Compliance
UK Regulator To Point Finger At Senior Staff In Event Of Slip-Up

Going forward, the regime will apply to nearly all regulated entities.
The UK's financial watchdog has outlined its proposals to extend
a regime that holds managerial staff accountable for their
conduct to nearly all sectors of financial services, piling more
pressure on senior staff to take responsibility for
mishaps.
The Financial
Conduct Authority yesterday published proposals to extend the
Senior Managers and Certification Regime (SM&CR) to “almost
all” regulated firms, essentially replacing the Approved Persons
Regime.
“The aim of the new regime is to reduce harm to consumers and
strengthen market integrity by making individuals more
accountable for their conduct and competence,” the FCA
said.
The regime will require staff at all levels to take personal
responsibility for their actions, while firms and their staff
will “clearly understand” and be able to demonstrate where
responsibility lies, the FCA added.
The regulator's move comes amid industry patter about who is to
personally blame when slip-ups occur. In some cases, it is
obvious. For example, investigators can usually single out
insider traders with ease because of their personal
communications. In others, however, it can be clouded, especially
when large divisions of a company find themselves in the firing
line.
The FCA says the “responsibilities of senior managers will be
clearly set out and, should something in their area of
responsibility go wrong, they can be personally held to
account”.
Under the regime, firms will certify individuals for their
“fitness, skill and propriety” at least once a year, if they are
not covered by it but their jobs “significantly” impact customers
or firms, the FCA said.
“The extension of the Senior Managers and Certification Regime is
key to driving forward culture change in firms,” Jonathan
Davidson, executive director of supervision – retail and
authorisations at the FCA, said. “This is about individuals, not
just institutions. The new conduct rules will ensure that
individuals in financial services are held to high standards, and
that consumers know what is required of the individuals they deal
with. The regime will also ensure that senior managers are
accountable both for their own actions, and for the actions of
staff in the business areas that they lead.”