Governance News from Manifest - ISSN 1745 - 1132

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Financial Services Authority

 

Purpose: The Financial Services Authority (FSA) is an independent body that regulates the financial services industry in the UK.

 

Founded: Gordon Brown, the Chancellor of the Exchequer, announced the reform of financial services regulation in the UK and the creation of a new regulator on 20 May 1997. It has taken on the work of a number of previous organisations and was given statutory powers by the Financial Services and Markets Act 2000.

 

Based: 25 The North Colonnade, Canary Wharf, London

 

Structure: The FSA is a non-governmental body. The board is appointed by Her Majesty’s Treasury, and consists of: a chairman, a chief executive, three managing directors and 11 non-executive directors. The board sets overall policy, but the day-to-day decisions and management of staff are the responsibility of the executive.

 

Chairman: Callum McCarthy

Chief Executive: John Tiner

Managing directors: David Kenmir - regulatory services, Clive Briault - Retail Markets, and Hector Sants - wholesale and institutional markets

 

Statutory Objectives:

To maintain confidence in the financial system. The FSA supervises exchanges, settlement house and other market infrastructure providers; conducts market surveillance; and monitors transactions.

To promote public understanding of the financial system. The FSA helps people gain the knowledge, aptitude and skills they need to become informed consumers.

To secure the right degree of protection for customers. The FSA vets companies to ensure only those satisfying the necessary criteria (including honesty, competence and financial soundness) can engage in regulated activity. Once authorised, these companies remain the subject of monitoring by the FSA to ensure they are meeting these standards. In the event of serious problems the FSA will move to discipline or prosecute offenders.

To help reduce financial crime. The FSA concentrates on tackling three main types of financial crime: money laundering, fraud and dishonesty, and criminal market misconduct such as insider dealing.

 

UK Listing Authority: The FSA is the competent authority for listing, referred to as the UK Listing Authority (UKLA), and maintains the Official List. Sally Dewar, director of the FSA's markets division is responsible for the UKLA. To comply with its responsibilities, the FSA has created a set of rules known collectively as the Listing Rules.

 

The UKLA reviews and approves all listing particulars which companies put together to have their securities admitted to the list. The UKLA then seeks to ensure that listed companies comply with their ongoing obligations under the listing rules. This includes providing a regular flow of information into the market. The UKLA has the power to impose a financial penalty on a listed company or director where the listing rules have been broken. Companies will occasionally be suspended from the official list if they have not made enough information available to the market: this protects investors from trading without full and complete information about the company.

 

Links

Principles of Good Regulation

UK Listing Authority

FSA Handbook

Listing Rules

Prospectus Rules

Disclosure Rules