Sign up to our FCA Warnings daily alerts
We’re launching a new email subscription service that will notify you of all new and updated warnings that we publish on the FCA website.
Almost all firms offering financial services in the UK must be authorised and registered by us. Firms we have identified or been told are providing regulated products or services without the correct authorisation are added to our unauthorised firms list. Our email service will alert you when new or updated warnings are published.
Operational resilience rules come into force
31 March 2022 marks the first deadline under the Operational Resilience policy that we jointly issued in March 2021.
By 31 March 2022, in-scope firms must have identified their important business services, set impact tolerances, and carried out the necessary mapping and testing to enable them to do so. We can now ask you to submit your self-assessment document to us too.
You have until 31 March 2025 to perform mapping and testing, and make the necessary investments, to enable you to operate consistently within your impact tolerances.
We encourage firms to act on this now.
Attesting compliance with General Insurance Pricing Practices rules
In PS21/5, we confirmed senior managers must attest annually that their firm has complied with our GI Pricing rules. All firms setting home and motor insurance prices, including where authority is delegated, must attest that they comply.
We sent out a survey in January for the first annual attestation. Firms that received it must respond in full or provide a nil return by 31 March 2022. Future attestations will be via RegData.
Our website includes an update to our Q&As, including Q4.4 on insurers that delegate the setting of the risk element of the price to another firm, and which firm is responsible for attesting compliance with the rules.
Mandatory attestations - reminder
In addition to the regulatory returns that your firm submits via RegData, you also need to complete these 2 mandatory attestations:
-
Firm Details Attestation: If your firm is subject to SUP 16.10 requirements, complete firm details attestation annually within 60 days from your Accounting Reference Date via Connect portal
-
Directory Persons’ Attestation: If your firm is subject to SUP 16.26.18-20 requirements, complete Directory Persons’ attestations within 12 months since you last updated or confirmed its accuracy via Connect portal
FCA Smaller Business Practitioner Panel – Member Vacancies
The FCA is looking to appoint one member to the SBPP from each of the following sectors: building societies, life cover/protection, credit unions, consumer credit and financial advice (with ESG expertise).
Please submit applications by Sunday 1 May 2022.
This is an opportunity to help shape the FCA’s strategy and policies at a time of significant change in UK financial services regulation.
Extension of Annual Financial Crime Reporting Obligation (REP-CRIM)
In March 2021 we published a policy statement which will increase the number of firms required to submit the REP-CRIM regulatory return (which covers data relating to financial crime risks).
This new change takes effect from 30 March 2022. If you are required to submit a REP-CRIM return you will be notified through RegData and your submission will be due within 60 business days after your firm’s accounting reference date.
See our policy statement for more about the REP-CRIM return.
Changes to PRIIPs regulations
On 25 March, we confirmed changes to PRIIPs regulations to help consumers make better-informed investment choices.
The regulations take effect from 25 March 2022 and, following feedback from respondents, firms have until 31 December 2022 to implement the changes. We’ve also provided more clarity on how we expect firms to construct narrative descriptions of performance within KIDs.
CP22/4 published - proposed changes relating to MIFIDPRU TP 7
On 4 March we published our quarterly consultation paper CP22/4. We proposed to make certain changes in connection with MIFIDPRU TP 7, including extending the deadline and increasing the scope of firms which may submit the notification.
The deadline to respond to CP22/4 is 11 April 2022.
Although we will need to consider consultation feedback before we can confirm whether we will or will not extend the deadline, affected firms and parent undertakings may wish to submit TP7 notifications now to ensure that they will meet the new deadline if it is extended.
Call for Input: Synthetic data to support financial services innovation
We invite academics, regulated firms, start-ups, RegTechs & FinTechs, technology firms, regulators and other policy-making bodies to provide their views on synthetic data. This includes its ability to support innovation, the requirements to be effective, and the potential limitations and risks.
Please submit responses by 22 June 2022.
Action required: Use of ‘no credit check’ (or similar) in financial promotions
We have seen firms using phrases 'loan guaranteed', 'pre-approved', 'no credit checks’ or similar in financial promotions. CONC3.3.3R states a firm must not in a financial promotion or a communication to a customer suggest or state, expressly or by implication, that credit is available regardless of the customer's financial circumstances or status.
Consumers may think this means the lender will make no checks on credit status, whether with a credit reference agency or other means. Firms must avoid indicating that credit is available regardless of the customer's financial circumstances or status or they will be in breach of CONC 3.3.3R.
Debt Packagers
We now expect to publish our Policy Statement on debt packagers later this year. We received many detailed responses to our consultation and are carefully considering the comments.
We remain committed to ensuring that consumers receive high-quality debt advice and to tackling the harms debt packagers may cause. We continue to supervise the sector closely and to progress wider work, such as our focus on help and support for borrowers in financial difficulty, to ensure lenders help customers to access high-quality debt advice.
Launch of Innovation Pathways
We are excited to share that we are launching a new unified firm support service, Innovation Pathways, that will provide bespoke tailored regulatory advice and support to firms with innovative business models that want to deliver positive innovations and customer outcomes in the market.
The unified service will enhance and build upon the service provided by Direct Support and the Advice Unit.
Recent statements by Binance and Eqonex Limited
On 7 March we issued a statement on Eqonex Limited and the Binance Group confirming that an entity called Bifinity will advance a US$36 million convertible loan to EQONEX.
The Binance Group includes Binance Markets Limited, which is regulated by the FCA for a limited set of activities. Until outstanding issues are addressed, the FCA’s concerns about Binance Markets Limited remain, including those highlighted in the supervisory notice of June 2021.
New exemption for SCA reauthentication
We strongly encourage Account Servicing Payment Service Providers (ASPSPs) to apply exemption 10A of the Regulatory Technical Standards on Strong Customer Authentication and Secure Communication (SCA-RTS).
If adopted, customers will not need to reauthenticate when they access their account details through a Third-Party Provider (TPP). Instead, TPPs will need explicit consent from customers at least every 90 days.
ASPSPs should apply the exemption as soon as possible and we expect TPPs to now be technically ready to reconfirm customer consent.
See our SCA page for more information about the exemption and what you need to do.
Warning to operators of crypto ATMs
On 11 March 2022 we warned operators of crypto ATMs in the UK to shut their machines down or face enforcement action.
None of the cryptoasset firms registered with us has been approved to offer crypto ATM services, meaning that any of them operating in the UK are doing so illegally and consumers should not be using them.
Launch of claims management fees cap
On 1 March 2022 we confirmed new restrictions to prevent excessive fees being charged to consumers owed compensation from financial services firms. We have also enhanced pre-contract disclosure requirements for CMCs.
If your firm is affected, you must ensure you are complying with our rules. For more information see PS21/18.
Digital Sandbox: Sustainability Cohort Demo Days
Between 22-24 March 2022, the FCA and the City of London Corporation hosted the final demo days for the Digital Sandbox Sustainability cohort.
Each team had 10 minutes to showcase solutions that solved challenges relating to ESG data and disclosure, and demonstrate the progress they had made since January. We had around 80 attendees per session, including representatives from national/international regulators, banks, academia, and startups.
Register for free at https://app.digitalsandboxpilot.co.uk/ to view the demos on each team’s showcase page. Go to ‘Events’ and select ‘Digital Sandbox: 2021 Sustainability Cohort’ to view the showcase pages.
Back to the top
|