"The final report has now been published. Key recommendations are cited as: A new Senior Persons Regime, replacing the Approved Persons Regime, to ensure that the most important responsibilities within banks are assigned to specific, senior inpiduals so they can be held fully accountable for their decisions and the standards of their banks in these areas. The report comments: “The Approved Persons Regime has created a largely illusory impression of regulatory control over inpiduals, while meaningful responsibilities were not in practice attributed to anyone. As a result, there was little realistic prospect of effective enforcement action, even in many of the most flagrant cases of failure” A new licensing regime underpinned by Banking Standards Rules to ensure those who can do serious harm are subject to the full range of enforcement powers - these would apply to both Senior Persons and licensed bank staff and a breach would constitute grounds for enforcement action by the regulators. A new criminal offence for Senior Persons of reckless misconduct in the management of a bank, carrying a custodial sentence - following a conviction, the remuneration received by an inpidual during the period of reckless behaviour should be recoverable through separate civil proceedings. A new remuneration code better to align risks taken and rewards received in remuneration. This would include longer deferrals; more of that deferred remuneration to be in forms which favour the long term performance and soundness of the firm; the avoidance of reliance on narrow measures of bank profitability in calculating remuneration; inpidual claims on outstanding deferred remuneration to be subject to cancellation in the light of inpidual or wider misconduct or a downturn in the performance of the bank or a business area; and powers to enable deferred remuneration to Senior Persons and licensed inpiduals, as well as any unvested pension rights and entitlements associated with loss of office, to be cancelled in any case in which a bank requires direct taxpayer support. Regulatory and supervisory approach. The report sets out a large number of recommendations with regard to this. Among these, it recommends that TSC undertake an inquiry in three years’ time into the supervisory and regulatory approach of FCA and PRA. TSC has asked FCA and PRA to examine how they will minimise the risk of appearing to act as shadow directors under their new approach to regulation, and to publish their findings – the report suggests that “something more substantial than the assurances given to date is required”. The report recommends that TSC, when undertaking its inquiry into the supervisory approach of both regulators, assesses whether FCA’s approach to data collection has been appropriate and that it considers FCA’s use of its product intervention tools in its inquiry into the supervisory approach. The report considers that FCA should provide clear reasons when it does not consider that initiation of a collective consumer redress scheme is appropriate. The report raises concerns over the relationship between BoE/PRA and its execs It is recommended that FPC should be given the duty of setting the leverage ratio, adding “if the regulators’ and supervisors’ independence is to be meaningful, the setting of the leverage ratio must form part of their discretionary armoury”. "
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