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GLOSSARY

FCA Handbook definition

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What does FCA Handbook mean?

A publication by the fca which sets out the rules and guidance made by the FCA under powers given to it in fsma 2000. The FCA Handbook is divided up into different guides and sourcebooks including the Listing Rules, the Prospectus Regulation Rules and the Disclosure Guidance and Transparency Rules.

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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

FCA consultation paper tracker—2017 [Archived]

FCA consultation paper tracker—2017 [Archived] This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2017, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker [Archived] Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/ Handbook Notice Payment systems and services CP17/44: PSR regulatory fees The Payment Systems Regulator (PSR) and the FCA published a consultation and decision paper setting out their policy decision on the way they will collect PSR regulatory fees in 2018/19 and in subsequent years, and consulting further on the proposed fees allocation method. 15 December 2017 26 January 2018 Handbook Notice 53 (23 March 2018)CP18/8 (23 March 2018) Consumer credit, mortgage and home finance CP17/43: Credit card market study: Persistent debt...

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Governance, systems and controls requirements for insurers

Governance, systems and controls requirements for insurers Introduction The requirements on UK insurers concerning the topics of governance, risk management, systems and controls are all interlinked and should be approached in a holistic manner. These requirements primarily take the form of a number of detailed regulatory rules and guidance, and insurers must periodically review their governance, risk management, systems and controls to ensure effective compliance with them. Insurers will also be aware that the UK regulators determine whether certain incidents represent regulatory breaches by reference to overarching ‘threshold conditions’ and broad regulatory principles (or ‘fundamental rules’), which are set out in this note. Accordingly, the UK regulators could consider an insurer to be in breach of applicable regulation by reference to a threshold condition or a regulatory principle even if there is no rule that explicitly covers the issue in question. For an insurer, there is also conceptually an overlap between what may be regarded as governance or systems requirements and what may be regarded as capital or...

What is a long-term incentive plan?

What is a long-term incentive plan? A long-term incentive plan (LTIP) is a term that is commonly used among listed companies to describe executive share plans under which a company makes share based awards to senior employees with a vesting period of at least three years. To meet institutional shareholder voting requirements (where shareholder approval is required), awards are usually made subject to the achievement of specified performance targets. Where the LTIP has stringent performance conditions, companies sometimes call their LTIP a performance share plan (PSP). Another name for an LTIP that has been used commonly in the past (where those plans make use of a particular form of LTIP award) is a restricted share plan. For companies listed in the equity shares (commercial companies) category of the London Stock Exchange, there is a specific definition of long-term incentive scheme in the Financial Conduct Authority (FCA) handbook. See Specific definitions below. The term LTIP is sometimes used in a broader context to describe any incentive...

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Financial services outsourcing agreement (intra group)

Financial services outsourcing agreement (intra group) This Agreement is made on [insert date] Parties 1 [Insert name of party] a company incorporated in England and Wales (under number [insert registered number ]) whose registered office is at [insert registered address] (the Service Provider) and 2 [Insert name of party] a company incorporated in England and Wales (under number [insert registered number]) whose registered office is at [insert registered address] (the Firm) (each of the Service Provider and the Firm being a Party and together the Service Provider and the Firm are the Parties) Recitals: (A) The Firm is an [insert, eg investment management and advisory firm] and is authorised and regulated by the Financial Conduct Authority (FCA) (B) The Firm is a wholly owned subsidiary of the Service Provider (C) The Parties have decided to enter into this Agreement to document those operational functions which are being outsourced to the Service Provider and which are, in the opinion of the Firm,...

Policy—regulatory references

Policy—regulatory references 1 Introduction 1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation authority (PRA) (together the Regulators) require firms that are authorised by the Regulators (and subject to the Senior Managers and Certification Regime (SM&CR)) to request regulatory references if they are considering:. 1.1.1 permitting or appointing someone to perform a senior management function; 1.1.2 issuing a certificate under the certification regime; and/or 1.1.3 appointing a non-executive board director. 1.2 These regulatory references are designed to assist prospective employers to assess whether an individual applying for an applicable regulated function is fit and proper to hold that role. 1.3 To enable a prospective employer to assess the fitness and propriety of a candidate for a regulated function, organisations that fall within the SM&CR must provide upon request a regulatory reference that covers the individual for the preceding six years (and, in certain circumstances, longer). It is essential that we comply with our regulatory obligations in obtaining and in responding to such requests, as the failure to...

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When is a private company allowed to offer shares to the public? Would an offer to several investors or a group of high net worth individuals be construed as an offer to the public?

When is a private company allowed to offer shares to the public? Would an offer to several investors or a group of high net worth individuals be construed as an offer to the public? Prohibition of public offers by private company (Companies Act 2006, Part 20, Chapter 1) Under section 755(1) of the Companies Act 2006 (CA 2006) a private limited company must not: • offer to the public any securities (ie shares or debentures) of the company, or • allot or agree to allot any securities of the company with a view to their being offered to the public Further CA 2006, s 755(2) confirms that, unless proved otherwise, an allotment or agreement to allot securities will be presumed to be made with a view to their being offered to the public if an offer of the securities (or any of them) to the public is made: • within six months after the allotment or agreement to allot, or • before the receipt by the...

Can a credit agreement be declared unenforceable as a result of irresponsible lending practices by the lender?

Can a credit agreement be declared unenforceable as a result of irresponsible lending practices by the lender? We refer you to the following Practice Notes: • Consumer credit agreements—pre-contract requirements • Responsible lending requirements—CONC 5 • FSMA 2000—private rights of action for breach of statutory duty • Consumer Redress Schemes The rules in chapters 4 and 5 of the Financial Conduct Authority (FCA)’s Consumer Credit Sourcebook (CONC 4 and 5) replaced the Office of Fair Trading (OFT)’s Irresponsible Lending Guidelines (ILG) that were in place before regulation of consumer credit became the responsibility of the FCA. You will note from Practice Note: FSMA 2000—private rights of action for breach of statutory duty that under section 138D of the Financial Services and Markets Act 2000 (FSMA 2000), a private person who has suffered a loss as a result of an FCA rule breach by an authorised person, has an actionable suit against that authorised person. The fact of the breach, as long as

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Share Incentives weekly highlights—3 April 2025

This week's edition of Share Incentives weekly highlights includes (1) the government’s Call for Evidence as part of the new independent review of the loan charge, (2) a report regarding the use of ESG targets in executive pay arrangements of major global companies, and (3) the National Insurance Contributions (Secondary Class 1 Contributions) Bill completing all Parliamentary stages.

Financial Services weekly highlights—3 April 2025

This week's edition of Financial Services weekly highlights includes: the PRA’s consultation on FSCS deposit protection limit changes; the PRA’s enforcement action against a former NED of Wyelands Bank; the implementation of the FOS’ charging regime for CMCs; the ESAs’ evaluation report on EU Securitisation Regulation; IOSCO’s final report on systemic risk and regulatory perimeter standards; and the publication of RTS and ITS under MiCA, plus dates for your diary over the coming week.

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