Regulatory architecture

This Overview is a guide to the Banking & Finance content within the Regulatory architecture subtopic, with links to the appropriate materials.

This Overview contains information on the UK and EU frameworks for bank regulation.

UK financial services regulatory framework

The Financial Services Act 2012 (FSA 2012) replaced the Financial Services Authority (FSA) with two new regulators—the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA)—and created a new Financial Policy Committee (FPC) of the Bank of England (BoE).

Firms that are dual-regulated, such as banks, insurers and major investment firms, are supervised by the PRA for prudential areas and by the FCA for conduct areas. All other firms are supervised by the FCA for both conduct and prudential issues. FSA 2012 also gave the FCA new powers to regulate benchmarks and transferred responsibility for the regulation of consumer credit from the Office of Fair Trading to the FCA. The FCA also performs the functions previously carried out by the FSA as UK Listing Authority.

The FPC has responsibility for macroprudential regulation, while the BoE has direct supervisory powers in respect of financial market

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High Court clarifies position of sole directors under Model Articles and the interaction between UK sanctions regulations and in-court appointment of administrators (Re KRF Services (UK) Ltd and others)

Restructuring & Insolvency analysis: This High Court case (which addresses two important issues in UK company law and sanctions regulations) will be of interest to insolvency practitioners, corporate and restructuring lawyers, sanctions lawyers, and businesses and individuals which are affected by sanctions. Firstly, it clarifies the position of sole directors under the Model Articles for private limited companies. The court ruled that a sole director can validly pass board resolutions and bind the company, regardless of whether they have always been the sole director or were previously part of a multi-member board. This interpretation resolves conflicts between Article 7(2) and Article 11(2) of the Model Articles, with the court favouring Article 7(2)'s provisions. Secondly, the case examines the interaction between UK sanctions regulations and the in-court appointment of administrators. The court determined that making an administration application and order does not breach asset-freezing sanctions, even when the company is designated or controlled by a sanctioned person. While an Office of Financial Sanctions Implementation (OFSI) license is typically required for administrators to act, the court retains discretion to make immediate appointments in urgent situations. Written by Joshua Ray and Duncan Henderson, partners at CANDEY, which acted for the First and Second Applicants on this matter.

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