The new Investment Firm Prudential Regime introduces an internal capital and risk assessment (ICARA) process for both small and non-interconnected investment firms (SNI firms) and non-SNI firms. The Financial Conduct Authority (FCA) has highlighted that the introduction of this new regime is an opportunity to re-establish the expectations for firms' internal governance and risk management that reflects and builds upon the framework previously established in FCA guidance.
The intention is that the ICARA process will be the centrepiece of MIFID investment firms' risk management processes. The process will incorporate business model assessment, forecasting and stress testing, recovery planning and wind-down planning. The new regime also introduces the Overall Financial Adequacy Rule (OFAR), which establishes the standard the FCA will apply to determine if an FCA investment firm has adequate financial resources.
As part of the ICARA process, firms will also be expected to identify whether they comply with the OFAR.
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In OneMove Capital Corporation v. Dye & Durham Limited, 2024 the Ontario Superior Court of Justice considered, among other issues, whether OneMove Capital Corporation, a shareholder of Dye & Durham Limited (D&D or the company), could make a proposal under s. 99 of the Business Corporations Act (Ontario) (OBCA) to remove a director mid-term.
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