NEWS, Articles & publications
KIRSTY LAND JOINS TEMPLE CONSULTING
We are pleased to announce that Kirsty Land, ACA, has joined Temple Consulting. Kirsty has more than 30 years’ experience in financial services, which began at KPMG. She has spent many years as Head of Risk and Compliance for international banks in the UK and in Crown Dependencies, at RBS and most recently at Conister Bank. She has been registered and approved by regulators in the Isle of Man (the FSA) and in the UK (the FCA and PRA). Kirsty brings with her unparalleled experience in financial, audit, risk and regulatory management. We very much look forward to working with Kirsty to grow our offshore portfolio of instructions.
22nd October 2024
HOLLY THORNTON JOINS TEMPLE CONSULTING
We are pleased to announce that Holly Thornton has joined Temple Consulting. Holly read law at St Mary’s University. Before joining Temple Consulting, Holly was an Associate in the Structured Finance division, based in the UK, of a third country bank headquartered in the Isle of Man. She occupied that role both during the bank’s application to the FCA and PRA for deposit taking permission and subsequently in the bank’s mobilisation phase. Prior to that, Holly was a Credit Associate at BNP Paribas Leasing Solutions UK where she was responsible for the financial evaluation and analysis of new business proposals. She is experienced in payment and credit services particularly in relation to payments infrastructure, AML/CFT and management information relevant to credit. We very much look forward to working with Holly to grow our core services.
11th October 2024
REGULATING FINANCIAL INNOVATION: STARTING FROM SCRATCH
The UK is a major financial market. To retain that position in future, it must be able to accommodate and regulate innovation. That means not being fettered by imperfect analogies with existing law. It must, in other words, be capable of going back to basics when necessary. There are two ways of approaching this.
In one approach, a comprehensive set of rules is set up and applied by a statutory body. Examples of this are the EU’s 2004 Markets in Financial Instruments Directive (MiFID), and the cryptoassets directive (MiCA) currently being implemented. Another approach follows….
By Dr. Julian Roberts, (February 2024) Butterworths Journal of International Banking and Financial Law
ANTHONY DEARING OBTAINS FCA/PRA SECTION 59 APPROVAL
We are delighted that our Managing Director, Anthony Dearing, has obtained FCA and PRA FSMA s.59 approval to perform SMF16 (Compliance Oversight) and SMF17 (MLRO) FCA-designated senior management functions.
13th October 2023
CONISTER BANK OBTAINS PRA AUTHORISATION
We are delighted that our client, Conister Bank Limited, has obtained PRA authorisation to accept deposits through its UK branch office in Hampshire. This is a significant step for the bank, one of the longest established on the Isle of Man, in its plans to grow its lending business. It has been a pleasure to work with the bank on this complex project. The success of the bank’s application, in a little over two years from its decision to expand in the UK, is no small measure because of its highly experienced and dedicated Board, senior management team and certification employees with who it has been and continues to be a privilege to work. With its customer-focussed approach we have no doubt that the bank will enjoy continued success in the UK. We wish it and its dedicated staff well for the future.
12th October 2023
Transitional Capital Regime for non-systemic UK banks and building societies (firms)
In response to the GFC, the Basel Committee introduced reforms to the Basel standards known as the 'Basel III standards'. They are intended to address shortcomings identified in the calculation of risk-weighted assets (RWAs) and capital ratios, defined as the ratio of capital held by firms to RWAs. The Committee identified the following 3 factors key to mitigating the severity of subsequent financial crises: 1. raising the quantity of capital in the financial system, per unit of risk; 2. increasing the quality of capital held by firms; and 3. improving the accuracy of risk measurement by firms. Most of the Basel III standards have already been….
8th January 2023
FTX: Regulation cannot prevent Fraud
In our view, FTX's collapse does not justify the Biden-Harris Administration's call for greater regulation of VAPs. Instead, it justifies a review of the effectiveness of corporate governance rules and systems and controls to which VAPs, and institutional VA investors are subject. FTX's failure appears to flow from a combination of an absence at FTX of corporate governance and investors' failure, perhaps through FOMO, to undertake effective due diligence, rather than from a gap in, or failure of the regulation of VAPs. According to a report issued….
24th November 2022
Base metal traders betting on the courts to enforce their agreed trades in a disorderly market
While recognised investment exchanges sometimes halt trading or very occasionally cancel transactions, for example as a non-regulatory circuit breaker, or when trades, known as “fat finger” trades, are placed in error, it is very rare for them to suspend trading for days, or to cancel entire trading sessions. Yet, that is what happened earlier this year at the London Metal Exchange (LME). This article considers US activist hedge fund Elliott Management’s challenge of the LME’s decision to cancel trades.…
By Anthony Dearing (October 2022) Butterworths Journal of International Banking and Financial Law
ETFs: could crisis be looming?
Exchange traded funds, or ETFs, are one of the most successful financial innovations in the modern era; of similar vintage and, arguably, significance to mortgage-backed securities, but to date thankfully not (yet) as controversial. This article looks at their key features, contextualises their inexorable rise by reference to some performance figures and, by reference to two examples of their higher risk synthetic variants, leveraged and inverse ETFs, highlights both the potential systemic risks they pose to the stability of global financial markets and regulators’ preparedness to address those risks.…
By Anthony Dearing (December 2021) Butterworths Journal of International Banking and Financial Law