UK Financial Regulation (Capital Markets Programme) Quiz 08

Last Updated: June 2024

Table of Contents

UK Financial Regulation (Capital Markets Programme)
Element 2
The Financial Services and Markets Act 2000 and Financial Services
Act 2012
-Regulated and Prohibited Activities
On completion, the candidate should:
-know the regulated and prohibited activities [Parts II/III of FSMA
2000, Regulated Activities Order 2001 and the under-noted
guidance in the Perimeter Guidance Manual (PERG)]:
• authorised persons [PERG 2.2.3]
• exempt persons [PERG 2.10] and FSMA [Exemption Order
2001 (SI 2001/1201)]
• offences under the Act [PERG 2.2.1/2]
• enforceability of agreements entered into with an unauthorised
business [PERG 2.2.2]
• defences available under the Act [PERG 2.2.1]
-understand the regulators’ actions in respect of prohibition orders
and actions for damages and how private persons can sue for
damages when a firm is declared in breach [(FSMA 2000 s.56, 59,
71) (FSA 2012 s.138D)]
-Performance of Regulated Activities
On completion, the candidate should:
-know the role of the FCA and PRA enforcement divisions, the
power of the FCA and PRA to make decisions by executive
procedures and the role, scope and consequences of the
Regulatory Decisions Committee’s responsibility for decision
making [DEPP 3.1 – 3.4, 4.1]
-know the outcomes of the FCA’s and PRA’s statutory notices
[DEPP 1.2], the regulatory enforcement processes: warning,
decision, supervisory and final notices [DEPP 2.2 + 2.3] and the
firm’s right to refer to the tribunal [DEPP 2.3.2/3]

-know the FCA’s powers of intervention (products and financial
promotions)
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-Information Gathering and Investigations
On completion, the candidate should:
-know the regulators’ power to require information and to appoint
persons to carry out investigations [FSMA 2000 s.165 – 8]
-Regulated Activities
On completion, the candidate should:
-know the activities specified in Part II of the Regulated Activities
Order
– know the main exclusions from the need for authorisation under
the FSMA 2000 [Regulated Activities Order]
• absence of holding out [PERG 2.8.4(1)]
• groups and joint enterprises (PERG 2.9.9/10)
• advice in newspapers [PERG 2.8.12 & 7.1.2]
• trustees, nominees and personal representatives [PERG 2.9.3]
• employee share schemes [PERG 2.9.13]
• overseas persons [PERG 2.9.15]
-know the investments specified in Part III of the Regulated
Activities Order
-know the authorisation procedures for firms:
• the need for authorisation [FSMA s.19. PERG 2.3, Annex 1 and
2, 2.10.9 – 16]
• the threshold conditions for authorisation [FSMA Sch 6. COND
2]
-know the supervisory process:
• purpose of supervision arrangements [SUP 1A.2/3]
• focus on a firm’s senior management [SUP 1A.1.4, SYSC
1.2.1(1)/4.2.1/4.3.1]
• tools for supervision [SUP 1A.4.1/2/4/5]
-understand the PRA and FCA individual accountability
requirements for all firms, the requirements for individuals to be
registered and be subject to the Senior Managers & Certification
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Regime and what this means, and who is subject to the Conduct
Rules [SYSC 23, 24 and SUP 10C]
-know the approval process for individuals performing or intending
to perform a Senior Management Function under the Senior
Managers & Certification Regime [SUP 10C (Guidance), SUP
10C.2 (for FCA-designated Senior Management Functions); PRA
Rulebook Senior Managers Regime – applications and
notifications (2)]
-understand the processes and provisions relating to the Directory,
a new public register for key individuals working in financial
services
-know the Training and Competence regime:
• the application of the systems and control responsibilities in
relation to the competence of employees [SYSC 5.1.1
(FCA/PRA)]
• the application of T&C for retail activities [TC 1.1.1/3]
• assessing and maintaining competence [TC 2.1.1(1), 2.1.2], the
examination requirements before starting activities [TC
2.1.6/7(1)], firms must assess at the outset and at regular
intervals the training needs of its employees [TC 2.1.11],
maintaining competence [TC 2.1.12/13] and the need for a
Statement of Professional Standing
• activities to which the T&C rules apply [TC Appendix 1]
-know the legal and regulatory basis for whistleblowing [SYSC
18.1, 18.3, 18.4.3/4]

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