The meaning behind: Authorised & Regulated by the FCA

Niraj Mamtora • 13 January 2021


What does FCA Regulated Mean?

The body that is responsible for the regulation of all financial services in the United Kingdom is the Financial Conduct Authority (FCA). The main targets of FCA are to increase market integrity, promote healthy competition, and to protect customers. It achieves all of this by conducting three operational activities that include supervision, enforcement, and authorisation. As a result, all investment firms, consumer credit firms, and financial service providers need to be authorised. Moreover, the Bank of England's Prudential Regulation Authority (PRA) is responsible for the regulation of all insurance companies, banks, and credit unions.


Operational activities of the FCA

FCA has made it its main objective to make sure that all financial services prioritise customer protection against profit maximisation. Their regulation method I based on three major operational activities, which include:


Authorisation:

In order for a financial service provider to be regulated by the FCA, it needs to be registered or authorised by the FCA. The FCA then looks over the firm and the individuals involved to ensure that all required standards are met dutifully. For credit unions, insurance companies, and banks, the regulation process is undertaken by two bodies, including the FCA and the Prudential Regulation Authority (PRA).


Supervision:

Under this operational activity, the FCA supervises to ensure that all required standards are met by the individuals and firms. The element of risk is of primary importance that falls under the supervision. This operational activity is also based on a three-pillar approach with the three pillars being:


  • Proactive supervision of the largest firms
  • Reactive supervision as a response to the events that take place
  • Thematic analysis which takes into account the risks impacting entire sectors or multiple firms


Enforcement:

This operational activity involves intervention by the FCA to charge penalties on the firms or individuals failing to meet the required standards. The FCA can impose penalties, including prosecution, compensation for the consumers, and orders to stop the trade.

The whole regulation by FCA is performed in order to make sure that the consumers are protected. As a result, consumers can gain the confidence in the services provided to them by the firms or individuals. The regulation and consumer protection directly impact the economic stability of a country. This is because increased consumer trust tends to increase the growth and competition.


Who does the FCA regulate?

The main responsibility that FCA undertakes is the regulation of the conduct of financial markets and firms. The finance industry of the UK has defined financial services as the economic providers. Several types of businesses that have to manage money fall under this definition laid out by the finance industry. These include banks, insurance companies, credit card companies, stock brokerages, and credit unions.


Apart from these businesses, the FCA also provides regulation services for listed corporates and their officers. However, the regulation undergoes in compliance with the listing and the disclosure obligations. The FCA can also bring enforcement proceedings against anyone for the civil and criminal offenses of manipulating the market and insider dealing. This a part of their role that is to maintain and restore market integrity. If any authorised firms or their officers breach the Money Laundering Regulations, the FCA holds the authority to prosecute them.


The funding to the FCA comes directly from the firms that it is responsible for regulating. These firms pay the FCA as part of the fee it charges for services.  The FCA won't provide any regulation activities to the financial services providers as long as they are not registered or authorised by the FCA. If an applicant wants to get themselves authorised, they have to submit their qualification and experience, business plans, and qualification and experience. The FCA then thoroughly analyses these details before making a final decision. Once a positive decision has been made, all authorised firms are required to comply with the principles and rules and meet all minimum standards.

There are a total of 59,000 firms being currently supervised by the FCA. Most of these firms are serving wholesale and retail consumers as well as users of many of the world's most significant and largest global markets. The complexity and size of all these firms vary greatly. Moreover, FCA provides a level of regulation based on the level of risks of harm the firm poses to market integrity and consumers.


Why is it important to be FCA regulated?

Investing money is a risky business. As a result, consumers take extra caution while investing their money as everyone wants to avoid working with a firm that is unreliable and untrustworthy. FCA regulation or authorisation means that a consumer can trust the firm. It ensures that the firm treats all consumers in compliance with the strict criteria laid out by the FCA. As a result, consumers do not have to do extra research on the firm in making their final call. This is because FCA regulation ensures that all firms that fall under their supervision are complying with all the requirements of the Financial Services and Markets Act 2000 (FSMA).


Another major importance of FCA regulation is the impact it has on the economic stability of the country. This is because consumer trust in financial services is directly linked with the stimulation of growth and competition. Conforming to the FCA's is also beneficial for the businesses. This is because new businesses are won by financial service providers who always put their consumers first. History has shown that these businesses are won by the financial firms based on the quality, service, and price they have to offer. 


FCA has done wonders for the financial industry ever since it came into existence. The importance of this can be understood by the fact that before the FCA regulation of the financial industry, there were billions of pounds of fines being paid for financial crimes. These were in the form of compensations, penalties, and fines. The FCA has made it its utmost priority to monitor the sales-driven culture. Based on this, it implements suitable enforcement and control measures to make sure that the consumers are protected and the economy stays stable.


How do financial services providers become authorised and registered by the FCA?

In order to get registered or authorised by the FCA, an application has to be submitted. Once the application form is sent to the FCA, it will appoint a case officer for the firm. The responsibility of the case officer is to work with the firm to understand its procedures and processes. This evaluation is followed by an assessment by the officer to ensure that all the standard requirements in the FCA Handbook are being met by the business. 


Moreover, the FCA also checks against all key position holders in the business, including the directors and other such as compliance officers. They then approve whether these individuals should continue to hold their respective positions. Once this whole process has been carried out, the FCA writes to the applicant to tell them whether they have been authorised or not. If the applicant is not authorised, the FCA provides them with a fair explanation for the rejection.


There is also an application fee to be paid by the applicant. If authorisation is confirmed, the applicant then has to pay an annual fee to the FCA for its regulation services. Moreover, they also have to effectively stay in communication with the FCA and submit any important reports on a regular basis.


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