British regulators are introducing a regime to hold senior managers and directors, including certain independent directors, in the financial industry more accountable; and they are proposing new whistleblowing rules.
The UK Prudential Regulation Authority (PRA) published new guidance Monday that sets out how it will hold senior managers in banks, building societies and certain investment firms responsible if they allow regulatory breaches to take place on their watch.
The guidance aims to clarify how the PRA will exercise powers introduced under new legislation enabling regulators to impose sanctions on individual senior managers for firms’ misconduct; and, that legislation also opens up the possibility that they can be held criminally responsible.
At the same time, the PRA and the Financial Conduct Authority (FCA) confirmed that certain independent directors, such as a board chairman, and chairs of risk, audit and compensation committees, will come under the new accountability regime. However, other non-executive directors that don’t have these sorts of responsibilities will not be captured by the regime.
“Senior managers will be held individually accountable if the areas they are responsible for fail to meet our requirements. Our new accountability regime will hold all senior managers, including non-executive directors, to a clear standard of behaviour and we will take action where they fail to meet this,” said Andrew Bailey, deputy governor, prudential regulation, at the Bank of England and CEO of the PRA.
“Our approach is driven by wanting to ensure firms are managed in a way that reflects good governance and promotes the right culture and behaviours,” said Martin Wheatley, CEO of the FCA.
Additionally, the FCA and PRA also published a consultation on proposed whistleblowing rules for banks, building societies, credit unions and insurers. British regulators have rejected the idea of paying whistleblowers for tips that lead to significant recoveries, as currently takes place in the U.S., and is proposed for Ontario. Instead, in the UK, firms would be required to appoint a whistleblowers’ champion to oversee internal whistleblowing arrangements, prepare an annual report to the board on whistleblowing, and report to the regulator where an employment tribunal finds in favour of a whistleblower. Those proposals are out for comment until May 22