Financial Services and Markets Act 2000 Definition | Legal Glossary | LexisNexis (2024)

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Financial Services and Markets Act 2000 Definition | Legal Glossary | LexisNexis (1) /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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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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Financial Services and Markets Act 2000 Definition | Legal Glossary | LexisNexis (2024)

FAQs

Financial Services and Markets Act 2000 Definition | Legal Glossary | LexisNexis? ›

What does Financial Services and Markets Act 2000 mean? This is an Act of Parliament which created the Financial Services Authority

Financial Services Authority
The Financial Services Authority was the regulator for the financial services industry, in charge of the regulation of banks, building societies, friendly societies, industrial and provident societies and credit unions and insurance companies, and it was also responsible for the regulation of Lloyd's of London.
https://www.lexisnexis.co.uk › legal › glossary › fsa
as the single statutory regulator of financial services in the United Kingdom.

What is the Financial Services and Market 2000? ›

The FSMA 2000 sets up the overarching framework under which UK financial services are regulated. The objective of the FSMA is to create public confidence in UK financial markets and in financial services businesses operating in the UK.

What is the FCA Act 2000? ›

The Financial Services and Markets Act 2000 (the Act) is the UK legislation under which bodies corporate, partnerships, individuals and unincorporated associations are permitted by the FCA or PRA to carry on various financial activities which are subject to regulation (referred to as regulated activities).

What is the Financial Services and Markets Act 2000 General Prohibition? ›

Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK, or purport to do so, unless that person is authorised or exempt. This is known as the general prohibition.

Who must be Authorised under the Financial Services and Markets Act 2000? ›

A person who is authorised for the purposes of section 31 of the Financial Services and Markets Act 2000 (FSMA). This term refers to: A person who has a Part 4A permission under FSMA to carry on one or more regulated activities. An ICVC (that is, an investment company with variable capital).

What is the meaning of financial markets and services? ›

Financial Markets include any place or system that provides buyers and sellers the means to trade financial instruments, including bonds, equities, the various international currencies, and derivatives. Financial markets facilitate the interaction between those who need capital with those who have capital to invest.

Which of the following bodies did the Financial Services and Markets Act 2000 established? ›

The Financial Services and Markets Act 2000 (c. 8) is an act of the Parliament of the United Kingdom that created the Financial Services Authority (FSA) as a regulator for insurance, investment business and banking, and the Financial Ombudsman Service to resolve disputes as a free alternative to the courts.

What is FCA in legal? ›

Share. Many of the Fraud Section's cases are suits filed under the False Claims Act (FCA), 31 U.S.C. §§ 3729 - 3733, a federal statute originally enacted in 1863 in response to defense contractor fraud during the American Civil War.

What is the legal term FCA? ›

The False Claims Act (“FCA”) initially requires a qui tam whistleblower to establish that a “claim” was made against the government. This determination is often complex, and requires an analysis of the law in the applicable jurisdiction.

What is the FCA regulation? ›

The Financial Conduct Authority (FCA) regulates the financial services industry in the UK. Its role includes protecting consumers, keeping the industry stable, and promoting healthy competition between financial service providers.

What is market financial services? ›

The consumer financial services market is made up of key players including credit card services, mortgage lenders, and personal and student loan services. Some popular consumer finance services include: Amex is a popular payment firm, known for its charge and credit card services. Patrick Sison/AP Photos.

Is FSMA 2000 still in force? ›

Changes to legislation:

Financial Services and Markets Act 2000 is up to date with all changes known to be in force on or before 08 June 2024.

What is money market financial services? ›

The money market is an organized exchange market where participants can lend and borrow short-term, high-quality debt securities with average maturities of one year or less. It enables governments, banks, and other large institutions to sell short-term securities to fund their short-term cash flow needs.

What does a financial services company do? ›

Financial services companies facilitate banking, investing, credit card transactions, loans, and more.

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