Deferred Prosecution Agreement A Deferred Prosecution Agreement (DPA) is an agreement between a prosecutor and an organisation facing prosecution for an alleged economic...
The Financial Conduct Authority (FCA) has a wide-ranging brief, which includes the ability to enforce compliance with its rules and competition law in order to meet its...
What is asset stripping? Asset stripping involves taking company funds or assets while leaving behind the debts. Sometimes directors then transfer only the assets of a...
What is a boiler room fraud? Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates the pressure of a...
This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993, that is encouraging another person to...
This Practice Note is concerned with one of the three criminal offences created under section 52 of the Criminal Justice Act 1993 (CJA 1993), that is encouraging another...
What is the FCA? The Financial Conduct Authority (FCA) regulates financial services firms operating in the UK and providing services to consumers. It also maintains the...
Authority to conduct a dawn raid The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) can carry out dawn raids on the premises of firms...
The Financial Conduct Authority (FCA) has various powers (see sections 97, 131E, 131F, 165–169, 171–173, 175, 176 and 284 of the Financial Services and Markets Act 2000...
Background The Market Abuse Directive (2003/6/EC, commonly referred to as 'MAD') was adopted in 2003 and established a legal framework throughout the European Union (EU)...
FCA approach on the supervision of financial promotion This Practice Note provides information on how the Financial Conduct Authority (FCA) ensures that financial...
The Financial Conduct Authority (FCA) has a variety of powers under the Financial Services and Markets Act 2000 (FSMA 2000). This Practice Note will discuss the FCA’s...
Search and seizure—the law The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) (together, the Regulators) have powers of entry, search and...
FCA and PRA rules on whistleblowing On 6 October 2015, the Financial Conduct Authority (FCA), alongside the Prudential Regulation Authority (PRA) published policy...
The Financial Services and Markets Act 2000 (FSMA 2000) provides the Financial Conduct Authority (FCA) with a wide variety of possible actions against firms, which are...
Information and document requirements Financial regulators (the regulators) (ie the Financial Conduct Authority (FCA) (previously the Financial Services Authority (FSA))...
Once the Financial Conduct Authority (FCA) investigators have: • completed their investigation (including producing a Preliminary Investigation Report and taking into...
This Practice Note explains the initial stages and investigative steps in the Financial Conduct Authority’s (FCA) enforcement process once a breach has been identified....
In recent years, as part its policy of ‘credible deterrence’, the Financial Conduct Authority (FCA) has sought to take more disciplinary action against individuals,...
Financial Conduct Authority interviews The Financial Conduct Authority (FCA) can conduct interviews in a variety of formats. The type of interview to be conducted is a...
Search and seizure—the law The FCA has the power under the Financial Services and Markets Act 2000 (FSMA 2000), s 176 to apply to a magistrate for a warrant to enter...
The role of the FCA The Financial Conduct Authority (FCA) forms part of the regulatory structure for financial services firms. The FCA has a wide-ranging brief to: •...
The FCA's powers as part of the new regulatory arrangements BREXIT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with...
The Financial Services and Markets Act 2000 (FSMA 2000) creates a range of criminal and civil/regulatory offences. For further information on civil/regulatory breaches...
Introduction The Financial Conduct Authority (FCA)’s financial crime guide is entitled Financial Crime Guide: A firm's guide to countering financial crime risks (FCG)....
This quick guide provides high-level information on the measures taken under the European Union (Withdrawal) Act 2018 (EU(W)A 2018) (as amended by the European Union...