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

Conveyancing delays seen as biggest obstacle to smoother home moves

Conveyancing is viewed as a bigger barrier to a smooth property transaction than chains,...

Millions of households exposed to financial shocks despite apparent stability

Millions of UK households that appear financially secure could struggle to absorb an unexpected...

The Mortgage Hut adopts Instamo tool to speed up mortgage applications

The Mortgage Hut has introduced Instamo's FastSubmit technology to reduce the amount of manual...

FCA sets out timetable for major expansion of anti-money laundering supervision

The FCA expects to begin taking over anti-money laundering supervision of legal, accountancy and...

MAB revenue rises as refinancing drives mortgage completions

Mortgage Advice Bureau reported an 8.6% increase in first-half revenue to £161.0m as higher...

Latest publication

Other news

Conveyancing delays seen as biggest obstacle to smoother home moves

Conveyancing is viewed as a bigger barrier to a smooth property transaction than chains,...

Harpenden’s expat move could be bigger than the numbers suggest

Harpenden Building Society’s move into expat mortgages this summer has been good news for...

Millions of households exposed to financial shocks despite apparent stability

Millions of UK households that appear financially secure could struggle to absorb an unexpected...