Seizing opportunity - challenges and priorities for the FCA

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Seizing opportunity - challenges and priorities for the FCA
Seizing opportunity – challenges and priorities for the FCA | FCA        https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

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         Seizing opportunity – challenges and priorities
         for the FCA
         Speeches          First published: 22/09/2021              Last updated: 24/09/2021

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         Speech by our CEO, Nikhil Rathi, delivered at the Lord Mayor's City Banquet at
         Mansion House.

         Speaker: Nikhil Rathi, CEO
         Event: Lord Mayor's City Banquet, Mansion House, London
         Delivered: 22 September 2021
         Note: this is the speech as drafted and may differ from the delivered version

         Highlights
            • We took extraordinary measures to protect consumers throughout the pandemic. With a stronger

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Seizing opportunity – challenges and priorities for the FCA | FCA   https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

               economic and employment backdrop, we are now coming through those challenges.
            • We are collaborating with international partners to deliver a world without LIBOR, transition to a
               net-zero economy and maintain high regulatory standards.
            • We’re investing to become as much a data regulator as a financial one, working with partners to
               realise a future where compliance checks can be completed in near real time.
            • We call on the financial services sector to partner with us to seize the opportunities presented by
               the profound forces transforming the sector and society.

         I’m pleased to join Sam Woods, who during my first year as FCA CEO, has been a great partner and
         mentor. We have done many virtual events together. At one for the Association of Foreign Banks, all
         the questions were for the PRA but the problem was Sam was having connection difficulties and could
         hear the questions but nobody could hear his responses. So it was left to me to have a go. I had half
         an hour of great fun making up PRA policy on the hoof watching Sam steam up through the screen. I
         know in his speech shortly he is going to correct for the record everything I said that day.

         Another thing I have learnt a year into my term as CEO of the FCA is that an email from our Press
         Team can either make or derail your day. The email I received two weeks ago featuring articles
         picturing our Chairman, Charles Randell, alongside Kim Kardashian, did both. At first I
         wondered whether he had got into a Twitter spat about the last season of ‘Keeping up with the
         Kardashians’, again.

         Then I worried that while we were lucky Nicki Minaj was concentrating her fire on Professor Chris
         Whitty for now, at any moment we could hear from J. Lo on LIBOR, Britney on bitcoin or Justin Bieber
         on MiFID capital requirements.

         In fact, Charles mentioned Kim Kardashian in a speech about cryptocurrencies as she had
         promoted to 250 million followers on Instagram a speculative digital token created a month previously
         by unknown developers. As you will all know, we have warned repeatedly investors in these products
         must be ready to lose all their money.

         Exit from extraordinary measures
         With a stronger economic and employment backdrop, we are now coming through those challenges.

         This time last year, the FCA was dealing with the pandemic and the end of the Brexit
         transition period. With a stronger economic and employment backdrop, we are coming
         through those challenges.

         During the pandemic, up to 5.8 million temporary payment deferrals were granted for credit cards,
         loans and mortgages. Through careful planning and collaboration with consumer groups and industry,
         these have been phased out without acute consumer distress, though we remain vigilant as the

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Seizing opportunity – challenges and priorities for the FCA | FCA   https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

         furlough scheme ends next week.

         In January, the Supreme Court decided our business interruption insurance case, providing important
         clarifications for an estimated 240,000 policyholders. Since then we have seen £1bn of insurance
         payments reach small businesses all over the UK and we appreciate the efforts of insurers involved.

         The turn of the year saw around 1,500 EEA-based firms enter our Temporary Permissions Regime and
         with significant preparation by firms working with us, we saw a smooth transition.

         We are now able to look to future challenges as we transform the FCA.

         And as I set out in July, in the future we will be a regulator that:

            • tests our powers to their limits, to ensure market integrity, which is so key to sustaining
               competitiveness
            • continues to anchor to and shape international standards
            • over time will become as much a data regulator as a financial one

         Let me say a word about each.

         Testing our powers to the limit
         We have often been criticised for acting slowly or with too much risk aversion. This is changing. We
         are applying a bolder risk appetite in dealing with serious misconduct, including, as you will have
         seen, using criminal powers in the most serious cases involving financial crime or money laundering.

         We have often been criticised for acting slowly or with too much risk aversion. This is
         changing.

         We will litigate more if we need to, recognising we won’t win every aspect of every case but also
         appreciating that legal certainty can provide considerable benefits for industry as well.

         We have a good dialogue with Government and will be publishing our third annual perimeter report
         next month, sharing our views on how the regulatory framework might evolve. This meets our
         commitment to Parliament, a key mechanism of our accountability which will only intensify in the
         coming years.

         International leadership
         As we consider far-reaching reform, international standards remain our anchor. We are changing
         listing rules to ensure investor protection but also support new sectors and new forms of capital
         raising – the first reforms came in August, more will follow later this year and next. This will help build
         on what has been a record year in capital raising in UK markets for UK and global companies of all
         sizes, particularly in the technology sector.

