Senior Managers Regime

Last updated

The Senior Managers and Certification Regime (SM&CR) apply to the United Kingdom banking sector since March 2016 and dual-regulated insurers since December 2018. SM&CR has been put in place to reduce financial service consumer harm and strengthen market integrity by making individuals accountable for their conduct and competence. The FCA describes SM&CR as an opportunity for financial institutes to establish healthy cultures and effective governance by encouraging individual accountability and setting standards for personal conduct.

Contents

Background

The SM&CR legislation was formed in response to the 2008 banking crisis and significant conduct failings such as the manipulation of LIBOR. UK Parliament passed the proposed legislation in December 2013, leading to the FCA and Prudential Regulation Authority (PRA) applying the legislation to the banking sector from March 2016. Parliament made further legislative changes in May 2016, extending the regime to all FSMA authorised firms. SM&CR replaced the preceding Approved Persons Regime.

Applicability

The legislation applies to all FCA/PRA regulated banking sector institutes. This includes: banks, building societies, credit unions, UK branches of foreign banks and the largest UK investment institutes. It also applies to all FCA/PRA regulated insurance and reinsurance institutes. This includes: insurers and reinsurers, ISPVs, the Society of Lloyd's, managing agents and UK branches of foreign insurers.

Key components

Senior Managers Regime

The most senior staff at institutes where SM&CR apply, who perform key roles, are designated as 'Senior Managers'. Senior Managers must be approved by FCA or PRA before commencing their roles. Senior Managers must also have a 'statement of responsibilities' where their responsibilities and accountability is documented. This statement must be part of the institute's overarching 'responsibilities map' and shall cover 'prescribed responsibilities' and 'overall responsibilities' (legislative texts). Institutes must also annually re-certify all Senior Managers as suitable to perform their roles.

Certification Regime

Staff at SM&CR institutes holding roles that can cause significant harm to the institute (or customers) are designated as 'Certification Functions'. Certification Function role holders do not require FCA/PRA approval, but the institute must annually re-certify that they are suitable ('fit and proper') to perform their role.

Conduct rules

Most staff engaged in financial services activities at SM&CR institutes are affected by the so-called conduct rules. These are minimum standards for individual behaviour with the aim to improve accountability and awareness of conduct issues across the institute.

See also

Related Research Articles

Chief information officer (CIO), chief digital information officer (CDIO) or information technology (IT) director, is a job title commonly given to the most senior executive in an enterprise who works with information technology and computer systems, in order to support enterprise goals.

<span class="mw-page-title-main">Financial regulation</span> Rules or restrictions for financial institutions

Financial regulation is a form of regulation or supervision, which subjects financial institutions to certain requirements, restrictions and guidelines, aiming to maintain the stability and integrity of the financial system. This may be handled by either a government or non-government organization. Financial regulation has also influenced the structure of banking sectors by increasing the variety of financial products available. Financial regulation forms one of three legal categories which constitutes the content of financial law, the other two being market practices and case law.

<span class="mw-page-title-main">Financial Services and Markets Act 2000</span> United Kingdom legislation

The Financial Services and Markets Act 2000 is an Act of the Parliament of the United Kingdom that created the Financial Services Authority (FSA) as a regulator for insurance, investment business and banking, and the Financial Ombudsman Service to resolve disputes as a free alternative to the courts.

Property management is the operation, control, maintenance, and oversight of real estate and physical property. This can include residential, commercial, and land real estate. Management indicates the need for real estate to be cared for and monitored, with accountability for and attention to its useful life and condition. This is much akin to the role of management in any business.

<span class="mw-page-title-main">Industrial and provident society</span>

An industrial and provident society (IPS) is a body corporate registered for carrying on any industries, businesses, or trades specified in or authorised by its rules.

Independent financial advisers (IFAs) are professionals who offer independent advice on financial matters to their clients and recommend suitable financial products from the whole of the market. The term was developed to reflect a United Kingdom (UK) regulatory position and has a specific UK meaning, although it has been adopted in other parts of the world, such as Hong Kong.

A Company Secretary is a senior position in a citizen sector establishment. Also known as Compliance Officers, it is one of the positions that is a part of the key managerial personnel of any company. In large American and Canadian publicly listed corporations, a Company Secretary is typically named a Corporate Secretary. A Company Secretary is responsible for the efficient administration of a company, particularly with regard to ensuring compliance with statutory and regulatory requirements and for ensuring that decisions of the board of directors are implemented.

Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer policies; and regulation of claim handling wise.

Anti-money laundering software is software used in the finance and legal industries to help companies comply with the legal requirements for financial institutions and other regulated entities to prevent or report money laundering activities. The digital design facilitates faster and more accurate compliance and investigations.

