New FCA Safeguarding Regime

Published on: 02/03/2026 00:00

Our Associate Partner Muj Malik has written a whitepaper on the new Safeguarding approach. Here is a summary of how firms should prepare:

  • Annual Safeguarding Audits by a qualified auditor and submission of the audit reports to the FCA in prescribed form within set timeframes. 
  • Increased FCA regulatory scrutiny through monitoring & new monthly reporting requirements
  • Significant adverse findings or breaches may trigger supervisory or enforcement action.

To implement the new safeguarding requirements following actions will be required:


1. Governance Framework

  • Enhanced governance specific to safeguarding arrangements 
  • Appointment of key accountable senior manager

2. Segregation Reconciliation

  • At least daily reconciliation of all relevant accounts 
  • Maintenance of records and demonstrate audit trail

3. Resolution Pack

  • Pack with specific minimum criteria and thresholds
  • To be submitted on 48-hour notice from the FCA for inspection

4. Policies & Procedures

  • Update for compliance with new regime & Firm’s business model 
  • Subject to annual audit review

5. FCA Returns

  • Monthly FCA Returns with submission within 15 days 
  • Notification of breaches and errors in writing to the FCA

6. Unidentified funds

  • Record of unallocated & unidentified funds
  • Process to monitor ageing, timely action and audit trail

7. Risk Diversification

  • Effectively manage or introduce concentration risk 
  • Evidence the rationale and mitigation where limited diversification

8. 3rd Parties & Bank Letters

  • Enhancement to third-party due diligence processes 
  • Prescriptive requirements for annual bank letters

9. Insurance or Guarantees

  • Amendments to policy clauses to ensure compliance 
  • Operational and cost implications

10. Investments in Liquid Assets

  • Ensure asset selection aligns with new safeguarding requirements 
  • Demonstrate that arrangements effectively protect client funds adhering to liquidity, diversification & credit risk appetite
Muj malik

Muj malik

Associate Partner
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