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UK Regulator to Prioritize Diversity and Inclusion for the Financial Services Industry

By Chris Chapman, J. Paul Forrester, Mark Uhrynuk & Alexander W. Burdulia on March 22, 2021
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In a speech on March 17, 2021, the CEO of the UK’s Financial Conduct Authority (FCA), Nikhil Rathi, highlighted how the financial services regulator is prioritizing diversity and inclusion (D&I) initiatives in the near term. Speaking at the launch of the HM Treasury Women in Finance Charter Annual Review, Mr. Rathi outlined why D&I is a key consideration for the FCA, noting that:

“We care because diversity reduces conduct risk and those firms that fail to reflect society run the risk of poorly serving diverse communities. And, at that point, diversity and inclusion become regulatory issues.”

Key steps the FCA is now taking on D&I include:

  • Working with the Prudential Regulation Authority (PRA) on a joint approach to D&I for all financial services firms; and
  • Considering whether to make diversity requirements a part of the FCA’s premium listing rules, similar to the approach taken by NASDAQ in the US.

Mr. Rathi also noted that he would like to see a D&I topic introduced to the FCA’s conduct-related guidance, and that D&I could become part of the regulator’s consideration of senior manager applications in the future.

This speech follows a significant amount of work the FCA and the PRA have been doing in recent years in defining how they will take account of culture, diversity and non-financial misconduct in their roles as financial services regulators. Firms are expected to have careful regard to speeches and other publications when considering how to approach regulatory compliance. Coming from the FCA’s new CEO, this speech is likely to be seen as a particularly important statement on D&I and the FCA’s regulatory priorities going forward.

For more on D&I-related issues, we highlight the link between gender equity and ESG more broadly in our recent article, “A Time to Shine — ESG Drives Gender Equity in Leadership”.

Photo of J. Paul Forrester J. Paul Forrester

Paul Forrester is a respected corporate finance and securities lawyer whose practice is especially focused on structured credit, including collateralized loan obligations, energy (including oil and gas, utilities, shipping, refinery and pipeline) financings and project development, and financing (especially concerning renewable energy, industrial…

Paul Forrester is a respected corporate finance and securities lawyer whose practice is especially focused on structured credit, including collateralized loan obligations, energy (including oil and gas, utilities, shipping, refinery and pipeline) financings and project development, and financing (especially concerning renewable energy, industrial, petrochemical, power and transportation projects and infrastructure).

View full profile on MayerBrown.com.

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Photo of Mark Uhrynuk Mark Uhrynuk

Mark Uhrynuk is a partner of Mayer Brown resident in the Hong Kong office. Mark represents assets managers, family offices and other investor groups, corporations, and financial institutions in a variety of transactional matters. His wide-ranging experience includes private equity and venture capital…

Mark Uhrynuk is a partner of Mayer Brown resident in the Hong Kong office. Mark represents assets managers, family offices and other investor groups, corporations, and financial institutions in a variety of transactional matters. His wide-ranging experience includes private equity and venture capital investment and related financings; cross-border mergers, acquisitions, divestitures, joint ventures and strategic alliances; investment fund matters, including the formation of private equity, infrastructure and real estate funds; and international equity and debt capital markets transactions.

Mark is a key contact point for the ESG Initiative within the Mayer Brown network and is a founding member of the Firm’s ESG Steering Committee.  Mark also co-leads the Firm’s Family Office Initiative in the region.  An active thought leader in these fields, Mark has been widely quoted by the leading media and has authored a number of articles and legal updates on these and related topics.

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Photo of Alexander W. Burdulia Alexander W. Burdulia

Alexander W. Burdulia is a Registered Foreign Lawyer in the Corporate & Securities practice in Mayer Brown’s Hong Kong office. He advises asset managers and other investors, corporations and financial institutions in a variety of corporate and commercial matters including private equity and…

Alexander W. Burdulia is a Registered Foreign Lawyer in the Corporate & Securities practice in Mayer Brown’s Hong Kong office. He advises asset managers and other investors, corporations and financial institutions in a variety of corporate and commercial matters including private equity and venture capital investments and financings, investment fund matters and cross-border mergers, acquisitions and joint ventures.

Alex is a key contact point for the ESG Initiative within the Mayer Brown network and a founding member of the Firm’s ESG Steering Committee. He has advised impact investors in investment transactions and is experienced in ESG reporting, policies and governance structures. He was responsible for sustainable finance regulatory and advocacy matters while serving as the Head of APAC Public Policy on secondment at a leading international bank and is both a GRI Certified Sustainability Professional and SASB FSA Credential Holder. Alex is a frequent author on ESG-related topics and co-editor of Mayer Brown’s global ESG blog, www.eyeonesg.com.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Eye on ESG
  • Organization:
    Mayer Brown
  • Article: View Original Source

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