Category Archives: Enforcement

SMCR Reasonable Steps – Step by Step

SMCR Reasonable Steps – step by step

The Duty of Responsibility

Every Senior Manager has a Duty of Responsibility under the Financial Services and Markets Act 2000, which means that if a firm breaches one of the FCA’s many requirements, the Senior Manager responsible for that area could very well be held accountable if they failed to take reasonable steps to prevent or stop the breach. The Duty of Responsibility is designed to enshrine the move to individual accountability. But how?

Regulatory action

The Duty of Responsibility permits the FCA to take enforcement action against a Senior Manager Function (SMF) where it can demonstrate that:
  • misconduct occurred within the Senior Manager’s firm
  • at the time of the misconduct (or during any part of it), the Senior Manager was responsible for the management of any of the firm’s activities in relation to which the misconduct occurred
  • the Senior Manager did not take reasonable steps to avoid the misconduct occurring or continuing.
Where the FCA wishes to take enforcement action against a SMF, the burden of proof in respect of each of these elements rests with the FCA. Regulatory action can range from suspensions to monetary penalties depending on the severity of the breach. In certain circumstances the FCA will take action against both the relevant SMF/s and the firm itself.
For detailed review; the FCA explained in its July 2018 policy statement Final Guidance: the Duty of Responsibility for insurers and FCA solo-regulated firms (https://www.fca.org.uk/publication/policy/ps18-16.pdf), the guidance at 6.2.9-E of DEPP (the Decision Procedure and Penalties Manual) provides a lengthy and expressly non-exhaustive list of considerations that the FCA will take into account in assessing whether a SMF’s actions were reasonable in all the circumstances.
Demonstrating reasonable steps as a Senior Manager
Despite the apparent breadth of reasonable steps and the multitude of decisions that could be taken, a Senior Manager’s initial consideration should be proportionality. A Senior Manager in a relatively small financial services firm will not be able to, and arguably will not be expected to, take certain actions by virtue of the resources available to them. A Senior Manager should therefore take stock of the resources, capacity and capabilities at hand as soon as possible to assist them in understanding the confines within which they are working.
Following this assessment a Senior Manager can then begin to take steps, where needed, that are not only reasonable but appropriate and proportional to the area of the business for which they hold responsibility. A Senior Manager may wish to consider, depending on specific circumstances, taking some of the following measures:
  • For incoming Senior Managers, reading the outgoing Senior Manager’s handover note can be a quick way of getting an early impression of the challenges and potential issues pertinent to the business area.
  • Effectively challenging and scrutinising key decisions made by the Senior Manager’s team will help to show that the business area is not run unthinkingly. Offering a considered opinion on matters is an important step in showing that the decision-making process has been thoroughly thought through.
  • The plethora of Management Information (MI) can be unhelpful, but understanding which parts are relevant to the business area and prioritising them can be an effective way of capturing potential issues before they crystallise into something far worse. SMFs should be proactively reviewing relevant MI to help inform decision-making.
  • SMCR and the concept of individual accountability does not negate or diminish the need to delegate but equally, it does not absolve any SMF when the delegated task creates issues or control weaknesses. Where delegation is used, the SMF should maintain oversight of the task(s). This can include periodically set meetings, daily updates, logs or reports. Any delegation should be done in a clear manner so that there is no ambiguity as to which members of the team hold certain actions, tasks and deliverables and where the reporting lines exist.
  • Visibility of other business areas, which the SMF may not necessarily be responsible for, can be a useful way of understanding pertinent risks to the business as a whole. Working in a collaborative manner with other departments and SMFs can help identify issues (before they escalate) and potential solutions. A second pair of eyes can offer an objective view on matters and assist in deciding what further steps should be taken.
  • Independent assessment and appraisal can “benchmark” the status of the firm from a governance, risk and compliance perpective, don’t rely on retained services to do this automatically: often a fresh view can pay dividends.
  • A SMF should be prepared to escalate issues to other business areas, the relevant governance committees and, if the severity of the issue warrants, to board level.
  • All SMFs should be proactive in managing and escalating any resource and capability issues within their business area. If the lack of employees or gaps in knowledge is hindering their ability to effectively manage and mitigate risk, this will often prevent the SMF from taking reasonable steps.

