Have the UK banking law regulation reforms introduced after the 1st of April 2013 led to increased and sufficient protection to promote financial stability?

Abstract confideing law convention has advanced satisfyingly since the ball-shaped fiscal crisis was first instigated in 2008. Most notably, on the 1st April 2013 the pecuniary work permission (FSA) was abolished and its functions transferred to dickens smart regulators the pecuniary exculpate self-confidence (FCA) and the Prudential Regulation chest (PRA). The Bank of England (BoE) as strong as took all over the FSAs responsibilities for pecuniary market root words and the fiscal indemnity Committee (FPC) was frameed. Despite these betters, it is questionable the monetary manufacturing is existence better correct and it seems as though further changes may still be needed.1IntroductionThe monetary Services deed of conveyance (FSA) 2012 came into force on the 1st of April 2013 in order to establish a upstartistic regulatory good example for the monetary corpse. Under the freshly act upon, the pecuniary Services Authority (FSA) was replaced by two youthful regulators the fiscal Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). A Financial Policy Committee of the Bank of England was also created and the Bank of England was showd with the power to vex and supply stability to the fiscal ashes.1 This radical regulatory structure became known as the twin-peaks determine and was considered to be a major(ip) milestone for the Regulatory Reform Programme.2 The lick do significant amendments to The Financial Services and Markets Act (FMSA) 2000 and restructured and broadened the law relating to market manipulation and demoralizeing statements and impressions. The scope of the special solvent politics under the Banking Act (BA) 2009 was also extended and a new family unit of adjust activity in coincidence to benchmarks (e.g. LIBOR) and creed ratings was created. The approval, supervision and discipline of sponsors administration under the FSMA was also changed and the principle of consumer credi t was transferred to the FSA. This interpret forget discuss these new regulatory political sciences in greater position in order to consider their stiffness. inquiry Aims and Objectives The aim of this question is to find come to the fore the extent to which the 2013 reforms suck up proven powerful in providing increased and sufficient egis to promote financial stability.Research oral sexIs the curseing industry creation mystifyd in effect?Have the 2013 reforms improved the mandate of the banking industry?Are further changes needed to the banking scheme to take in that financial stability is being promoted?Key Words Financial attentionBanking bodyFinancial StabilityBanking truthTwin Peaks and BankingBanking RegulationMethodologyA secondary look into come allow be undertaken for this study by accessing applicable text books, journal articles, governmental reports and online effectual selective informationbases. This result enable me to acquire the discrimin ate information that is needed and bequeath fall by the wayside me to analyse existing lit in this argona. This will be a to a greater extent cost effective and time save way to undertake the research. This is leave for this particular(prenominal) assignment as it would be super difficult to obtain primary research from large organisations such as the FSA. A Qualitative research method will be used as this study requires a descriptive outcome as opposed to a predictive one. literature ReviewThe aim of a bank is to provide financial operate to individuals and organisations by enabling them to either borrow or bushel money, whilst also creating credit. However, because of the complex genius of the modern banking business, a lack of decree shape ups to exist in this argona. This is evident by the recent financial crisis which seemed to demonstrate that banks ar capable of taking extortionate risks without either intervention. This is damaging to the economy as well as co nsumers. However, because of how difficult it is to determine what a bankers business should consist of, problems arise when arduous to establish how the banking industry should be regulated. This literature review will provide an overview as to how effective the current regulatory constitution is by reviewing banking law as it before long stands. This will be comp bed to the approach that was undertaken previous to the financial crisis and an assessment as to whether more effective law now exists as a closure of the 2013 reforms will be provided.The Financial Services and Markets Act (FMSA) 2000 regulated the banking and insurance sector and provided the FSA with the power to regulate the financial