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FSMA Financial Services Act

United Kingdom

United Kingdom

2000

Consumer Protection

Overview

The Financial Services and Markets Act 2000 (FSMA) is the cornerstone of financial regulation in the United Kingdom. It establishes the legal framework for authorizing, supervising, and enforcing standards for banks, insurers, investment firms, fintechs, and other financial service providers. FSMA empowers the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) with regulatory oversight.
FSMA has evolved through various amendments, including major updates under the Financial Services Act 2021 and post-Brexit regulatory reforms. It governs conduct of business, prudential requirements, market integrity, and consumer protection.

Key Obligations

  • Obtain appropriate authorization from the FCA or PRA before carrying out regulated activities
  • Comply with conduct of business rules to treat customers fairly
  • Maintain adequate financial resources and risk controls
  • Ensure transparency in marketing, promotions, and disclosures
  • Report breaches, suspicious activity, and relevant financial information to regulators
  • Uphold standards of integrity, competence, and accountability

FAQ

Who does FSMA apply to?

FSMA applies to financial institutions, insurance providers, investment firms, fintech companies, and any entity conducting regulated financial activities in the UK.

What is the role of the FCA and PRA under FSMA?

The FCA oversees conduct and consumer protection, while the PRA focuses on prudential regulation for systemically important firms.

Do firms need authorization under FSMA?

Yes. Firms must be authorized by the FCA or PRA to legally carry out regulated activities under the Act.

How does FSMA interact with newer regulations like the Consumer Duty?

FSMA provides the foundational authority, while regulations like the Consumer Duty are implemented under its framework to further strengthen customer outcomes.