If you need to create, review or execute your Governance. Risk or Compliance strategy, call us today on 0207 097 1434 or email info@complianceconsultant.org.

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This guide is only an aide memoire and intended for information only for anyone appraising the documentation needed in an audit/compliance check. It is not to be considered as direct advice or intended to replace specific 1 to 1 engagement with your compliance and risk professional.

SMCR Regulatory Reasonable Steps Guide

Reasonable Steps – What Are They?

What are reasonable steps?

The introduction of the SMCR statutory duty of responsibility (SDR) places the onus on Senior Managers to take “reasonable steps” to prevent regulatory breaches from occurring or continuing to occur, and the new Senior Manager Conduct Rules require Senior Managers to take reasonable steps to effectively control their area of the business, to delegate appropriately and to comply with regulatory requirements.

The new SDR supersedes the original ‘presumption of responsibility’ which would have reversed the burden of proof, requiring Senior Manager Functions (SMFs)to prove that the steps they took were reasonable. The same tough underlying obligation will remain on the individual to ensure that they take reasonable steps, and the key is to have these recorded correctly, but the burden is now on the regulators to prove that a Senior Manager has failed to do so.
Of course, the term ‘reasonable’ is generic, subjective and relative, the guidance provided by regulators during the SMR consultation period did go some way towards demonstrating what is expected. SMFs are potentially taking ‘reasonable steps’ every working day but do not necessarily think of their actions in these terms. Making decisions on resourcing allocation, assessing the competence of staff, reading and responding to management reports could and should all be considered examples of reasonable steps if they are done appropriately. Whilst the PRA and FCA will be the final arbiter of what is ‘appropriate’ or ‘reasonable’ they have provided some guidance as to how they will approach this evaluation.
Regulatory expectations of reasonable steps
In the case of a regulatory breach the regulators have indicated they will assess the steps that the specific Senior Manager actually took, against such steps as the regulators consider that a Senior Manager in that position could reasonably have been expected to take to avoid the contravention occurring or continuing to occur.
So how does an SMF evidence the steps taken to ensure that they made and acted on decisions that were reasonable?
The following is a non-exhaustive set of considerations that may help SMFs evidence their reasonable steps on an on-going basis, building up a complete picture of who, what, where, when and how.
Minutes from Board and Board Committees
  • Do formal meeting minutes accurately record the level and persons involved in pertinent discussion, debate and relevant challenge provided by SMFs around key issues?
  • Do SMFs have the opportunity to review and amend draft minutes before they are finalised?
  • Do SMFs evidence embeddedness of any changes? How?
Meetings and standing agendas
  • Do SMFs ensure meeting invites are diarised to evidence frequency and scope of meetings?
  • Do SMFs agree high-level standing agendas for regular meetings to help demonstrate that they received regular updates on key topics (e.g. risks, issues, resource, financial position etc.)?
Statements of Responsibilities and Management Responsibilities Maps
  • Do they accurately reflect the actual responsibilities of Senior Managers and any inter-relationship between those responsibilities and the responsibilities of other SMFs in the firm?
  • Do SMFs proactively inform the document owner when their responsibilities change?
Organisation charts
  • Does the firm have a robust and accurate reporting structure that is understood and can be clearly articulated by SMFs?
  • If the firm has matrix reporting lines, is it clearly defined who is reporting to whom and for what?
Handover Material – Not Applicable to Core or Limited Firms – but a consideration
  • Does the firm have a standard approach to recording the handover between outgoing and incoming SMFs?
  • Are these records practical and helpful, including an assessment of what issues should be prioritised? Do they include judgement and opinion, not just facts and figures?
Management Information (MI) and Reports
  • Is the firm’s MI and reporting concise, accurate, timely, forward-looking and prioritised on a risk basis? Where it is not, is this effectively and routinely challenged by SMFs?
  • Do SMFs receive regular reports for their area of responsibility demonstrating how issues and risks are escalated and managed, and providing insights into the information available at a point in time?
  • Are staff management meetings, including action plans, remedial plans or development strategy created for each meeting?
  • Are these reports stored/archived and can they be easily retrieved if required?
CVs, Role Profile and Job Description
  • Do CV/role profiles accurately demonstrate the expertise and competence the SMF had, or ought to have possessed, in order to effectively and efficiently perform their specific function?
  • If SMFs delegate functions, are these captured in a way that allows appropriate oversight and monitoring?
  • Do role profiles of delegates support the SMFs decision to delegate to that individual (e.g. skills, seniority, capacity etc.)?
Email 
• Where issues are being dealt with immediately and important decisions are being agreed verbally, do SMFs follow up important discussions and decisions with an email to the relevant people so that is clear to all parties what was agreed and the next steps, including time expectations for reporting?
Departmental action logs
  • Do SMFs record actions agreed in team meetings to evidence what was discussed and agreed?
  • Can SMFs evidence that actions were assigned to appropriate owners and with consideration of other demands on the team’s time?
  • Is there a clear record of following up on actions and ensuring they are closed out in good time?
  • Do SMFs evidence embeddedness of any departmental changes?

