Butterworths Financial Regulation Service – updated commentary on CONC and BCOBS, and new commentary on BCOBS 4 and 5, published

Issue 115 of Butterworths Financial Regulation Service has now been published. I’ve written new chapters on BCOBS 4 and BCOBS 5. I’ve also reviewed and revised the existing chapters in BCOBS and in CONC. The commentary is up to date to December 2020.

The changes include:

– revising the commentary in CONC to reflect latest COVID-19 guidance from the FCA;

– updating the commentary in CONC to consider the changes to commission disclosure, including analysing the meaning of the ‘nature’ of commission; and

– considering the changes to both CONC and BCOBS as a result of Brexit.

Butterworths Financial Regulation Service – updated commentary on CONC and MCOB, and new commentary on BCOBS, published

Issue 113 of Butterworths Financial Regulation Service has now been published. I’ve written a new chapter on CONC 8, and reviewed and revised the existing chapters on CONC (including adding the latest COVID-19 guidance published by the Financial Conduct Authority).

I’ve also written new chapters on MCOB 2A, 3B, 4A and 6A, and reviewed and revised the existing chapters on MCOB.

I’m also delighted to have published brand new commentary on BCOBS. There will be additional new chapters over coming issues but this issue has:

– an introductory chapter on BCOBS; and

– commentary on BCOBS 1, 2, 2A and 3.

Butterworths Financial Regulation Service – updated commentary on CONC, and new commentary on MCOB, published

Issue 112 of Butterworths Financial Regulation Service has now been published. I’ve written a new chapter on CONC 6, and reviewed and revised the existing chapters on CONC (including adding the latest COVID-19 guidance published by the Financial Conduct Authority).

I’m also delighted to have published brand new commentary on MCOB. There will be further new chapters over the coming issues but this issue has:

– an introductory chapter setting the scene on mortgage regulation;

– commentary on MCOB 1, 10, 10A, 12 and 13.

Butterworths Financial Regulation Service – new and updated commentary on CONC published

Issue 111 of Butterworths Financial Regulation Service has now been published.  I’ve reviewed and revised the introductory chapter on CONC and the chapters on CONC 1 to 4, 5A to 5D and 9. I’ve also written new material including:

– a new chapter on CONC 7 (including looking at the impact of the FCA’s COVID-19 related temporary measures); and

– a new chapter on CONC 11 (dealing with cancellation of certain agreements)

The commentary on Division 4H is now up to date to April 2020.

Butterworths Financial Regulation Service – updated commentary on CONC published

Issue 109 of Butterworths Financial Regulation Service has now been published. This includes updated material in chapters 1 to 5 (dealing with CONC 1 to CONC 4) written by Russell Kelsall.

Issue 109 includes new commentary on:

– the FLA’s proposals for reform of consumer credit;

– the Money Advice Trust’s new Debt & Mental Health Evidence Form;

– recent and forthcoming changes to CONC 3 (including on ‘buy now, pay later’ promotions); and

– some extra commentary on CONC 4.

Butterworths Financial Regulation Service – updated commentary on CONC published

Issue 108 of Butterworths Financial Regulation Service has now been published. This includes updated material, and new chapters, in chapters 5, 6A to 6D, 10, 11, 13 and 16 (dealing with CONC 4, 5A, 5B, 5C, 5D, 9, 10, 12 and 15) written by Russell Kelsall.

In addition to reviewing the existing commentary on CONC 4 (including the FCA’s consultation paper, CP 19/28, on commissions), Issue 108 includes new commentary on:

– high-cost short-term credit (in CONC 5A);

– rent-to-own (in CONC 5B);

– overdrafts (in CONC 5C and 5D);

– prudential rules for debt management firms (in CONC 10);

– agreements secured on land (in CONC 15).

Butterworths Financial Regulation Service – updated commentary on CONC published

Issue 107 of Butterworths Financial Regulation Service has now been published. This includes updated material in chapters 1 to 4, 14 and 15 (dealing with CONC 1, 2, 3, 13 and 14) written by Russell Kelsall.

In addition to reviewing the existing commentary, Issue 107 includes new commentary on:

– the FCA’s review of the retained provisions;

– CONC 2.11 (which was introduced on 1 October 2018 and deals with renumeration and performance management policies, procedures and practices);

– the Advertising Standards Authority’s recent increased interest in financial promotions for credit;

– the FCA’s views on the meaning of “enforcement” and the High Court’s decision in McGuffick v Royal Bank of Scotland plc [2009] EWHC 2386 (Comm).

We plan to review the remaining commentary, and publish new commentary, in Issue 108.