Disciplinary and Enforcement
The FSA is a powerful regulator with extensive powers of investigation and the ability to fine, censure and even prevent regulated firms and individuals from carrying on business in the financial services industry.
One of the most important relationships that any regulated business has is the relationship with its regulator; we can advise not only on a strategy for dealing with things when the relationship goes wrong – but also, critically, on how to build a successful relationship which in turn may assist when problems do occur.
The FSA's Enforcement Division is heavily resourced with specialist lawyers whose role is to successfully bring enforcement actions against regulated firms and approved persons, as well as enforce the perimeter against firms that breach the general prohibition.
We are able to advise on how best to handle FSA investigations and disciplinary actions brought by the FSA, including:
- Representation at FSA interviews;
- Handling an FSA enforcement visit and the appointment of skilled persons;
- Advising on FSA enforcement powers and procedures;
- Representation before the Regulatory Decisions Committee and Financial Services and Markets Tribunal;
- Advice on fitness and propriety issues; and
- Appeals.