If you need assistance in embedding your SMCR, contact us on

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      Rocket Science? Not really!

      remedial compliance sales process smcr ifa kyc questions

      Having conducted some remedial work with an IFA practice, it still amazes me to find the level of confusion that seems to abound about the simplest of processes.

      Quite simply put, if you are in sales, there is no way you should recommend anything to your client’s unless you can prefix it with “… because you said X and Y and Z, I recommend ABC …

      Once that is introduced into the mix, then the recording of the client’s thoughts, feelings, beliefs, understanding and ultimately their needs, will be recorded clearly on the fact find or Know Your Customer documentation.
      As specialist compliance consultants, we often see a scantily completed fact find, with hard facts and many blank spaces, accompanied with a verbose (usually overladen with hard facts) suitability report that suddenly states “you said you wanted ….” or “you said this was important to you“. Where none of this was previously recorded.
      To any third party, it could appear that these statements were manufactured to make the product fit, although I am sure that is not the case for most advisers.
      The difficulty seems to be in the understanding that whoever asks the questions may well be in control, but you need to do the work beforehand to know what questions you will ask.
      Then the Questions => Discussions => Relationships => Opportunities => Recommendations => Sales. It honestly isn’t rocket science and recording what the client said and then replaying the key parts in a suitability report will not only be more professional, but serve to defend any future complaint. There is no point in having all the information in your head if you get run over by a bus or have to retire due to ill health.

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      How to Combat Diabetes With Technology

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      Discovering that you have to live with a condition such as diabetes for the rest of your life can be tough to accept. Living with a chronic condition like diabetes can be cumbersome, especially if it requires constant monitoring and care. While technology has not advanced as much to cure diabetes entirely, it has advanced to produce medical devices that can reduce your day to day stress to a great extent.

      One of the largest sources of stress among people living with diabetes can be insulin delivery. With multiple injections, puncturing your skin multiple times a day can be traumatic and frustrating and calculating dosages can be time consuming and confusing. However, in recent years, there have been tremendous breakthroughs in insulin injection devices and insulin delivery systems that can help reduce the hardships of insulin delivery. Devices such as injection ports and insulin pens and syringes with smaller needles help ease the pain and anxiety of taking insulin injections; while insulin pumps help the user to accurately calculate doses and deliver insulin by infusion set. These advances have helped those living with diabetes complain more with the insulin delivery. Additionally, tracking blood sugar and carbohydrates levels can be difficult to juggle with any schedule, but is crucial to effective care. To aid in this, various glucose meters and carb sensors have been introduced to the market that make testing quick, painless and easy to incorporate in your daily schedule.

