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.

[tds_create_account btn_bg_h="#000000" f_text_font_family="global-2_global" show_version="" tdc_css="eyJhbGwiOnsiYm9yZGVyLXJhZGl1cyI6IjUiLCJkaXNwbGF5IjoiIn19"]

Latest articles

Access FS rolls out Elev8 adviser CRM

Access Financial Services has launched Elev8, a new CRM for mortgage and protection advisers,...

Cotality joins OPDA to support open property data standards

Cotality has joined the Open Property Data Association (OPDA) as the industry group continues...

Your clients have already asked AI

The FCA published research on 27 August showing that 56% of 18- to 40-year-olds...

Cambridge BS family moves into Rent to Home property

A family of four has moved into a Cambridge Building Society rental property in...

FCS Compliance to hold free AML webinar for property professionals

FCS Compliance is to hold a free webinar examining changes to money laundering regulations...

Latest publication

Other news

Access FS rolls out Elev8 adviser CRM

Access Financial Services has launched Elev8, a new CRM for mortgage and protection advisers,...

Cotality joins OPDA to support open property data standards

Cotality has joined the Open Property Data Association (OPDA) as the industry group continues...

Your clients have already asked AI

The FCA published research on 27 August showing that 56% of 18- to 40-year-olds...