UK FCA issues updated Enforcement Information Guide

A&O Shearman
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A&O Shearman

The UK Financial Conduct Authority published an updated Enforcement Information Guide, which reflects changes in the FCA Handbook to its revised Enforcement Guide (ENFG) and the Decision Procedure and Penalties manual (DEPP). The updated guide provides a high-level overview of the FCA's enforcement powers under the Financial Services and Markets Act 2000 (FSMA) and the process for a typical enforcement case, to help firms and individuals understand how enforcement operates in practice. Key aspects covered include early resolution options, the FCA's discount scheme for settlement, the decision-making roles of the Settlement Decision Makers and the Regulatory Decisions Committee, and the potential use of mediation. The guide also explains how cases may be referred to the Upper Tribunal and outlines the FCA's publicity approach, including when the FCA may publicly share that it is (or is not) investigating a matter. The FCA confirms that the guide does not cover information about its criminal or other processes.

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