      To help you further manage your diabetes, there are various websites that offer tracking software.These sites let you enter details such as daily glucose readings, diet, and exercise, and produce the data in charts allowing you to view your daily activities over a period of time. With the help of these reports, you can gain a better understanding as to what affects your glucose / carb levels and make adjustments when necessary. Printing these reports for your doctor visits can be a helpful resource to help them understand your diabetes management and the variables that might be affecting your levels in a more comprehensive way.

      Technological advances can also be used to maintain a healthy weight level for those with diabetes. Recently introduced to the market, the Wii fit is a great way to get the proper amount of exercise you need on a daily basis. While the Wii fit was made for various types of people to use, it has many applications that can directly help those with diabetes. For instance, each person can create a personal profile where height and age are entered, and the Wii fit will automatically calculate weight and body mass index. A profile on the Wii fit charts daily progress based on your own personal weight goals, and many times, when you can see your progress charted out, it's an incentive to keep working and losing weight.

      Complete Assistance in the preparation for the implementation of the SMR/CR can be obtained from us at Complaince Consultant Where we have experience in the banking sector from 2015/2016.

      Source by Catherine Albertson

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      Ideas to Add Some Fun to Your Fitness Program

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      Finding fun fitness ideas is such a wide open proposition because there are so different ways to engage in exercise related activities which produce results and to have fun at the same time. Exercising does not have to be boring and unexciting as there are many ways to get your body moving where you can gain the benefits of exercise and have fun doing it. Here are a sample of suggestions:

      o Do it with a Friend
      o Switch up your Activities
      o Get the Whole Family Involved

      Do it with a Friend

      Nothing can add a needed dynamic to a fitness regime then a workout partner. If you are use to doing your fitness routine alone get a friend involved and you can add a level of fun to your workouts not experienced before. A workout partner can offer encouragement and reinforcement only possible when you have someone there during your training. You can also help them by encouraging them to set goals, stay committed and enjoy your time together. When you go through those tough times and motivation is low a workout partner can be a lifesaver that provides the necessary motivation to continue with the workout. Maybe you can add some sound advice for your partner also by providing motivation when it is needed most. Sometimes working out with a partner adds the right atmosphere to push your routine to the next level of accomplishment and have someone there to share your achievement. Working out with a partner offers a level of camaraderie not available when you train alone.

      Switch up your Activities

      It really does not matter what activity is performed during a fitness program as long as the activity is able to produce the desired results. There's a host of methods available to achieve many fitness goals. There are so many varied programs available today that everyone is bound to find some aspect that is appealing to them and will lead to improving their fitness level, and these activities are fun too! Try some of these ideas if you are looking to add an element of fun and variety to your fitness program.

      Hiking: with the many parks and preserves located around the country today hiking at any level is a very enjoyable fitness activity. If you add the element of photography or bird watching to the routine it may not seem like exercise at all. With the graduated hikes and cliffs hiking can offer a challenge for anyone at any fitness level.

      Walking: There's a lot of very beautiful parks and scenery where walkers are enjoying an environment which hard looks like exercise. The visual stimulation and fresh air provide many health benefits for the participant. If you can find a partner or two to join you on regular walks you can add friendly conversation while you walk as well.

      Bicycling: The amount of leg and cardio-vascular exercise offered from bicycling is fundamental for anyone looking to improve their fitness in these areas. When you add the excitation of the open road and the scenery to be enjoyed the hours will pass and you will not even realize how much work you have put into exercising.

