Page 405 - 《期货和衍生品行业监管动态》(2022年合集)
P. 405
期货和衍生品行业监管动态
ARs are not authorised by the FCA – they can offer certain financial services or
products under the responsibility of authorised firms (known as principals). Principal
firms are responsible for ensuring their ARs comply with our rules. While some
principals do this effectively, many do not adequately oversee the activities of their
ARs.
As a result, the rules will help prevent consumers being mis-sold or mis-led by
ARs and will prevent misconduct by ARs undermining markets operating fairly and
safely. Under them, principal firms will need to:
Apply enhanced oversight of their ARs, including ensuring they have
adequate systems, controls and resources.
Assess and monitor the risk that their ARs pose to consumers and
markets, providing similar oversight as they would to their own business.
Review information on their ARs’ activities, business and senior
management annually, and be clear on the circumstances when they should
terminate an AR relationship.
Notify the FCA of future AR appointments 30 calendar days before it
takes effect.
Provide complaints and revenue information for each AR to the FCA on
an annual basis.
As part of its new three-year strategy to improve outcomes for
consumers and markets, the FCA is also undertaking targeted supervision of
principal firms across the whole financial services sector, using improved data
and analytical tools to focus its work. It’s also increasing scrutiny on firms
applying for authorisation and as they appoint ARs.
The new rules do not change the fact that principals are responsible for the
activities of their ARs. The FCA is working with HMT to explore if further changes
are needed to the AR Regime, which would require future legislative change.
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