FCA publishes new Enforcement Guide
The Financial Conduct Authority (FCA) has published Policy Statement PS25/5, introducing the new Enforcement Guide (ENFG), which replaces the previous Enforcement Guide (EG) from 3 June 2025. The updated guide aims to enhance transparency in enforcement investigations and streamline provisions that are already set out elsewhere. PS25/5 follows Consultation Paper CP24/4 and CP24/2: Part 2. The FCA dropped plans for a new investigation publicity policy based on a ‘public interest test’ (referred to as the ‘name and shame proposal’) and ENFG retains the 'exceptional circumstances' test for announcing investigations into regulated and listed firms. However, it allows the FCA to share information in limited circumstances such as naming the subjects of investigations into suspected unauthorised financial services, including the communication of unapproved financial promotions. Further updates include those consulted on in CP24/2, in addition to changes made in light of feedback received.