      Jump Ropping: This activity has been around for a long time and is very popular because of the fun and challenge it presents. It is a great cardio exercise and can be fun just to see how many new tricks you can perform with the jump routes. Weighted routes are available also and counter which can tell you how many times you have completed successful rotations.

      Dodge-ball: Popular with all ages this activity is great for agility and flexibility. It requires a large range of motion and involves all the senses when performing. The number of people involved in the game allows for much stimulating interaction and makes the activity fun for all.

      Of course this is only a partial list of the possible fun fitness related activities that are possible. Exercising does not have to be boring and by using a number of modes to get your body moving you can gain the benefits of exercise and have fun at the same time.

      Get the Whole Family Involved

      You may consider setting up a home gym and getting the whole family involved in a circuit course training rule. Many home gyms are suitable for constructing a customized training routine or you can choose from a number of pre-designed routines. Either way you can get the whole family involved by setting individual fitness goals and working together to achieve them. A progress chart can be created which is posted on the wall and updated after each workout. You can include stars for achievements and even award special privileges for consistent work and results.

      Many different kinds of equipment are available for purchase which also can make exercising more fun. Here are a few:

      Heavy Hoops: These pieces of equipment are simply weighed hula hoops. This type of activity can be a great deal of fun especially in the beginning when you are first learning the proper technique to keep the hoop in motion. It offers both a challenge and exercise at the same time with progressive weights for improvement.

      Medicine Balls: Going back to a time when exercise was less sophisticated the medicine ball was used to develop upper body strength and improve overall health conditions. The balls come in sizes which vary also in weight. There are many different techniques that can be used for tossing the medicine balls which can potentially provide a workout which improves strength, flexibility and coordination.

      Pogo-Sticks: This exercise apparatus is thought of by most to be a toy but until you actually try and use one you will soon find it takes a lot of work. The benefits from using a pogo-stick include leg strength, coordination and balance. The upper body is also used when trying to master this simple but yet effective exercise tool. This piece of equipment will provide you with many hours of fitness fun when you combine it with the company of others.

      Whatever activities you decide to use to meet your fitness goals always be on the lookout for more fun filled and exciting ways to add the element of fun to your workouts. Nothing frees up the energy reserves more then fun can.

      Complete Assistance in the preparation for the implementation of the SMR/CR can be obtained from us at Complaince Consultant Where we have experience in the banking sector from 2015/2016.

      Source by Richard Spillane

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      Corporate Mission Statements

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      Mission statements have become a very common business tool with more than 50% of the companies in USA and UK having some form of mission statement. It has been realized that there is a need to clarify to the employees the purpose and philosophy of the company. The recognition of the importance of organization culture has created the interest in the purpose of setting up a kind of a message, highlighting the company purpose and management philosophy. It has realized, that the middle management is always becoming more and more demanding of their organization, and regularly asking for clarifications of direction of purpose and values, and the "inner identity" of the corporate.

      As a result, the corporate, in searching for the right tool to help them manage, has come with mission statements, where it has tried to put forth the company's identity, its purpose, and a philosophy, for a better management of the organization. But, regardless of the attention being given to mission statements, there is little understanding as to what such a statement should include, and what role it has to play in the management of the company's identity or culture. These facts have been gathered after extensive research, involving interviews with managers, and studying in-numerable mission statements from all over the world.

      There is a need to understand how an organization can enthide commitment amongst its managers and employees, and what should a mission statement play in this process. The word 'Mission' of a corporate would generally mean the identification of the organization's character, and the reason for its very existence. A mission statement should be characterized by projecting four parts of an organization: purpose, strategy, values, and behavior standards. The "Strategy" would address the nature of business, meaning, the organization's position vis-à-vis their competitors. It includes the source of the organization's competitive edge. The "Behavior Standards" would define the norms and rules that the organization follows, "Values" would be the principles of the moral value that forms the base of the behavior standards, and "Beliefs" would be the very faith on which the organization has was built upon, a faith which has been drilled into the organization by its founding dynasty.

