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NEWS
Law360, Expert analysis: On 30 September 2025, the Financial Conduct Authority (FCA) unveiled a suite of proposals aimed at streamlining the consumer duty regime, clarifying its application and reducing unnecessary regulatory burdens. Charlotte Rendle, senior knowledge lawyer and Rosie MacArthur, managing associate both at Simmons & Simmons LLP, discuss how the proposals aim to clarify the scope of the duty by potentially excluding business involving non-UK customers, refining its application across distribution chains, and reassessing existing exemptions, particularly those applicable to wholesale firms.
NEWS
The Financial Conduct Authority (FCA) has published a consultation paper (CP24/22) on extending the timeframe for motor finance firms to handle complaints related to non-discretionary commission arrangements (non-DCA). The proposed options are either until 31 May 2025 or until 4 December 2025. Responses are sought by 5 December 2024. The FCA also plans on publishing its feedback and its policy statement by 19 December 2024, emphasising that firms should use this extended period to adequately prepare resources for investigating and responding to complaints.
NEWS
Law360, London: The Financial Conduct Authority (FCA) has proposed that it will reduce requirements for UK fund managers on how they report on value for investors, a move that would enable significant cost cuts.
NEWS
Law360: The Financial Conduct Authority (FCA) has proposed reforms to its regime for alternative asset managers, making it easier to enter the market and grow the business.
PRACTICE NOTES
This Practice Note sets out: criminal offences that the Financial Conduct Authority (FCA) can prosecute via the criminal courts. The FCA’s general approach to criminal prosecutions, in addition to its stated approach to financial services offences in cases of market abuse, and criminal offences under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (MLRs) and the Consumer Credit Act 1974 (CCA 1974), is set out in its Enforcement Guide. For prosecutions resulting from investigations started prior to 3 June 2025, Chapter 12 of the FCA’s Enforcement Guide (EG 12)—Prosecution of Criminal Offences is relevant. This Practice Note sets out the FCA’s approach under the updated Enforcement Guide (ENFG) applicable to FCA investigations opened on or after 3 June 2025 by way of statutory appointment of investigators, under Financial Services and Markets Act 2000 or otherwise.  This Practice Note sets out: • criminal offences that the FCA is empowered to prosecute via the criminal courts • its general approach to prosecutions • its specific approach to prosecuting
PRACTICE NOTES
This Practice Note provides an overview of the Financial Conduct Authority’s (FCA) criminal powers to prosecute fraud offences under the Fraud Act 2006 (FrA 2006), Theft Act 1968 (TA 1968), conspiracy to defraud under common law and from 1 September 2025, the corporate offence of failure to prevent fraud. It also provides an overview of fraud offences and tracks FCA prosecutions for frauds. This Practice Note considers the FCA’s powers to prohibit individuals convicted of fraud offences from being involved in financial services, using formal enforcement powers under the Financial Services and Markets Act (FSMA 2000). It also provides links to detailed practical guidance. Overview An important role of the Financial Conduct Authority (FCA) is that of private prosecutor, particularly in relation to fraud offences such as the general fraud offence under FrA 2006, s 1. A prosecution for fraud is often pursued alongside prosecution for other offences; by way of example, in ‘Operation Tidworth’ the defendants were charged by the FCA with offences of conspiracy to defraud, fraud by misrepresentation,
NEWS
The Financial Conduct Authority (FCA) has provided examples of good practice and potential areas for improvement for firms providing retirement income advice following the thematic review of retirement income advice. The FCA examined 28 firms through desk-based reviews of their advice models and governance structures, analysing sampled advice files with the Retirement Income Advice Assessment Tool (RIAAT). Key findings focused on three key aspects, namely, the quality of firms’ information collection and record-keeping, the appropriateness of client risk profiling and the sustainability of clients’ income withdrawals. The FCA provided individual feedback to the participating firms and called for corrective measures to ensure that retirement income advice meets both the immediate needs and the long-term financial stability of clients.
NEWS
The Financial Conduct Authority (FCA) has updated its webpage on the nine 'finfluencers’ charged for promoting an unauthorised trading scheme. On 13 June 2024 at Westminster Magistrates’ Court, Emmanuel Nwanze, Scott Timlin and Holly Thompson indicated pleas of not guilty. Yazmin Oukhellou, Lauren Goodger and Eva Zapico did not indicate pleas.
NEWS
The Financial Conduct Authority (FCA) has clarified that undertakings given by Concept Capital Group (CCG) to the High Court do not prevent payments of rent, licence fees and regular investment returns, but prohibit redemption or buy-back payments and the promotion or sale of the scheme. Existing tenancies or licences for static homes are unaffected.
NEWS
The Financial Conduct Authority (FCA) has provided an update on the High Court proceedings commenced in November 2020 against Mr Robin Forster, Fortem Global Limited and Mr Richard Tasker, over alleged links to investments in care homes in which investors appear to have lost at least £30m. The proceedings—which allege that the defendants carried out unauthorised activity in relation to the operation and/or promotion of collective investment schemes—seek injunctions and restitution for investors.
NEWS
The Financial Conduct Authority (FCA) has updated its Notification and disclosure of net short positions webpage to give information on the transition to a new UK short selling regime following the Treasury's publication of the final Short Selling Regulations 2025 (SI 2025/29) in January 2025. These regulations set high-level requirements and empower the FCA to develop detailed rules to complete and implement the new regime. The FCA plans to consult on the new short selling rules in Q3 2025. Certain aspects of the regulation, such as the new requirement to publish aggregated net short positions by issuer, will be implemented once the new rules are finalised and the FCA has made any necessary technical and operational changes. In the meantime, the existing UK short selling regime will remain in effect, including the current public disclosure of individual firms' net short positions in issuers at the 0.5% threshold and above.
PRACTICE NOTES
Financial Conduct Authority (FCA) supervisory and enforcement action involves statutory notices and associated publication requirements and risks. Depending on the type of notice and the statutory framework applicable to that notice, the FCA may be required to publish information, may have discretion to publish (including at an early stage through a Warning Notice Statement), or may be prohibited from publication. Publication typically takes place via the FCA’s website. It may be supported by a press release and update to the Financial Services Register. This Practice Note sets out the statutory framework governing the FCA’s publication of statutory notices involving supervisory interventions or enforcement action against a firm or individual, eg Supervisory Notices, Warning Notices, Decision Notices and Final Notices, under the Financial Services and Markets Act 2000 (FSMA 2000) or other legislation. It further sets out the FCA’s approach to publicity of statutory notices under the FCA’s Enforcement Guide (ENFG). It considers the statutory limits and safeguards on publication and privacy applications to the Upper Tribunal. It also sets out the FCA’s approach to continued