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Seizing opportunity – challenges and priorities for the FCA | FCA   https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

         Starting under Andrew Bailey’s leadership, we have cooperated with the Financial Stability Board                      ,
         IOSCO        and other international partners to ensure a global transition to a world without LIBOR:

            • we have worked with partners in the EU and US to align the outcomes of differing legislative
               approaches
            • supported an international SOFR-First initiative
            • and asked UK-regulated market participants considering using so-called 'credit sensitive rates' to
               talk to us first

         We’re bringing the same cooperative approach to our work on the transition to net-zero, so important
         in this year of COP26. In 2019, we established the Climate Financial Risk Forum with the PRA and
         industry. Since then, we’ve:

            • published disclosure rules for premium listed companies and launched consultations on extending
               them
            • set expectations on design, delivery and disclosure of ESG investment funds
            • announced a sustainability TechSprint and Green FinTech challenge

         Our first ESG Director, Sacha Sadan, is taking this work to the next level, working with international
         counterparts as we hope to establish a Sustainability Standards Board under the auspices of the IFRS.

         As we consider far-reaching reform, international standards remain our anchor.

         The Treasury consultation on Wholesale Market Regulation also closes this week. The proposed
         reforms are far-reaching and will mean international firms can have confidence that we will maintain
         an open, global and market-leading approach. The FCA will move quickly to implement agreed
         changes.

         Data and digital ambitions
         This international approach is at the heart of our data and digital ambitions.

         Through the Global Financial Innovation Network            , we re-launched our Testing initiative last October
         for firms testing innovative products or technology cross-border. 23 regulators across 5 continents are
         participating. I’m also pleased that in the last year, new partners at the Reserve Bank of India and
         Australian Prudential Regulation Authority have joined the Network.

         Our regulatory sandbox, in its sixth year and now open all year round, also allows firms to
         experiment. It supported the first authorised investment firms using Distributed Ledger Technology to
         tokenise securities. It supported Digital ID solutions and more than 20 Open Banking tests.

         More than 700 firms have used our Innovate services including the regulatory sandbox, direct support
         and advice unit, with the regulatory sandbox serving as a blueprint for 44 regulators globally.

         And as we accelerate our goal of becoming a data and digital first regulator, this means increasing

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Seizing opportunity – challenges and priorities for the FCA | FCA   https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

         investment in our own capabilities, £120m over 3 years to maximise our move to the cloud. We
         anticipate, particularly as we explore expansion into a new Leeds office, hiring significantly more data
         scientists and data analysts. Regulatory reports are estimated to cost between £1.5bn to £4bn a year,
         with 20,000 rules across 58,000 firms. That’s why we’re working with the Bank of England on the
         Transforming Data Collection Initiative. By standardising data and leveraging new technology at scale,
         regulatory reporting can be delivered faster and at lower cost.

         We will also be regulating more data-heavy businesses, and as demand for data increases, firms may
         be able to use, market or restrict data in ways which create poor user outcomes.

         Our wholesale data Call for Input showed that some market participants believe trading data licensing
         fees are too complex, benchmark switching costs too high and data vendors are subject to high
         barriers to market entry. We’ll be publishing feedback before the end of the year and setting out what
         further steps we may take, considering the full range of our powers.

         Earlier this year, we joined the Digital Regulators Cooperation Forum              or DRCF, a partnership with
         Ofcom, the Information Commissioner’s Office and the Competition and Markets Authority.

         While we have independent powers and objectives, we will achieve them more effectively by deeper
         cooperation and developing common capability, including in artificial intelligence and data ethics. We
         will shortly announce the DRCF’s first CEO.

         The Forum has published its workplan and we intend over time to greatly increase the scope and scale
         of our cooperation. It may surprise you to know the firm that I have met most so far as FCA CEO is
         not a purely financial services firm, but is in fact Google, the main topic of discussion being online
         safety for retail financial services consumers, one of many challenges that requires a joined-up
         approach, including through the DRCF.

         Conclusion
         In fact, there are few challenges which don’t require joined-up approaches. Profound forces – the
         pandemic, Brexit, technological change, the drive to a greener economy, demographic shifts – are
         transforming financial services and society. Each of these forces present their own challenges and
         opportunities.

         Partner with us to seize the opportunities.

         So let me end with a request. Through open, timely dialogue, help us on this journey. Work with us to
         navigate the challenges. Help us ensure the UK remains a magnet for the best talent with a financial
         services industry that leads the way on diversity and inclusion. Partner with us to seize the
         opportunities.

         And to help continue to fuel economic recovery, drive innovation that supports markets, and act as a
         shining beacon of high regulatory standards for financial centres around the world. Thank you.

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Seizing opportunity – challenges and priorities for the FCA | FCA   https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

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Seizing opportunity – challenges and priorities for the FCA | FCA        https://www.fca.org.uk/news/speeches/seizing-opportunity-challenges-pri...

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