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It considers the risks for firms and senior managers of not notifying or reporting a breach to the regulator. It sets out the practical considerations for firms on discovering a breach, including: planning and strategy in relation to internal investigations; dealing with individual misconduct; securing evidence; the role of senior managers when a breach occurs; notifications to the market under LR 9.

It considers referrals to enforcement, pro-active co-operation with the FCA, the appointment of investigators and their formal powers of investigation, restrictions on those powers, scoping discussions, document requests and interviews, the preliminary investigation report, and submission to the RDC.

It also considers publicity and confidentiality of the investigation. Further, it provides an overview of investigations into breaches of the listing rules and market abuse, collective investment schemes, and investigations on behalf of overseas regulators.

This Practice Note outlines the power of UK regulators to require the appointment of an external 'skilled person' to produce a report into a particular aspect of a firm's business, or to collect or update information by virtue of the Financial Services and Markets Act , s —A.

It also provides practical advice on dealing with a skilled person review. Information Gathering and Investigations: Information requirements, Skilled Persons, Appointment of investigators, Overseas regulators, Powers of investigators, Offences, Search and seizure.

Financial services — Disciplinary. The applicant individual financial adviser challenged the respondent Financial Conduct Authority's decision to remove his approval and imposing a prohibition order following his conviction for an offence of attempted sexual grooming of a child. The Upper Tribunal Tax and Chancery Chamber , dismissing the reference, held that, whilst it had not been open to the Authority to make a prohibition order against the applicant based solely on the fact of his conviction, when the offence was considered in the light of the circumstances in which it came to be committed and his failure to be open and cooperate with the Authority in a number of different respects following his initial arrest, the decision was one that was reasonable.

The authors also consider the future of anti-money laundering AML enforcement and next steps for regulated firms. It may also apply to the moratorium in administration and other insolvency stays. UK Finance has published a blog discussing the amount of regulatory insights and updates, and expressing concern at the impact of the volume on smaller firms. In March , the busiest month for change, UK financial regulators published 1, regulatory updates.

Disclosing privileged documents under a limited waiver to regulators has the potential to attract co-operation credit when regulators decide on level of penalty or, indeed, whether to undertake enforcement proceedings or prosecution.

There may also be benefits in relying on privileged material in any defence to regulatory enforcement or prosecution. Such limited waiver or reliance raises questions regarding whether privilege can be maintained in the relevant documents against the rest of the world. Laura Ford and Shabaz Ahmed of DLA Piper survey judgments over recent years relating to limited waiver, privilege in a document versus its content, and collateral waiver.

David McIlroy, barrister at Forum Chambers, discusses five key conclusions drawn from the Cranston Review and the wider implications for other redress schemes. In this bite-sized video, produced by Crafty Counsel www. This Practice Note deals with the disclosure issues that might arise during the course of an FCA or PRA investigation, including the rules on the disclosure of confidential information, privileged and protected items and disclosure to third parties such as overseas regulators and potential litigants.

It also covers the general and specific obligations on firms to make notifications about rule breaches or other misconduct to the regulator, and the consequences of a failure to notify. The Financial Conduct Authority FCA is likely to prefer to use its formal, statutory information gathering powers to require the production of documents and information, but there are certain situations where informal requests for documents and information are more effective, or necessary, for the overall integrity of an investigation.

This Practice Note introduces the scenarios where an informal, voluntary approach tends to be used and the ways in which the FCA is able to request information from firms and individuals on a voluntary basis. This includes the voluntary provision of witness statements and internal investigation reports, as well as voluntary attendance at interview.

It also considers Upper Tribunal privacy applications and relevant case law, and publicity around the publication of prohibitions of individuals, FCA civil and criminal actions, and the Financial Services Register. This Practice Note provides information on the various offences that can be committed by a firm or individual during the course of an investigation by the Financial Conduct Authority FCA. This includes failure to comply with a document or information requirement; destroying, falsifying or concealing documents; providing information which is known to be false or misleading; or obstructing a search warrant.

It also provides practical guidance for firms and senior managers providing attestations. The Financial Conduct Authority FCA and the Prudential Regulation Authority PRA are separate legal entities that operate with different objectives, with separate investigatory and enforcement powers, but with arrangements in place for investigations to be conducted jointly.

Both regulators' procedures include scope for early settlement with an individual or firm under investigation. This Practice Note considers the legal framework and arrangements under which joint investigations by the FCA and PRA take place, experience of joint investigations to date, and considers some of the potential complications that may arise, particularly in cases that do not settle.

