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Wilson, G; Wilson, S (2016)
Publisher: Sweet & Maxwell
Languages: English
Types: Article
Subjects:
This article looks at current interest in banking culture, using the FCA’s controversial decision to shelve its Thematic Review in this sphere to chart how regulators’ interest in culture specifically became fashioned from a more generalised concern about misconduct in the wake of the global financial crisis. In insisting banking culture should remain prominent in UK regulatory approaches, the article introduces research undertaken on Australian regulators’ engagement with culture.
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    • Gary Wilson, Reader in Law, Nottingham Law School, Nottingham Trent University ORCID ID: 0000-0002-4525-5934.
    • Sarah Wilson, Senior Lecturer in Law, York Law School, University of York ORCID ID: 0000-0002-6897-6224.
    • FCA, Business Plan 2015/16 (London: FCA, 2015). Available at: http://www.fca.org.uk/static/channel-page/business-plan/business-plan-2015-16.html [Accessed 12 April 2016].
    • As set out above, illustrated by reference to work from Hall and du Gay (eds), Questions of Cultural Identity (1996); and Williams, Culture and Society: 1780-1950 (2013).
    • T. McDermott, "Personal accountability" (London: FCA, 2 December 2015).
    • McDermott, "Personal accountability" (2 December 2015).
    • 104. Barclays News Release, "Publication of the Independent Review of Business Practices at Barclays" (3 April 2013).
    • 105. See, "Barclays' Salz Review blames bank culture", BBC News, 3 April 2013.
    • 106. S. Slater, "Barclays boss tells staff: adopt new values or leave", Reuters, 17 January 2013.
    • 107. See, "Barclays sacks boss Antony Jenkins in row over strategy", BBC News, 8 July 2015.
    • 108. Bank of England, "Macroprudential Discussion Paper" (2009), p.5.
    • 109. FSA Press Notice, "FSA Board publishes report into the failure of the Royal Bank of Scotland" (12 December 2011).
    • 110. V. Polizatto, "Prudential Regulation and Banking Supervision: Building an Institutional Framework for Banks", Background Paper for the 1989 World Development Report (World Bank, 1989).
    • 111. Polizatto, "Prudential Regulation and Banking Supervision" (1989).
    • 112. Polizatto, "Prudential Regulation and Banking Supervision" (1989).
    • 113. "David Cameron: we will change banking culture", The Telegraph, 29 June 2012.
    • 114. "David Cameron: we will change banking culture", The Telegraph, 29 June 2012.
    • 115. ASIC, ASIC enforcement outcomes: January to June 2015 (Sydney, August 2015), Report 444, p.5.
    • 116. As indicated in evidence from its Chairman and acting CEO before the Treasury Committee in January 2016.
    • 117. For the FCA see its response to FOI4350 (11 January 2016) above fn.9; and for ASIC see ASIC, ASIC enforcement outcomes: January to June 2015 (2015), p.5.
    • 118. ASIC, ASIC enforcement outcomes: January to June 2015 (2015), p.8.
    • 120. ASIC, ASIC enforcement outcomes: January to June 2015 (2015), p.8.
    • 121. With provision for this in the Criminal Code Act 1995.
    • 122. S. Danckhert, "ASIC asks for more powers to pursue corporations over rotten culture", The Sydney Morning Herald, 3 June 2015.
    • 123. Danckhert, "ASIC asks for more powers to pursue corporations over rotten culture", The Sydney Morning Herald, 3 June 2015, referencing Commonwealth Criminal Code s.12.2.
    • 124. Danckhert, "ASIC asks for more powers to pursue corporations over rotten culture", The Sydney Morning Herald, 3 June 2015.
    • 125. J. Eyers, "O'Dwyer backs ASIC on action on bank culture", The Sydney Morning Herald, 21 March 2016.
    • 126. Eyers, "O'Dwyer backs ASIC on action on bank culture", The Sydney Morning Herald, 21 March 2016; and J. Hewett, "Banking Culture is at heart of ASIC suit", Australian Financial Review, 7 March 2016.
    • 127. Eyers, "O'Dwyer backs ASIC on action on bank culture", The Sydney Morning Herald, 21 March 2016.
    • 128. C. Neilan, "MP warns of 'Machiavellian plot' as FCA scraps banking probe", City AM, 31 December 2015.
    • 129. For example, Lloyd's Law Reports: Financial Crime.
    • 130. R. H. Huang, "Institutional structure of financial regulation in China" in R. H. Huang and D. Shoenmaker, Institutional Structure of Financial Regulation: Theories and international experiences (Abingdon:
    • 131. A. Holevas, "Twin Peaks: The envy of the world", Wealth Professional, 22 February 2012, reporting the views of Professor Jennifer Hill, University of Sydney.
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