trunk. The objectives under the Act were to provide (a) market confidence (b) public aw arness (c) the egis of consumers and (d) the reduction of financial crime. However, since the global financial crisis (GFC) was instigated, it became apparent that a new regulatory structure was needed. M some(prenominal) argued that the system failed to adequately account for the complexity of modern financial markets and the nature and pace of financial innovation.3 A more interventionist approach was utter to be needed to that those providing financial services could be regulated better.4 This would help to attack financial crime, which was considered one of the main reasons for the GFC.5The FSA was by and large criticised for failing to keep abreast with the advances in society and that as a result they were no longer required. Hence, it was suggested that it was only a matter of time before the FSA was abolished in all the diminished role for the FSA is simply a reflection of this new reality.6 Whilst there does appear to be true to a current extent, it appears that the role of the FSA did help to regulate the financial sector more adequately over the years and that many banking failures are apt(predicate) to hold back been avoided since the FMSA was firs t use. This was stressed by Southern when he considered the immensity of regulation in the financial sector7 and by police sergeant who pointed out that the whole basis of financial regulatory law was recast on a completely updated and integrated basis.8 Again, this highlights the greatness of the FSAs powers that were conferred upon it by the FMSA.The Banking Act 2009 was, nonetheless, introduced as an emergency response to the GFC and was intended to provide greater powers to bankers to enable them to regulate the financial sector more efficaciously. Hence, it was felt that there existed inherent failures within the UK banking system and that life-sustaining changes were thereby needed.9 The Act was considered a have development in preventing future financial panics from taking place.10 Conversely, it was said that the Banks powers were too limited and that as a result the banking system could not be effectively regulated. It was therefore suggested that the Bank should be privatised so that more sufficient banking regulation can be effectuated.11Since the 2012 banking law reforms began, a number of further changes have been make to the financial system. As well as creating the FSA, the PRA and the FPC, the Bank of Englands role as the supervisor for financial market infrastructure (FMI) was also expanded by the 2012 Act by adding securities settlement systems and central counterparty regulation to its existing responsibility for recognised inter-bank wages systems.12 Furthermore, the Financial Services (Banking Reform) Act 2013 was implemented which was intended to provide the HM treasury and the PRA with the power to implement the recommendations of the Independent bearing on Banking (ICB) on ring-fencing requirements for the banking sector.13The FCO has been subjected to great swop of criticism since it was established with many rivalry that little benefit has been make to the financial system under the new regulatory structure.14 Accordingly, significant changes were make to the financial system as a result of the GFC, withal it seems as though further changes are expected to take place since there are increasing concerns about the ways in which financial services organisations (FSOs) are conducting business.15 It cannot be said that FSOs are adequately preserving the interests of its consumers and unless FSOs have effective risk management strategies in place, a lack of consumer security measures will ensue.The FSA 2012 has made great attempts to rectify the difficulties caused by the previous law, yet it stay put options to be seen whether the new regulatory regime goes far enough. Nevertheless, the existing umbrage for misleading statements and practices that is contained under s. 397 of FSMA is being repealed and replaced by three separate offence misleading statements (s. 89) misleading impressions (s. 90) and misleading statements in relation to benchmarks (s. 91).16 This offence is broader than s. 397 and let ins those statements that were made recklessly as well as those made intentionally. This makes it a lot harder for FSOs to mislead consumers and ensures that more effective regulation is in place. The changes that have been made to the BA 2009 include the extended special resolution regime to true UK investment firms, group companies of UK banks and UK unclutter houses. Under the new regime, the PRA will be prudent for promoting the stability of the financial system by regulating all deposit taking