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

West Brom BS cuts low-deposit mortgage rates

West Brom Building Society has reduced rates across its two-year core and new build...

The Mortgage Works cuts rates and adds new buy-to-let options

The Mortgage Works has cut rates by up to 0.20 percentage points across selected...

Industry warned against Smart Data ‘compliance theatre’

The mortgage and property sectors have been warned they risk creating only the “appearance...

The Partnership rebrands to target next phase of growth

Conveyancing firm The Partnership has unveiled a major rebrand as it looks to accelerate...

Mansfield launches fixed rates running to September 2031

Mansfield Building Society has launched three mortgage products fixed until 30 September 2031, aimed...

Latest publication

Other news

West Brom BS cuts low-deposit mortgage rates

West Brom Building Society has reduced rates across its two-year core and new build...

The Mortgage Works cuts rates and adds new buy-to-let options

The Mortgage Works has cut rates by up to 0.20 percentage points across selected...

Industry warned against Smart Data ‘compliance theatre’

The mortgage and property sectors have been warned they risk creating only the “appearance...