FSA takes tougher stance on market abuse
Market Watch 26 reiterates the supervisor’s stern approach to market abuse enforcement
LONDON – The UK Financial Services Authority has again reiterated its intention to beef up enforcement of market abuse rules to maintain clean financial markets in London.
“Clean markets are vital to the continuing success of London as an international financial centre,” said Sally Dewar, managing director of wholesale and institutional markets at the FSA, in the introduction to the newsletter. “Market misconduct, particularly in the form of insider dealing and market manipulation is, put simply, cheating and reduces investor confidence in the UK markets. Our aim is to have a regime that achieves 'credible deterrence' and ensures a level of market quality we can all be proud of.”
Part of this “credible deterrence” involves visits to firms by the FSA’s market conduct teams to assess systems and controls. The FSA will subsequently publish details of any weakness in its Market Watch newsletters. These visits, introduced in response to the market rumours that circulated about HBOS in March 2008, are intended to supplement existing firm-specific risk assessment visits.
Dewar also reiterates that senior management must take responsibility to identify risks, conflicts of interests and develop appropriate systems and controls. If senior management can demonstrate it has taken all necessary steps to protect against market abuse, the FSA will only prosecute the individual concerned, not the firm. However, “where we believe firms’ systems and controls are not meeting our standards, we will consider enforcement action – even if those firms themselves have not necessarily committed market abuse”, Dewar said.
Also following the false market rumours in March, the FSA is working to deepen its understanding of the policies financial institutions have in place to guard against malicious or false rumours, to consider whether further guidance is needed.
The newsletter also details work undertaken to prevent insider dealing, in particular the mergers and acquisitions project commenced in 2007, advances in detection techniques and obtaining market intelligence, and tools available to the FSA when investigating market abuse.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Dispute emerges over ‘ambiguity’ of perp markets
Kalshi execs hit back at report’s findings of regulatory fogginess
EBA brainstorming ways to make capital rules competitive
Watchdog aims to provide advice on future revisions before year-end
FRTB revamp won’t restore models to past glory, risk managers say
US-inspired reform only expected to lead to small boost in adoption, with limited desks on IMA
Regulators must think bigger to tackle tech risks, says Hong Kong SFC
Leung warns AI adoption and recent cyber scares show new threats require global co-operation
Time to let some air out of the banking system?
Watchdogs worry about lowering standards, but policy-makers eye growth – they face a difficult dilemma
Competitiveness mandate for Esma faces uphill battle
European Parliament offers last chance to force Esma to take more nuanced approach
Europe expects FRTB to bite on XVA hedges
Risk Benchmarking: One-third of European dealers fear new market risk rules will have major effect on hedges
Burning ambition: will Europe join the US in setting fire to the rules?
As the US dismantles post-crisis regulations, some think Europe will follow in a bid to boost economic growth