The Financial Services Authority (FSA) is proposing to change the way it shares surplus proceeds from enforcement fines so innocent firms in heavily-levied fee blocks reap more.
Currently, the FSA distributes surpluses to the fee-blocks paying the enforcement costs of the cases, then divides any remaining across all FSMA fee-blocks in proportion to their contributions to the FSA's annual funding requirement (AFR). The allocated AFR costs of enforcement for a fee-block are dependent on the enforcement activity expected to be undertaken for that fee-block. An FSA internal review found the AFR-based method is potentially unfair as it means firms who are not the subject of any enforcement investigation, but who are in a fee-block that pays higher enforcement cost...
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