GLOSSARY
/fʌɪˈnanʃ(ə)l/ ˈsəːvɪs//ənd//ˈmɑːkɪt//akt//tuː//ˈθaʊz(ə)nd/
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What does Financial Services and Markets Act 2000 mean?
The Financial Services and Markets Act 2000 (FSMA) is a key part of the UK's legislative framework for financial services regulation. FSMA and related secondary legislation define the 'regulatory perimeter', setting out the activities and entities that fall within the scope of UK financial services regulation.
FSMA created the Financial Services Authority (FSA) as a regulator for insurance, investment business and banking. From 1 April 2013, the FSA became the FCA regulating firm’s conduct and the Prudential Regulation Authority (PRA) with responsibility to ensure banks maintain financial stability. FSMA also created the Financial Ombudsman Service to resolve disputes as a free alternative to the courts.
Financial Services
This is an Act of Parliament which created the Financial Services Authority as the single statutory regulator of financial services in the United Kingdom.
The Act regulates insurance business, investment services and banking in the United Kingdom and sets out the requirement that anyone carrying on such activities in the UK must either be authorised by the FSA or be exempt from authorisation.
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Can a credit agreement be declared unenforceable as a result of irresponsible lending practices by the lender?
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The business of effecting or carrying out contracts of insurance is subject to prior authorisation under the Financial Services and Markets Act 2000. There are some limited exemptions to this requirement, for example breakdown insurance which is covered by Article 12 of the Regulated Activities Order. (Q1) Whilst the provider of 'breakdown cover/insurance' could operate under an exemption from carrying out and effecting a contract of insurance (Article 12), would the product ('breakdown cover/insurance') be classified as an insurance product? If so, should the terms and conditions of the ''breakdown cover/insurance' contain FOS rights against the provider, FSCS details? (Q2) If the product is considered to be insurance, will an agent distributing this 'breakdown cover or insurance' be conducting insurance mediation activity and therefore should be appropriately authorised, or make use of the Art 12 exemption?
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