Dated: 28 September 2010
The Institute of Directors (IoD) agrees that it is sensible to incorporate macro-prudential regulatory activities and the micro-prudential regulation of systemically important financial institutions within the Bank of England. But the IoD wishes to express its concerns about certain other aspects of the proposed financial regulatory architecture.
These concerns are as follows:
- We do not believe that it makes sense to separate the UK Listing Authority (UKLA) from the regulatory body that will be tasked with the regulation and supervision of wholesale capital markets.
By enforcing disclosure and transparency rules, the UKLA plays a significant role in ensuring that equity markets function in a fair and orderly manner. There is obviously a high level of synergy between this activity and that of regulating business conduct in wholesale financial markets. Consequently, we believe that it would be a mistake to split these two functions (which are currently undertaken within the FSA) between separate regulatory entities.
- We are not persuaded by the logic of combining the regulation of wholesale financial markets and retail financial services within the proposed new Consumer Protection and Markets Authority (CPMA).
Wholesale and retail financial regulation give rise to different types of regulatory challenge and concern, and require a different approach. For this reason, we would encourage the Government to consider placing retail financial regulation in a separate regulatory body which can focus its entire efforts on becoming an effective champion for financial consumers.
- The Financial Reporting Council (FRC) is currently an independent regulatory body with responsibility for promoting high standards of corporate reporting. It also oversees the UK Corporate Governance Code and the UK Stewardship Code. We are satisfied that it is currently making an effective and independent contribution in its existing areas of responsibility. Consequently, until there is greater clarity in the overall financial regulatory structure, we do not advocate any changes to the position of the FRC in the regulatory system.
Commenting Miles Templeman, Director-General of the IoD, said:
“The IoD is broadly supportive of the Government’s proposed changes to the UK financial regulatory architecture. However, we do not think it makes sense to leave the UKLA separate from the body responsible for the regulation and supervision of wholesale capital markets when there are clear synergies to be gained by keeping these two related functions together in the same organisation.
“And while the Government may be wedded to combining consumer market regulation and with wholesale market regulation, we would urge ministers to think again. Wholesale and consumer regulation give rise to different types of regulatory challenge and concern, and require a different approach. They should not be blended into one body.”
