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

The Mortgage Lender cuts buy-to-let rates and brings back 75% LTV deals

The Mortgage Lender has reduced buy-to-let rates by up to 0.35% and relaunched selected...

Paradigm adds Afin Bank to lender panel

Paradigm Mortgage Services has added Afin Bank to its lender panel, giving member firms...

Air supports Linear move into later life lending

Air is supporting Linear Financial Solutions as the Primis Mortgage Network firm launches into...

Yorkshire Building Society staff to climb Snowdon for charity

More than 200 Yorkshire Building Society colleagues are preparing to climb Snowdon overnight to...

Cirencester Friendly adds minimum benefit guarantee to income protection products

Cirencester Friendly has introduced a minimum benefit guarantee across its Income Assured and My...

Latest publication

Other news

The Mortgage Lender cuts buy-to-let rates and brings back 75% LTV deals

The Mortgage Lender has reduced buy-to-let rates by up to 0.35% and relaunched selected...

Paradigm adds Afin Bank to lender panel

Paradigm Mortgage Services has added Afin Bank to its lender panel, giving member firms...

Air supports Linear move into later life lending

Air is supporting Linear Financial Solutions as the Primis Mortgage Network firm launches into...