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Financial crime and financial regulatory enforcement

19 August 2024

Motor finance: FCA drives towards formal redress scheme

The FCA is conducting a review into whether motor finance customers were overcharged as a result of the widespread use of discretionary commission arrangements in the motor finance industry. It had expected to set out its next steps in light of this review in September 2024. However, it has announced that it will not now do so until May 2025.

Jill Lorimer

14 June 2024

FCA's Anti-Greenwashing Rule Takes Effect: What It Means for Compliance and ESG Accountability

The FCA’s long awaited anti-greenwashing rule came into force on 31 May 2024. This rule is part of the wider Sustainability Disclosure Requirements regime and reflects the FCA’s strong commitment to ESG and to supporting the Government’s commitment to achieving net zero by 2050.

James Alleyne

7 May 2024

FCA’s plan to “name and shame” firms should be urgently reconsidered

The FCA’s recent consultation (CP24/2) on changes to its enforcement process has provoked what appears to be unanimous opposition from government and industry bodies. Of particular concern is the proposal in consultation paper (“the CP”) that the FCA will publish information about its enforcement investigations, including the identity of the subject of the investigation, where it assesses it to be in the public interest to do so. 

 

Jill Lorimer

15 March 2024

A new Annual Plan for the Competition and Markets Authority

The CMA has published its Annual Plan for 2024 to 2025 (the “New Plan”), following engagement with more than 70 businesses and other organisations across the UK.

Caroline Day

22 February 2024

Getting tough on insider trading

Insider dealing has long been a serious topic for financial services firms and their regulator, and continues to be a widespread issue across the sector. In the UK, activities which can amount to insider dealing have been criminalised since the 1980s, and are now covered by Criminal Justice Act 1993 (“CJA”), as amended most recently by The Insider Dealing (Securities and Regulated Markets) Order 2023.

In England and Wales, the Financial Conduct Authority (“FCA”) is empowered by section 402 of the Financial Services and Markets Act 2000 to prosecute criminal offences of insider dealing under the CJA.  There is also a parallel civil regime under the Market Abuse Regulation, as set out in the MAR module of the FCA’s Handbook, pursuant to which the FCA can also take enforcement action.

James Alleyne

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