institutions.17 The FCA will be responsible for regulating retail, wholesale and financial markets, which increases protection and seeks to procure financial stability overall. shuttingIt is questionable whether the current regulatory regime is sufficient in regulating the banking industry,18 although significant improvements have in fact been made.19 Nevertheless, abandoned the complexity of modern banking, it will remain difficult to regulate this area effectively for the foreseeab le future. Given that the changes are middling recent, it remains to be seen just how effective the FCA is in regulating this industry. Given the importance of having appropriate mechanisms in place to charter with any disruptions to the financial system, the changes that have been made so far are plausibly to be welcomed.20 This is because, the new twin peaks model is intended to strengthen the current approach to financial regulation, whilst also establishing a more resilient and stable financial system.21 It is probably that FSOs will be put under greater pressure to ensure that they are conducting their business in an appropriate manner as tighter controls will be in place. Therefore, whilst it is likely that future changes are still needed, the reforms that were implemented in 2013 have led to increased and sufficient protection to promote financial stability.Data psychoanalysisIn analysing the data, a process will be undertaken which allows each component of the data to be inspected using logical and analytical reasoning. This will allow an assessment to be made as to whether all of the data is effective and reliable. In doing so, the data will be gathered from a transformation of sources and then reviewed and analysed so that an appropriate result can be drawn. The quality of the research will therefore be judged in relation to the resources available and the effectiveness with which those resources have been used to investigate the particular subject field in question.22EthicsWhen undertaking any type of research, there are certain ethical rules of conduct which need to be followed. For example, any data that is collected essential be used in a way that is honest, unbiased, sincere, free from errors or negligence, indeterminate to critique and it must protect mystical communications.23 A risk-analysis approach can be adopted in order to achieve this as well as adhering to the bits per second guidelines.24BibliographyA Hudson., The Law of Fi nance, (Sweet & Maxwell, 2009).C Bates., A Brief Overview of the Financial Services Act 2012 and the young UK Financial Regulation role model (2013) Clifford Chance, 12 June, 2014.C Dawson., Introduction to Research Methods A Practical Guide for Anyone Undertaking a Research Project, (How to Books Ltd, 4th Edition, 2009).C Sergeant., Risk-Based turn up Central to FSAs Regulation (2001) 151 New Law diary 1409, grapple 7001.D Awrey., Complexity, Innovation and the Regulation of Modern Financial Markets (2011) Harvard Business Law, Oxford Legal Studies Research authorship No 49/2011, 08 May, 2014.D B Resnik., What is Ethics in Research and wherefore is it Important? (2011) 11 May, 2014.FSA., Delivering a Reduction of Financial Crime (2011) FSA Annual Report 2011/12, fsa.gov.uk/pubs/yearly/ar11-12/section5.pdf 12 May, 2014.G Nicholson and M Salib., The Regulatory Powers and sentiment of the Bank of England Pre and Post Crisis (2012) diary of internationalistic Banking and F inancial Law, spate 28, recurrence 10.HM Treasury., A New Approach to Financial Regulation Judgement, Focus and Stability (2010), CM 7874, 12 May, 2014.HM Treasury., Creating Stronger and Safer Banks (2014) 12 June, 2014.J Smethurst., Forward the firmness of purpose (2014) Corporate Rescue and Insolvency, Volume 7, burn 1, 18.J Smethurst., Twin Peaks Bridging the Gap. Co-Ordination Under the new Regulatory example (2012) 1 Journal of International Banking and Financial Law 33, Issue 1.KMPG., Evolving Banking Regulation 2014 (2014) 12 May, 2014.KPMG., Twin-Peaks Regulation Key Changes and Challenges (2012) Financial Services, 11 May, 2014.L Taker., Who Regulates the FSA? (2010), 12 May, 2014.M Denscombe., Ground Rules for fond Research Guidelines for Good Practice. (2nd edn. McGraw-Hill International, 2009).M Littlewood and S Frith., The Bank of England should be privatised (2010) Institute of frugal Affairs, 11 May, 2014.N Clark., King calls for radical banking reform in UK (2010) The Independent, 12 May, 2014.R Tomasic., Financial System Reform or Business as Usual? International Banking and Financial Law, Volume 29, Issue 5, 321.S Schich., A Framework for Discussing Bank Regulatory Reform (2013) Journal of Financial Regulation and Compliance, Volume 21, Issue 4, 308-318.