Solvency II Directive 2009 is a Directive in European Union law that codifies and harmonises the EU insurance regulation. Primarily this concerns the amount of capital that EU insurance companies must hold to reduce the risk of insolvency.

The Revised Payment Services Directive (PSD2, Directive (EU) 2015/2366, which replaced the Payment Services Directive (PSD), Directive 2007/64/EC) is an EU Directive, administered by the European Commission (Directorate General Internal Market) to regulate payment services and payment service providers throughout the European Union (EU) and European Economic Area (EEA). The PSD's purpose was to increase pan-European competition and participation in the payments industry also from non-banks, and to provide for a level playing field by harmonizing consumer protection and the rights and obligations for payment providers and users. The key objectives of the PSD2 directive are creating a more integrated European payments market, making payments more secure and protecting consumers.

<span class="mw-page-title-main">HBOS</span> United Kingdom banking and insurance company

HBOS plc was a banking and insurance company in the United Kingdom, a wholly owned subsidiary of the Lloyds Banking Group, having been taken over in January 2009. It was the holding company for Bank of Scotland plc, which operated the Bank of Scotland and Halifax brands in the UK, as well as HBOS Australia and HBOS Insurance & Investment Group Limited, the group's insurance division.

<span class="mw-page-title-main">Financial Services Board (South Africa)</span> Financial regulatory authority

The Financial Services Board (FSB) was the government of South Africa's financial regulatory agency responsible for the non-banking financial services industry in South Africa from 1990 to 2018. It was an independent body which had a mandate to supervise and regulate the non-bank financial services industry in the public interest. This included the regulation of the biggest stock exchange in Africa the Johannesburg Stock Exchange. From 1 April 2018 the FSB was split into prudential and market conduct regulators.

<span class="mw-page-title-main">Ageas</span>

Ageas is a Belgian-French multinational insurance company co-headquartered in Brussels. Ageas is Belgium's largest insurer and operates in 14 countries worldwide. The company was renamed from Fortis Holding in April 2010 and consists of those insurance activities remaining after the breakup and sale of the financial services group Fortis during the financial crisis of 2007-2010.

<span class="mw-page-title-main">Financial Conduct Authority</span> British financial regulator

The Financial Conduct Authority (FCA) is a financial regulatory body in the United Kingdom, but operates independently of the UK Government and is financed by charging fees to members of the financial services industry. The FCA regulates financial firms providing services to consumers and maintains the integrity of the financial markets in the United Kingdom.

The Prudential Regulation Authority (PRA) is a United Kingdom financial services regulatory body, formed as one of the successors to the Financial Services Authority (FSA). The authority is responsible for the prudential regulation and supervision of banks, building societies, credit unions, insurers and major investment firms. It sets standards and supervises financial institutions at the level of the individual firm. Although it was initially structured as a limited company wholly owned by the Bank of England, the PRA's functions have now been taken over by the Bank and are exercised through the Prudential Regulation Committee. The company has since been liquidated.

The Financial Policy Committee (FPC) is an official committee of the Bank of England, modelled on the already well established Monetary Policy Committee. It was announced in 2010 as a new body responsible for monitoring the economy of the United Kingdom. Focusing on the macro-economic and financial issues that may threaten long term growth prospects, it was expected to be officially set out in legislation during 2012. Although early plans were for the interim (pre-legislation) FPC to meet in late 2010, the committee's first meeting was held in June 2011. As of March 2012, the FPC is expected to take over operational responsibility for managing the financial sector from the Financial Services Authority with legislation planned for 2013.

The Financial Sector Legislative Reforms Commission (FSLRC) is a body set up by the Government of India, Ministry of Finance, on 24 March 2011, to review and rewrite the legal-institutional architecture of the Indian financial sector. This Commission is chaired by a former Judge of the Supreme Court of India, Justice B. N. Srikrishna and has an eclectic mix of expert members drawn from the fields of finance, economics, public administration, law etc.

The Controlled Functions of the Financial Conduct Authority (FCA) are simplifying code names given to various functions within the financial services and relating to the carrying on of regulated activities by a firm. These are specified, under section 59 of the Financial Services and Markets Act which still stands as the reference after the FSA split into the FCA and the PRA. The FCA is solely responsible for all applications for approval for FCA Designated Controlled Functions for all FCA solo regulated firms.

Sadharan Bima Corporation is the one and only state-owned non-life insurer and reinsurer in Bangladesh under the Ministry of Finance, Government of the People's Republic of Bangladesh. Both Sadharan Bima Corporation, the non-life insurer, and Jiban Bima Corporation, the life insurer, were created under the Insurance Corporation Act of 1973 of Bangladesh.