Edited by Barry Rider
Chapter 24: Compliance – the risks and obligations
This chapter is concerned with law and regulation in the United Kingdom that is directed at financial services businesses for the purpose of countering financial crime. (For convenience in this chapter a financial services business will be referred to as a ‘firm’). In many respects such law and regulation creates obligations not to engage in predicate offences and is supported by the prospect of either prosecution or administrative regulatory action for those firms that do. It can be identified, however, that certain offences operate within a framework of law and regulation which additionally imposes upon a firm an obligation to establish and operate systems of control, for the purpose of limiting the extent to which it might engage in or be used for the offence in question. Moreover, such regulation is often supported by an enforcement outcome where a firm fails to meet the internal control requirements. This chapter will thus examine both criminal law and administrative law compliance enforcement. Financial Services regulation can be described as giving rise to a regime for ‘compliance’, where non-compliance may be seen as a risk to a firm’s lawful obligations. This chapter will however illustrate that compliance risk is more dynamic and complex than a simple binary question of compliance versus non-compliance.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.