UK's Financial Services and Markets Act 2023

The UK's Financial Services and Markets Act 2023 brings reforms to financial regulation, focusing on competitiveness and standards. Key measures: revoking EU law, wholesale market reform, oversight of critical third parties, financial promotion gateway, and safeguarding cash access.

UK's Financial Services and Markets Act 2023
UK Regulatory Reform

UK's Financial Services and Markets Act 2023: Regulatory Framework

Source: Hogan Lovells Keywords regulatory framework financial services

The UK's Financial Services and Markets Act 2023, a notable piece of legislation, presents substantial reforms to the country's financial services regulatory framework. Designed to bolster the UK's competitiveness and uphold stringent regulatory standards, the Act is a significant stride towards a more tailored regulatory regime that focuses on long-term growth and international competitiveness.

Key measures include the establishment of a framework for the revocation of retained EU law (REUL) in relation to financial services, illustrating the UK government's phased approach to transferring REUL to regulatory rules or legislation. Additionally, the Act sets out to reform the legislative framework of the UK's wholesale markets, aiming to remove unnecessary frictions. It also provides a structure for the designation of critical third parties, offering regulatory authorities the power to oversee these critical services.

Furthermore, the Act introduces a regulatory financial promotion "gateway," which firms must pass through before approving financial promotions of unauthorised firms. The legislation also recognises the continued importance of cash, ensuring access to cash withdrawal and deposit facilities are protected. The Act is expected to take several years to fully implement, marking a significant period of transition for the UK's financial services sector.




UK's Financial Services and Markets Act 2023 Impact on the Financial Sector


The UK's Financial Services and Markets Act 2023 is poised to reshape the landscape of the country's financial services sector. This notable piece of legislation encompasses a wide range of reforms aimed at bolstering the UK's competitiveness while upholding stringent regulatory standards. By delving into the various measures and implications of the Act, we can uncover a cohesive picture of its significance.

One of the central pillars of the Act is the establishment of a framework for the revocation of retained EU law (REUL) in relation to financial services. This phased approach reflects the UK government's commitment to transferring REUL into regulatory rules or legislation. While this transition may initially bring about a period of regulatory uncertainty, it ultimately paves the way for a more tailored regulatory regime that better suits the domestic market. Financial institutions operating in the UK will need to adapt swiftly to the new rules and regulations, ensuring compliance while navigating the potential uncertainties that may arise.

The revocation of retained EU law also grants more regulatory power to UK institutions, allowing them to develop flexible and targeted regulatory policies. By having the ability to tailor regulations to the specific needs of the domestic market, financial institutions can foster an environment that promotes competitiveness and innovation. This shift in regulatory power empowers UK authorities to shape the regulatory landscape in a manner that drives long-term growth and international competitiveness.

Within the Act, there is a notable emphasis on reforming the legislative framework of the UK's wholesale markets, aimed at removing unnecessary frictions. By eliminating obstacles such as the Share Trading Obligation and the Double Volume Cap, the Act seeks to enhance market efficiency and liquidity. This, in turn, benefits both financial firms and investors by promoting more competitive pricing and improved market access. The reforms within the wholesale markets demonstrate a commitment to creating a market environment that is conducive to growth and investment.

Another significant aspect of the Act is the introduction of a regulatory financial promotion "gateway" for unauthorised firms. This gateway, overseen by the Financial Conduct Authority (FCA), serves as a quality control measure for financial promotions. Only firms deemed suitable by the FCA will be able to approve these promotions, reducing the risk of misleading or harmful financial marketing. By elevating the quality standards of financial promotions, the Act aims to safeguard consumers' interests and maintain market integrity.

Additionally, the Act recognizes the continued importance of cash within the UK economy. It ensures that access to cash withdrawal and deposit facilities is protected, addressing concerns related to the rise of digital payments. By preserving individuals' and businesses' access to cash services, the Act demonstrates a commitment to consumer protection and acknowledges the significance of cash in society.

While the full implementation of the Act is expected to take several years, financial institutions should proactively prepare for the changes ahead. They should closely monitor regulatory updates and engage with relevant authorities to stay informed about the specific timelines and deadlines associated with each reform. By reviewing and updating internal policies, procedures, and systems, financial institutions can ensure compliance with the new regulatory framework. Comprehensive training programs should be implemented to equip employees with the necessary knowledge and understanding of the Act's provisions.

In summary, the Financial Services and Markets Act 2023 represents a significant milestone for the UK's financial services sector. It introduces reforms that aim to enhance regulatory effectiveness, promote competitiveness, and safeguard consumer interests. Financial institutions operating in the UK must be proactive in adapting to the changes brought about by the Act, leveraging the potential benefits it offers while ensuring compliance with the evolving regulatory landscape. By embracing the reforms and staying ahead of the curve, financial institutions can position themselves for long-term growth and success in the UK's financial services sector.




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UK: Financial Services and Markets Act 2023
Hailed as a landmark piece of legislation and a once in a generation reform to the UK financial services sector, the new Financial Services and Markets Act 2022-2023 which received Royal Assent on 29…




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