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英国将放宽2008年后追究金融城高管不当行为责任的规则UK to relax post-2008 rules that hold City bosses accountable for wrongdoing

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新规定意味着,只有“严重不当行为”以及伦敦金融城员工被给予最终警告或被解雇的案件才需要上报。摄影:加里·约厄尔/盖蒂图片社The new requirements will mean only ‘serious misconduct’ and cases where City staff are given final warnings or fired need to be reported. Photograph: Gary Yeowell/Getty Images

英国正在放宽那些在金融危机后出台的监管规定。这些规定原本旨在追究银行高管的责任。

The UK is watering down rules introduced in the aftermath of the financial crisis that were designed to hold City bosses accountable for wrongdoing. The plans, put forward by the financial industry's two top regulators, the Bank of England and the Financial Conduct Authority (FCA), include a reduction in reporting for "lower-level misconduct" and would also free 140,000 managers from extra checks.

这些改革计划由英国金融行业的两大监管机构——英格兰银行(Bank of England)和金融行为监管局(Financial Conduct Authority, FCA)提出,主要包括减少对“低级别不当行为”的报告要求,并免除14万名管理人员的额外审查义务。

The proposals were announced as regulators hosted a dinner for City executives at the Mansion House in central London.

这些提案是在监管机构为伦敦市中心曼森大厦(Mansion House)内的银行高管们举办晚宴时公布的。其目的是大幅减少需要接受严格审查的管理人员数量;只有最高层管理人员(如首席执行官和首席财务官)才需要在每年任职前证明自己“符合监管要求”。

They are meant to"significantly" reduce the number of roles that will be required to undergo enhanced checks and would require only the most senior executives – such as chief executives and chief financial officers – to be forced to prove they are "fit and proper" each year, and before taking new jobs. This will free about 140,000 staff from having to illustrate they are operating with "integrity" and following regulators' conduct rules.

此举将使约14万名员工免于每年重复提交证明自己行为“正直”且遵守监管规定的文件。这些监管措施是在2008年金融危机引发公众强烈不满后于2010年代中期实施的。

It would be a watering down of measures that came into force in the mid-2010s in response to widespread public anger over the 2008 banking crash. The senior managers regime was meant to address the fact that few bank bosses were held to account for actions that contributed to the ensuing financial crisis.

当初实施这些规定的初衷是为了确保那些对金融危机负有责任的银行高管能够受到应有的惩罚;后来这些规定被扩展到所有金融服务公司(包括资产管理公司和对冲基金)。

While the regime originally covered banks, it was later expanded to cover all financial services companies including asset managers and hedge funds.

这是自政府赋予监管机构新目标(即确保英国企业在全球市场上具有竞争力)以来,针对伦敦金融城(City of London)的监管规定所做出的最新调整。此前,监管机构曾试图限制银行高管的奖金,将其上限设定为员工年薪的两倍。

It is the latest set of City rules to have been scaled back since the government gave regulators a new objective: ensuring UK firms are competitive on the world stage. Those efforts have already helped lift the cap on banker bonuses which were previously limited to two times a banker's salary.

这些新规定还将放宽企业报告员工不当行为的频率要求。也就是说,企业不再需要向监管机构报告那些初次发生的警告行为,或是那些“影响有限”的低级别不当行为(例如员工迟到或漏接电话等)。监管机构只关注“严重不当行为”,以及那些导致员工被最终警告或解雇的情况。所有初次发生的不当行为仍需上报给企业的高层管理人员,包括首席执行官和首席财务官。

The new changes will also lead to the loosening of rules around how often firms report bad behaviour by lower level staff. It means they will no longer have to report first warnings or "lower-level misconduct of limited relevance" to regulator's targets, such as if staff are showing up late or dropping calls. Instead, they only want to hear about "serious misconduct" and cases where staff are given final warnings or fired. Any initial cases of misconduct will still have to be flagged for top brass, including chief executive and chief financial officers.

监管机构表示,取消这些“不必要的负担”将在10年内为企业节省约20亿英镑的成本;同时,每年还能为英格兰银行(Bank of England)节省1150万英镑的监管费用,为英国金融行为监管局(FCA)节省2.29亿英镑的监管费用。

The regulators said removing these "unnecessary burdens" would save businesses about £2bn over 10 years while cutting the Bank of England's and FCA's costs by £11.5m and £229m each year, respectively.

英格兰银行和英国金融行为监管局强调,这并不意味着企业的高管可以逃避对不当行为的责任。他们在联合声明中表示:“个人责任和行为的高标准将保持不变;监管机构将继续确保相关人员对其行为造成的社会影响以及对其雇主造成的损失负责。”

The Bank of England and FCA said that this would not mean bosses would get away with bad behaviour. They said in a joint statement that the "high standards of individual accountability and conduct will remain unchanged, including the regulators' commitment to ensuring that individuals are accountable for misconduct that affects society as well as their employers".

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