ARTICLE
17 April 2009

Turner Review Published

HF
Holman Fenwick Willan LLP

Contributor

HFW's origins trace back to the early 19th century with the Holman family's maritime ventures in Topsham, England. They established key marine insurance and protection associations from 1832 to 1870. In 1883, Frank Holman began practicing law in London, founding what would become HFW.

The firm evolved through several partnerships and relocations, adopting the name Holman Fenwick & Willan in 1916. HFW expanded to meet clients' needs, diversifying into aerospace, commodities, construction, energy, insurance, and shipping. Today, it operates 21 offices across the Americas, Europe, the Middle East, and Asia Pacific, making it a leading global law firm.

HFW was among the first UK firms to internationalize, opening offices in Paris (1977) and Hong Kong (1978). Subsequent expansions included Singapore, Piraeus, Shanghai, Dubai, Melbourne, Brussels, Sydney, Geneva, Perth, Houston, Abu Dhabi, Monaco, the BVI, and Shenzhen. HFW also collaborates with Brazil’s top insurance and aviation law firm, CAR.

The Financial Services Authority has this month published the Turner review, which reports on and makes recommendations for reforming both UK and international approaches to financial regulation in order to create a more robust banking system.
UK Insurance
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The Financial Services Authority has this month published the Turner review, which reports on and makes recommendations for reforming both UK and international approaches to financial regulation in order to create a more robust banking system.

A link to the report is: www.fsa.gov.uk/pubs/other/turner_review. pdf

The review states that the most fundamental changes required are those relating to capital adequacy, accounting and liquidity policies and there are also changes recommended in the regulation of governance and risk management. Of particular interest may be the FSA's comments on procyclicality (in particular their reference to rating-based triggers and collateral requirements) and their comments on the quality of bank capital.

This review does not have direct application to the insurance market. The FSA's 2009 Financial Risk Outlook (http://www.fsa. gov.uk/pubs/plan/financial_risk_outlook_2009.pdf) states that:

"We do not believe ...that the crisis has raised any doubts about the overall appropriateness of our capital adequacy regime for insurance companies, following its significant revisions in 2002 to 2004 (although we are keeping under review the possibility that there are further lessons to be learned)."

However, capital adequacy aside, the Turner review notes, at page 91, "The arguments for combining responsibility for the prudential regulation and supervision of all financial market sectors, e.g. banking and insurance, are very strong, with no apparent counterarguments..." hinting that this will have some impact on insurance regulation in the future. Further, the FSA have simultaneously with the report published a discussion paper (www.fsa.gov.uk/pubs/discussion/dp09_02.pdf) which, at chapter 13, considers possible implications for other sectors of the financial services market and notes that, for example, whilst weaknesses have been most evident in banks and investment banks, recommendations made by the Turner review on governance and risk management have "general application".

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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