The Senior Management and Certification Regime (SMCR) is aimed at individuals who are subject to regulatory approval. This regime requires firms to allocate a range of responsibilities to these senior managers, ensuring clear accountability and governance.
The SMCR ensures that these individuals are fit and proper for their roles and hold them accountable for the conduct and compliance of the firm in their areas of responsibility.
SYSC 10 refers to the Senior Management Arrangements, Systems, and Controls (SYSC) section of the Financial Conduct Authority (FCA) Handbook in the UK.
Specifically, SYSC 10 deals with conflicts of interest, providing guidelines and requirements for firms to identify, manage, and prevent conflicts of interest that could adversely affect the interests of clients.
The common platform in regards to SYSC refers to SYSC 4-10, which is a unified set of organizational requirements. These sections of the SYSC (Senior Management Arrangements, Systems, and Controls) provide a comprehensive framework that FCA-regulated firms must follow to ensure effective governance, risk management, and internal controls.
This common platform is designed to create consistency and clarity across firms, promoting high standards of regulatory compliance.
Firms seeking Part 4A permission from the FCA must clearly outline the scope of their activities, specifying the types of investments they will be involved in. This ensures regulatory oversight and compliance with relevant rules and regulations.
This choice highlights the disciplinary aspect of the regime. It ensures that if an individual breaches one or more of the Statements of Principle, they can be disciplined without the entire firm being disciplined.
This fosters a culture of personal accountability and reinforces regulatory standards within financial firms.
These principles outline the fundamental obligations that all FCA-regulated firms must adhere to.
They serve as the cornerstone of ethical conduct and regulatory compliance within the financial industry, covering areas such as integrity, competence, financial soundness, and market conduct.
This section of Block 7 in the FCA Financial Handbook covers regulations related to listing, prospectus, and disclosure requirements for financial firms. It includes guidance on enforcement procedures, as well as measures to prevent financial crime.
The purpose of the SM (Senior Managers) Regime is to hold individuals accountable if a firm breaches a regulatory requirement. This regime aims to ensure that senior managers within financial firms are personally responsible for the actions and decisions made within their areas of responsibility, thereby promoting greater accountability and enhancing corporate governance.
Dual-regulated firms, which are regulated by both the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA), must apply to the PRA to cancel or vary their Part 4A permission.
The PRA oversees the prudential regulation of these firms, ensuring their stability and resilience, while the FCA focuses on conduct regulation.
The Certification Regime applies to a broader range of individuals within a firm, beyond just Senior Management Functions (SMFs). This regime requires firms to assess the fitness and propriety of certain employees who could potentially harm the firm or its customers, ensuring that they are competent and capable of carrying out their roles effectively.
This includes individuals such as traders, risk managers, and other staff who have significant influence over the firm's activities but do not hold SMF roles.
SYSC 18 covers whistleblowers under the Public Interest Disclosure Act (PIDA). This section of the SYSC (Senior Management Arrangements, Systems, and Controls) outlines the requirements for firms to establish and maintain effective whistleblowing procedures, ensuring that employees can raise concerns about wrongdoing without fear of retaliation.
PIDA provides the legal framework for protecting whistleblowers who report issues in the public interest.
