Conduct and Pay in the Financial Services Industry: The regulation of individuals, 1st Edition (e-Book) book cover

Conduct and Pay in the Financial Services Industry

The regulation of individuals, 1st Edition

Edited by Thomas Ogg, Richard Leiper QC

Informa Law from Routledge

311 pages | 1 B/W Illus.

Purchasing Options:$ = USD
Hardback: 9781138680876
pub: 2017-03-29
$335.00
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eBook (VitalSource) : 9781315564142
pub: 2017-03-27
from $167.50


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Description

Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA’s and PRA’s requirements.

The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include:

  • The Senior Manager, Certification and Approved Person Regimes
  • Regulatory references and whistleblowing
  • Disciplinary investigations, enforcement and sanctions
  • Notifications, ‘Form C’, and fitness & propriety
  • Bonus disputes and the Remuneration Code

Conduct and Pay in the Financial Services Industry considers the full extent of an individual’s employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

Reviews

'…the authors provide valuable insights into issues that may need to be grappled with in due course… I anticipate that this will become the standard work for those of us who advise on questions of regulatory authorisation, conduct and pay in the financial services field. The authors have certainly achieved their objective of filling the gap that existed in our law libraries.'

Richard Coleman Q.C. ARDL Quarterly Bulletin

"A succinct, well-written book on the regulations governing conduct and pay in financial services…it is likely to be an essential read for any who have to advise clients in the financial services sector. Its greatest strength is that its contributors are practitioners with considerable collective experience of the sector who are also able to offer insight into the attitude and mindset of the regulators, coupled with an exceptionally high level of ability in and knowledge of employment law."

Stephen Levinson, Employment Lawyers Association

Table of Contents

1. Introduction

[Thomas Ogg and Richard Leiper QC]

PART I: CONDUCT

2. The conduct regime

[Thomas Ogg]

3. Fitness and propriety

[Richard Leiper QC]

4. The Approved Persons Regime

[Thomas Ogg]

5. The certification regime

[Richard Leiper QC]

6. The Senior Managers Regime

[Jonathan Swift QC]

7. Notifications and the "Form C" issue

[Thomas Ogg]

8. Regulatory references and whistleblowing

[Richard Leiper QC]

9. Misconduct

[Thomas Ogg]

10. Sanctions

[Leo Davidson]

11. Enforcement procedure

[Leo Davidson]

PART II: PAY

12. Bonuses: the general law

[Daniel Stilitz QC]

13. The remuneration codes

[Patrick Halliday]

14. Malus and clawback: further discussion

[Richard Leiper QC]

About the Editors

Thomas Ogg is a barrister at 11KBW, practicing in financial regulation, employment and commercial law. He was previously seconded to the Financial Conduct Authority’s Enforcement Legal Group and its General Counsel Division, and now regularly advises on contentious financial services matters.

Richard Leiper QC is a leading specialist in City disputes, practising from 11KBW. He was instructed in the key remuneration cases, including Clark v Nomura and Commerzbank v Keen, and has advised both institutions and individuals involved in a wide range of financial transactions.

About the Series

Lloyd's Commercial Law Library

In this series you will find expert commentary and analysis on wide-ranging aspects of commercial law including commercial agents, the law of deceit, and financial crisis management. All the titles are dedicated to meeting the needs of commercial law specialists.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW007000
LAW / Banking
LAW009000
LAW / Business & Financial
LAW022000
LAW / Corporate