FSA fines to be more closely linked to income

Published on

The FSA has published its new penalties policy, which could see enforcement fines treble in size.

Under the new framework, fines will be linked more closely to income and be based on up to 20% of a firm’s revenue from the product or business area linked to the breach over the relevant period up to 40% of an individual’s salary and benefits (including bonuses) from their job relating to the breach in non-market abuse cases and a minimum starting point of £100,000 for individuals in serious market abuse cases.

The regulator’s policy statement, ‘Enforcement Financial Penalties’, creates a new and structured five-step penalty-setting framework. This has been established following a period of consultation with the industry subsequent to the publication of a Consultation Paper in July 2009.

The new framework is based on the three principles of disgorgement, discipline and deterrence and consists of removing any profits made from the misconduct setting a figure to reflect the seriousness of the breach considering any aggravating and mitigating factors achieving the appropriate deterrent effect and applying any settlement discount.

The policy statement also sets out a new policy in relation to the circumstances when the FSA may reduce a fine because of its financial impact and
clarifies the situations in which the FSA may publicise enforcement action in criminal cases bringing the FSA’s approach in line with other agencies.

Margaret Cole , FSA director of enforcement and financial crime, said: “Despite industry opposition we have decided to implement these proposals as we believe enforcement penalties are a powerful tool to help change behaviour in the industry. We imposed record fines in 2009

COMMENT ON MORTGAGE SOUP

We want to hear from you!
Leave a comment and get the conversation started.
You need to register to post, so please login or sign up below.

Latest articles

Semi-detached homes lead house price growth

Semi-detached and terraced homes are outperforming the rest of the housing market as buyers...

Mortgage advisers get new route to Chartered status

Experienced mortgage advisers will be able to become Chartered Members under a new pathway...

Enness Global hires chief of staff to oversee business strategy

Enness Global has appointed Ailsa Alexander as chief of staff, with responsibility for coordinating...

Tipton expands expat and limited company buy-to-let range

Tipton & Coseley Building Society has added mortgage products for limited company landlords and...

Beagle Street hires Moore and Mears to boost broker distribution

Beagle Street has appointed Amanda Moore and Zoe Mears to develop its intermediary partnerships...

Latest opinions

In our industry, competition and collaboration aren’t opposites

If there's one theme running through the market at the moment, it's the power...

We must not accept our snail’s pace home buying system

Buying a house in this country can be ridiculously slow, as a handful of...

Deferment and capitalisation rates: small percentages, large consequences

The Government is currently consulting on Leasehold enfranchisement valuation rates to determine what deferment...

Your clients can’t tell which firm they’re dealing with

Two clients walk into your firm in the same week. One of them is a...

Other news

Semi-detached homes lead house price growth

Semi-detached and terraced homes are outperforming the rest of the housing market as buyers...

Mortgage advisers get new route to Chartered status

Experienced mortgage advisers will be able to become Chartered Members under a new pathway...

Enness Global hires chief of staff to oversee business strategy

Enness Global has appointed Ailsa Alexander as chief of staff, with responsibility for coordinating...