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FSMA & FCA compliance

Specialist knowledge of FCA regulation applied in a pragmatic manner with the benefit of specific industry experience.

  • FSMA and associated provisions including Regulated Activities Order and Financial Promotion Rules
  • FCA Handbook including COBS rules and perimeter guidance and associated breach of statutory duty claims
  • FCA enforcement actions and Regulatory Decisions Committee matters including requests from FCA to vary or surrender permissions
  • Corporate governance in IFA firms – CP 17/25 implications including division of internal responsibilities, employment contracts and shareholder agreements
  • Due diligence by SIPP administrators and trustees
  • Advising IFA’s in relation to indemnity and reservation of rights issues under professional indemnity insurance policies
  • Complaints handling including FOS/Court actions and DISP provisions of FCA Handbook
  • Defined benefit transfers – CP17/16, COBS 19 breaches, investments from DB schemes into alternative and/or UCIS assets in SIPPs including thematic thought leadership with consulting actuaries
  • Data protection/GDPR matters including client portfolio transfers and dealing with subject access requests involving third party information
  • With profits contracts including contract options, contractual guarantees (including GAR’s), actuarial discretion in relation to setting of bonuses, potential conflicts of interest in closed funds
  • High Court litigation by SME’s against investment banks relating to allegations of mis-selling of interest rate hedging derivatives and LIBOR manipulation including applications for specific disclosure
  • MiFID compliance
  • Appointed representative agreement disputes including claims under contractual indemnity provisions and allegations about FCA compliance failings by principals
  • Employment contracts from perspective of FCA related obligations.
  • Business protection arrangements including cross-option agreements
  • FSCS matters