Fixed Income – the PRA requires action.

The fallout from the collapse of Archegos Capital in 2021 and the Liability Driven Investment (‘LDI’) crisis of last autumn rolls on with much of the recent focus on remedial work around the LDI liquidity problems.

In a recent ‘Dear Chief Risk Officer’ (‘CRO’) letter from the PRA to firms involved in the PRA’s planned thematic review of firms’ matched book repo businesses, the PRA explained that they had widened the review to cover lessons learned from the large fluctuations seen in gilt prices in September and October 2022, which particularly impacted LDI firms.

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Peter Manning
Wholesale Banks Supervision – The FCA Writes to CEOs.

In its latest ‘Dear CEO letter’, the FCA has written to wholesale banks setting out their supervisory strategy for the next two years based on recent market events. 

It includes information on their internal restructuring, which creates a ‘Sell-Side Directorate’ where the Wholesale Banks Department now sits alongside the supervision of market intermediaries and an area that analyses market interactions. …

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Peter Manning
The PRA Imposes Record Fine for Serious Risk Management and Governance Failures

In a co-ordinated global regulatory action, which included the Swiss Financial Market Supervisory Authority (FINMA), the U.S. Federal Reserve and the U.K.’s Prudential Regulation Authority (PRA), Credit Suisse, now a subsidiary of UBS, has been fined a total of $388 million over their dealings with the collapsed firm Archegos Capital Management.

For the PRA’s part their proportion of the fine was £87 million, the largest ever imposed on a firm, and the first time that its enforcement investigation team had established breaches of four of its eight Fundamental Rules and Principles for Businesses.

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Peter Manning
SPOOFING INTRODUCTION

There have recently been a number of high profile “Spoofing” cases in the US, resulting in several convictions of traders. Spoofing is a form of market abuse which can sometimes be subtle, and hard to distinguish from “normal trading”, and is therefore challenging to monitor.

However, there is a clear message from authorities that spoofing is market abuse and will not be tolerated - so the responsibility falls firmly on senior management to ensure that the level and quality of trader surveillance is  adequately robust to prevent spoofing. …

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Ian Gaskell
Cryptoassets – Regulating the Unregulated

As international legislators and policy makers rush to catch up with the exponential growth of the cryptoasset market the PRA is applying the existing regulatory framework to control their expanding use, while the FCA is focusing on the management of growing risks in the areas of financial crime and custody.

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Peter ManningFMCR
Global Equity Finance Businesses – the PRA/FCA require urgent action

Following global losses of over $10 billion suffered through the failure of Archegos Capital Management earlier this year, the PRA and the FCA have engaged in a multinational review and assessment of the losses conducted by the major global regulators, particularly focusing on counterparty risk management.

The UK response - under the umbrella of the Bank of England - was a Dear CEO’ letter sent in December to selected firms, operating in this space, requiring review and assessment of their equity financing business .

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Peter Manning
FCA views Cum-Ex Trading as “Abusive”

As our followers on LinkedIn will know, one of FMCR’s areas of expertise is on the complex business of what has become known as ‘Cum-Ex’ trading. FMCR provides technical knowledge and experience on Cum-Ex and Cum-Cum, including forensic data analysis and conduct reviews.

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Peter Manning
Cum-Ex Trading – Update and Frequently Asked Questions – Series 2

In the last Series, we covered some of the basics of Cum-Ex trading – how the trade works, what factors can create a duplication of withholding tax reclaims and what a short seller is.

In the next few series we will be going over products alternative to shares that could be used in Cum-Ex. In Series 2 we look at ETFs.

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Spoofing Introduction

The FCA has issued a Warning Notice regarding alleged spoofing-type activities at a bank in 2016. There have also recently been a number of high profile “Spoofing” cases in the US, resulting in several convictions of traders.

Spoofing is a form of market abuse which can sometimes be subtle, and hard to distinguish from “normal” trading”, and is therefore challenging to monitor.

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Ian Gaskell
Cum-Ex Trading – Update and Frequently Asked Questions – Series 1

A lot has happened since FMCR last published “Were ADRs used for Cum-Ex Trading” and “Cum-Ex trading – is your firm affected?” – two British traders have been found guilty of tax evasion, more participants have been indicted, new European jurisdictions have launched investigations and the FCA have started investigating the involvement of a number of UK institutions and individuals in Cum-Ex.

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