It explains the power of acquire communications data, to carry out covert surveillance, the use of covert human intelligence sources CHIS and the power to require encryption keys or passwords to access encrypted electronic data. It explains what the RDC is and its powers, the procedure for issuing warning notices and decision notices, third party rights and access to material and publication of notices and other publicity.

It considers the circumstances in which regulators will investigate senior managers and the sanctions regulators can impose.

It sets out practical considerations for both individual senior managers and their firms. Finally, it sets out recent enforcement action against senior managers.

This Practice Note examines partly contested cases and focused resolution agreements FRAs , introduced in following a joint Financial Conduct Authority FCA and Prudential Regulation Authority PRA Policy Statement setting out final changes to their enforcement decision-making processes, geared towards improving transparency and effectiveness.

It deals with what the Upper Tribunal Tax and Chancery Chamber is, how a reference is made to the Upper Tribunal, grounds for referring a decision, how the case will proceed, the oral hearing, the decision of the Tribunal on the reference, appeals and judicial review.

The Financial Services and Markets Act FSMA provides the Financial Conduct Authority FCA with a wide variety of possible actions against firms, including both disciplinary sanctions such as financial penalties, public censure and suspension of or restrictions on permissions and certain other enforcement tools such as OIVoPs and private warnings.

This Practice Note provides a summary of additional regulatory powers which complement those powers granted to the UK financial services regulators under the Financial Services and Markets Act This Practice Note deals with the enforcement power of the Financial Conduct Authority FCA to give a private warning where it has concerns about the fitness and propriety of a person.

It explains what is meant by a private warning, what the FCA should consider before giving a private warning, how a person will know they are being given a private warning and the procedure for giving a private warning.

It covers what is meant by a public censure, what the FCA should consider before issuing a public censure and how a public censure is issued. This Practice Note covers the power of the FCA under section 56 of the Financial Services and Markets Act FSMA to impose a prohibition order on people who are not fit and proper from carrying out functions in relation to regulated activities carried on by firms. It covers prohibition orders against approved persons and other individuals and what the FCA may consider in making such an order.

Finally it covers how prohibition orders can be varied or revoked. This includes the power to seek an order that the court freeze the assets of the defendant; the FCA can also apply for injunctions under the Consumer Rights Act , Schedule 3. The regulators also have the power to apply to court for restitution orders under FSMA , ss — or to award restitution under FSMA , s , extra-judicially.

Finally, the FCA may also apply to the court to impose administrative sanctions in cases of market abuse—FSMA , s at the same time that it applies for an injunction under s This Practice Note looks at the powers of the Financial Conduct Authority to impose and vary requirements.

It discusses cross-border investigations into benchmark manipulation, and international coordination in relation to enforcement action; it also considers consequential litigation arising from civil and criminal actions. This Practice Note explains the offences which can be committed in relation to the general prohibition.

This is known as the general prohibition. A breach of the general prohibition is a criminal offence punishable by a fine or imprisonment. This Practice Note considers how the regulators enforce against unauthorised business. It discusses section of the Financial Services and Markets Act , as well as areas such as who is pursued when there is a concern around unauthorised business and remedial activity such as freezing or restraining orders as well as orders for administration or winding up.

It provides examples of actions and case law as well as links to the relevant provisions of the Enforcement Guide. This Practice Note should be read in conjunction with the Practice Note on the Unauthorised Business and the approach to enforcement —criminal proceedings. This is part of a set of Practice Notes that provide a guide through the aspects of the unauthorised business regime.

The series unpicks an area that can be complex and provides easy to understand direction on this increasingly important area of litigation. It discusses section of the Financial Services and Markets Act , as well as areas such as who is pursued when there is a concern around unauthorised business and remedial activity such as freezing or restraining orders and orders for administration or winding up.

It provides examples of actions case law and links to the relevant provisions of the Enforcement Guide. This Practice Note should be read in conjunction with the Practice Note on the Unauthorised Business and the approach to enforcement —civil proceedings.

What are the consequences of breaching the financial promotion restriction? Where a person breaches the restriction they are guilty of an offence and can face a fine or imprisonment. In addition agreements entered into as a result of a breach of the financial promotion restriction are unenforceable against clients and clients can reclaim money or property paid out or transferred under them or receive compensation for loss.

This Practice Note looks at various aspects of breach of the restriction. This Practice Note provides information on how the Financial Conduct Authority ensures that financial promotions issued by firms are compliant with its rules, and includes examples of enforcement action when non-compliant promotions have been identified. It may take a few minutes to reach its recipient s depending on the size of the document s.

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