      There are frustrations in business processes. These frustrations evolve with the business having no definite purpose or direction. It has become so necessary for organizations to put forth a mission, which provides a clear business conception, its purpose, and its mission.

      "A strong sense of corporate identity is as important as slavish adherence to business unit financial results". Michael Porter1.

      The question comes up, how to practice what is written in a mission statement, such as the one which says, 'to reach beyond minimal'. Beliefs are said to be the signposts, guides, and goals of the organization, which are open to discussions. It becomes a document forming base on which the company exists.

      "Beliefs are another professional tool of management to be utilized to reach our common goals". James Bere2.

      "I recently visited the local office of a company that for many years has prided itself on its elegantly worded mission statement. Indeed. asked me if there was anything else I wanted. he asked. 'You know.' I told him 'that document on the wall as you walk in.' He was completely mystified. I finally took him over to the door and showed him what I was talking about. I left him staring at the mission statement, open mouthed and reading it, no doubt, for the first time. " Laura Nash3

      In preparing a mission statement, the suggestion for the need of one may come from an external consultant. This, he may suggest, as a requirement to help and unite the company. In writing such a statement, the questions that are asked, in an attempt to write a mission statement, often brings out the gaps that the senior management has in its thinking process. The pressure in describing an organizations strategy, and management approach, also comes from the financial institutions or communities. This acts as external stimuli in forming a document, concluding that of a mission statement. The present need for a mission statement is also felt, when analysts and financial commentators become critical about the function of the managers, who lack strong commitment for the company's vision, activities, and management style.

      The requirement for a mission statement also comes from within the company, becoming internal stimuli. There are three sources for such stimuli. The first one develops from the internal audience, such as, the section of middle management, wanting clarifications on where the company is heading to, and what the company stands for. The second source may come from the company executives themselves, having deep differences in opinion immerging out of discussions relating to the future of the company, and in the matter of company governance. The Chief Executive himself could be the third source, who may find that there is a need for a change in strategy and culture, and may re-write the mission of the organization, and communicate the change down the line. This change could have been on the basis of a new rule.

      1 Michael E Porter – 'From Competitive Advantage to Corporate Strategy'. Harvard Business Review, May- June, 1987. P 52

      2 James Bere, Chief executive Officer. Borg-Warner Corporation. Quoted in Harvard Business School, Case No 383-091. 'The Beliefs of Borg-Warner'.

      3 Laura Nash – 'Mission Statements – Mirrors and Windows'. Harvard Business Review, March-April 1988 p. 155.

      Complete Assistance in the preparation for the implementation of the SMR/CR can be obtained from us at Complaince Consultant Where we have experience in the banking sector from 2015/2016.

      Source by Prabir Sen

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      Senior Downsizing

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      I recently became a Certified Senior Move Manager. What does that mean? Senior Move managers are certified to help seniors move from a home they have owned for a number of years to a senior center, assisted living or just downsize to a condominium. They help all seniors make the move easy and painless.

      It is said that over the next 20 years, more seniors will be moving to various new homes for downsizing purposes than ever before. The baby boomers are retiring now and making that downsizing decision. Because we have the opportunity to purchase more belongings than in the past, the baby boomers have more to sort and donate, toss, give to their children, or take with them to their new home. Making the decision on what to take to the new home is daunting. It requires many decisions and sometimes hours or days of work. Professional organizers can help in this situation.

      When it comes to sorting through all the items that have been collected over the years, professional organizers can use their organizing skills to accomplish this task. They can arrange to have items donated or shipped to any relative. Most will do the work instead of just telling you how to do everything yourself. The feelings of losing so many items can be overwhelming and very hard for many. The professional organizer knows how to handle this and as a third party provides a sounding board for many of the decisions.

      Senior Move Managers can help move any senior including those with disabilities such as Alzheimer's or hearing loss. The training and certification teach them the skills to apply in all situations.

