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15 January 2016 / Bianca Venkata
Issue: 7682 / Categories: Features , Regulatory
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A change of heart

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Bianca Venkata heralds the coming into force of the new senior management regime

On 7 March 2016 the new senior management regime (the regime) will come into force. The regime introduces three key requirements which aim to hold senior managers to account. On 15 October 2015 HM Treasury announced that it was removing the controversial “reverse burden of proof” from the regime. This is despite the fact that the reverse burden of proof was strongly recommended by the Parliamentary Commission on Banking Standards (PCBS) and supported by the government, Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA).

This article considers three key requirements of the regime and the impact of the removal of the reverse burden of proof.

Background

The financial crisis in 2008 fundamentally changed the perception of the financial sector. The global credit crunch resulted in the near collapse of the banking system. The government invested £37bn to bail out Royal Bank of Scotland, Lloyds TSB, and HBOS. In December 2008, the FTSE 100 closed down by 31.3%, the biggest

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MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
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