FCA

New FCA consultation on CFDs – Request for help

by Cliff Weight, Director, ShareSoc The FCA have launched a new consultation on CFDs and “retail derivatives”: https://www.fca.org.uk/publications/consultation-papers/cp18-38-restricting-contract-difference-products-sold-retail-clients-and-discussion-other-retail  We are circulating this to members to see if anyone has specific experience and competence to be able to respond – and is willing to help. The FCA have asked 17 specific questions. Our approach to consultations is to only answer those questions where we have particular knowledge.  We usually write a covering letter highlighting our views about the key issues and then give the answers ...

Banks Claims Group Limited, FCA and RBS

Neil Mitchell, who ran Torex Retail before he blew the whistle on an earlier fraud at the software company and RBS’s Global Restructuring Group took control of the business, has applied for a judicial review of a UK Financial Conduct Authority decision in July that its options for taking action were “limited”. Neil, who claims to represent 530 complainants affected by alleged wrongdoing at GRG, alleges in his judicial review application that the FCA has been “unlawfully refusing or failing” to ...

FRC and FCA Investigations: Managing expectations, and Blancco news

Peter Parry and I now have regular meetings with the FRC and FCA to discuss topics of interest. We met Jen Sisson of the FRC on 23 Sep and...

Too Much Cash, Wey Education and Patisserie Accounts

Are you stacked up with cash in your ISAs, SIPPs, and direct portfolios? As a dedicated follower of fashion (if the markets are falling as investors sell, then so do I) it is of some concern that the cash is not earning any interest. There was some relatively good news yesterday from soon to be listed A.J.Bell Youinvest. They are increasing the interest they pay on cash held in portfolios. Previously you got 0.05% on balances more than £50,000. It will ...

Brexit Prevarication, The Company, Sarbanes-Oxley and Patisserie Holdings (CAKE)

Prevarication definitions: delaying giving someone an answer, or avoiding telling the whole truth. Theresa May’s suggestion for an extension of the Brexit transition period surely smacks of prevarication and all sides of the Brexit debate saw it for what it was. The result is some furious back-peddling by the Prime Minister. Putting off decisions usually does not make them any easier. It is not at all clear what the PM’s strategy is here. Was she perhaps hoping to put off Brexit ...

FCA investigations of hidden fees.

34 fund managers are being investigated for ‘hiding’ their fees according to a story in the Sunday Times on 7 October, see https://www.thetimes.co.uk/article/34-fund-managers-investigated-for-hiding-their-fees-l6kjwqhrz  An investigation has been launched into 34 pension and investment companies for failing to meet new rules that force them to disclose the true cost of their funds. This is the first time the City regulator, the Financial Conduct Authority (FCA), has taken action against firms for not adopting rules intended to make it easier for savers to assess and ...

Response to FCA on Platforms Study Sep 2018

Press Release 106 - Joint Press Release from UKSA and ShareSoc on behalf of individual investors about the FCA Investment Platforms Market Study Interim Report In a hard-hitting response to the Financial Conduct Authority, UKSA-ShareSoc demand a more fundamental review of how investment ownership is recorded (i.e. share and fund registration systems) needs to be undertaken and legislation put in place to reform it. The present systems appear to have been devised for the primary benefit of the platform operators and not their clients, ...

ShareSoc+UKSA demand firmer, faster action from the FCA in our joint response to Duty of Care consultation

In a considered joint response, the UK Shareholders Association and ShareSoc, said firmer and faster, transparent action against those who violate the integrity of the FCA standards, rules and guidance is needed. In practically every financial scandal or financial crisis, the FCA seems to have taken far too long to decide whether companies/firms/individuals have a case to answer and too often has concluded that nothing has gone seriously wrong. If this fundamental issue is not addressed, then no amount of debate ... Read more

Lax Regulation (Globo, GRG) and Japanese Trust AGM

Globo was one of those AIM companies that turned out to be a complete fraud. Back in December 2015 the Financial Reporting Council (FRC) announced an investigation into the audits of the company by Grant Thornton (GT). Even the cash reported on the balance sheet in the consolidated accounts of the parent company proved to be non-existent (or had been stolen perhaps). I have previously complained about the slow progress and the lack of any information on this investigation. But former shareholders ... Read more

Duty of Care or Fiduciary Duty to Investors?

The Financial Conduct Authority (FCA) have published two papers on their approach to consumers (i.e. retail savers/investors in their terminology). These cover whether a new “Duty of Care”, or...