FCA Press Release – SM&CR

FCA Press Release – 16 April 2019

Senior Managers and Certification Regime:

FCA reminds firms about the extension of the regime and encourages early preparation

The Financial Conduct Authority (FCA) is today issuing a reminder to FSMA authorised firms that they need to start preparing today, to be ready for the new regime coming into effect on 9 December 2019. The FCA has already rolled out the SM&CR to banks and insurance firms, and is extending the regime to the 47,000 firms it regulates.

The aim of the SM&CR is to establish healthy cultures and effective governance in firms by encouraging greater individual accountability and establishing a new standard of personal conduct. Senior Managers will need to take responsibility not just for the decisions they make, but for how they influence others, encouraging a healthy culture from the top. 

Under the regime, all Senior Managers must have a Statement of Responsibility – which should be clear enough for everyone to understand what activities the Senior Manager is responsible and accountable for in the business.  Larger and more complicated firms are must have Responsibility Maps showing how the responsibilities of their Senior Managers fit together. 

Firms are urged to prepare Statements of Responsibilities (SoRs) and Responsibilities Maps as early as possible. The FCA published guidance (https://www.fca.org.uk/publications/finalised-guidance/fg19-2-smcr-guidance-statements-responsibilities-and-responsibilities-maps in March to give firms practical assistance and information on preparing SoRs and Responsibilities Maps.     

With the introduction of the SM&CR, the FCA is seeking to encourage a culture where all financial services staff embrace the new five conduct rules:

1.          Act with integrity

2.         Act with due care, skill and diligence

3.         Be open and cooperative with the FCA

4.         Pay due regard to the interests of customers and treat them fairly

5.         Observe proper standards of market conduct

 

Firms should start by preparing their bespoke training plans and ensure staff understand the practical application of the specific rules which are relevant to their roles.  For bespoke training, firms can look to the FCA handbook: https://www.handbook.fca.org.uk/handbook/COCON/4/1.html

The culture and governance of firms is an ongoing priority for the FCA and the extension of the SM&CR is one element of this.   To find out more about the full requirements firms should refer to the FCA’s guide for solo-regulated firms at the FCA website: https://www.fca.org.uk/publication/policy/guide-for-fca-solo-regulated-firms.pdf.

Jonathan Davidson, Executive Director of Supervision –  Retail and Authorisations at the FCA, said:

“Senior leaders should view the regime as a catalyst to inspire positive culture change at their firms. The SM&CR is an important way to ensure that individuals at all levels within firms take personal responsibility for their actions.   It is good for business when employees buy into a firm’s purpose, feel personal accountability and are inspired to speak up (and to listen). This can be encouraged through the new conduct rules. This kind of culture supports a healthy and inclusive workplace for employees, innovation and sustainability, and thoughtful identification and mitigation of risk.”

 

Important Note: ATEB news is intended to provide general information ONLY. The content, including any views expressed or guidance provided, does not replace the need to comply fully with FCA Rules and Guidance. Unless you have discussed news article content with ATEB, and specifically how it relates to your circumstances, then ATEB disclaims all liability and responsibility and actions arising from any reliance placed upon it. For the avoidance of doubt therefore, any reliance you place on such information without our consultation is at your own risk.

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Technical Manager - Often referred to as the Oracle or the Sage, Alistair has a wealth of financial services experience. He is our go-to Technical Manager and enjoys nothing more than a complicated conundrum. Feel free to test his renowned knowledge by getting in touch.

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