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

Half of borrowers undecided as fixed rates end

More than half of homeowners coming to the end of a fixed-rate deal are...

Court delays stretch to 27 weeks as Section 21 exit looms

Landlords are facing the longest court delays in more than two decades despite a...

Law Society urges court funding boost before Section 21 ban

The Law Society of England and Wales has called on the Government to increase...

Manchester movers rethink upsizing as costs bite

Rising mortgage rates and stamp duty bills are prompting Manchester families to shelve plans...

Central Trust launches new range with rates from 6.69%

Central Trust has launched a new Premier product range, with second charge rates starting...

Latest publication

Other news

Half of borrowers undecided as fixed rates end

More than half of homeowners coming to the end of a fixed-rate deal are...

Court delays stretch to 27 weeks as Section 21 exit looms

Landlords are facing the longest court delays in more than two decades despite a...

Law Society urges court funding boost before Section 21 ban

The Law Society of England and Wales has called on the Government to increase...