      Downsizing to any new location can be incredibly stressful. Planning the move, packing for the move, sorting belongings, and unpacking can be overwhelming. Having someone there to assist can offer a great relief. Sometimes furniture needs to be arranged for safety and that is another skill the senior move managers have been trained on.

      Senior move managers are a great resource especially if your relative lives out of state.

      Complete Assistance in the preparation for the implementation of the SMR/CR can be obtained from us at Complaince Consultant Where we have experience in the banking sector from 2015/2016.

      Source by Julie Riber

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      Protecting Trademarks and Logos in the UK

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      Trade marks are used to differentiate a business's goods and / or services sold by the businesses from others in the UK, and worldwide. Your logo may take the form of an emblem, symbol, badge or crest; it may also be a shape. The decisions to be made is whether it is (1) worth making the effort to register the logo, (2) making the effort to do it yourself, or (3) engage external consultants to manage the process for you.

      In the UK, there is no legal requirement for your business to register logos, or any other trade name or trade mark used to identify your business to the public. Provided a business has sufficient turnover, sales expenditure and marketing activity, businesses are able to fall back on the Law of Passing off to protect your business.

      The difficulty with this approach is that your business will need to prove that it has the required level of goodwill and reputation in the market that justifies protection of the logo. Not an easy feat for start-up businesses.

      Also, provided the logo qualifies for copyright protection (as an artistic work), then copyright may be relied upon to protect the logo (this copyright protection is extended globally by individual countries implementing domestic law which is compliant with the provisions of the Berne Convention, which includes the UK). There are disadvantages to this approach, because (1) there is no public register available to be monitored by other businesses to ascertain whether your logo is protected or not in Europe or the UK, and (2) ownership of copyright must be proved in every case.

      The Register

      Registered trade marks appear on public registrants which are able to be searched by any member of the public with an internet enabled device.

      Once on the Register competitors coming too close to copying your logo may be directed to the Register and warned off unlawful competition caused by using a logo too similar to your business's. It is easier to prevent unfair competition by registering a logo or trade name.

      What does Registration give me?

      Registered marks in the UK and Europe (as with the United States) give the owner a statutory monopoly to use it in respect to the goods and / or services in respect which it is registered. For instance, if your business sells shoes, registering the logo would protect any other trader in the relevant country from using your logo. Because trade marks are granted country by country (with the major exemption in Europe of the Community Trade Mark, which gives protection in the countries in European Union), no other business is able to use the trading name to sell shoes without your permission. You are able to stop other businesses using your logo, and take legal action to prevent them from doing so in the future.

      Searching before Using

      The Register of Trade Marks provides other benefits. Before adopting a logo, it makes good sense to find out whether there is another business are using a similar trade mark in countries where you intend to trade. If you do use a trade mark which is registered by another business without their permission in another country, you will infringe their trade mark and they will be able to stop you from doing so.

      Many businesses believe that because a company name does not appear on the website of Companies House, or the domain name is not used, it is OK to use. This is not the case. It is the Register of Trade Marks in the countries which you trade which dictate who has the exclusive right to use trade names and logos, rather than whether or not a company has been registered with the same name or the domain name is in use.

      Also, once your trade mark is registered, if another business applications for a logo which is too similar to it, you are able to oppose the application by that other business to prevent their logo being registered.

      Conclusion

      Rather than introducing international markets and hiring for the best, it makes commercial sense to ascertained where the risks lie in respect to use of logos and other trade names to avoid trademark infringement in countries which the business trades.

      It is one thing to have a strong brand, it is quite another to be in a position to assert the best legal rights available to protect it. International brand protection can be obtained using a single trade mark application in the UK, which applies to all of Europe.

      Complete Assistance in the preparation for the implementation of the SMR/CR can be obtained from us at Complaince Consultant Where we have experience in the banking sector from 2015/2016.

      Source by L Ellis

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