant one. The FCA expects firms not only to communicate promotions that are fair, clear and not misleading, but …
AR Financial Promotions: Managing Principal Firm Liability
AR Financial Promotions: Managing Principal Firm Liability The appointed representative model lets an unauthorised firm conduct regulated business under the umbrella of an authorised principal. It is a long-established feature of UK financial services, and it carries a feature that catches some principals out: the …
Social Media Financial Promotions: What Compliance Teams Must Know
Social Media Financial Promotions: What Compliance Teams Must Know Social media is where the financial promotions regime meets its hardest test. The channels are built for brevity, immediacy and sharing — everything that works against balanced, properly contextualised communication about financial products. The FCA has …
Common Financial Promotions Breaches and How to Avoid Them
Common Financial Promotions Breaches and How to Avoid Them Most financial promotions breaches are not the result of firms setting out to mislead. They are the result of familiar, repeatable mistakes — the risk warning that is technically present but practically invisible, the past-performance figure …
Fair, Clear and Not Misleading: Applying the FCA Standard
Fair, Clear and Not Misleading: Applying the FCA Standard Three words sit at the centre of UK financial promotions regulation: fair, clear and not misleading. They appear in COBS 4.2.1R of the FCA Handbook, they govern every communication a regulated firm makes to a customer, …
Tesla Model 3 and P11d benefit
I first wrote about the Tesla Model 3 and its benefit in kind treatment back in 2019, when the car had only just arrived in the UK and the government had announced a headline-grabbing company-car tax rate for electric vehicles. Years on, I still drive …
New FCA Governance Guides for Regulated Firm Boards
Our sister practice Exec Capital — which specialises in C-suite and board-level executive search, including an extensive specialism in senior appointments at FCA-regulated firms — has published a significant new series of Knowledge Centre guides covering the regulatory framework for board and senior management function …
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