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Insights and Analysis

Is the writing on the wall for the “shareholder principle”?

The concept of the “shareholder principle” in English law (also known as the rule in Sharp v Blank [2015] EWHC 2681, in which case the principle was applied) provides that a...

Insights and Analysis

“Transparency as a regulatory tool”: The UK FCA’s proposed new enforcement approach

On 27 February 2024, the UK Financial Conduct Authority (FCA) published consultation "CP24/2: Our Enforcement Guide and publicising enforcement investigations – a new...

News

No DAML, no trouble: Two new “pay away” exemptions under the UK Proceeds of Crime Act 2002

The Economic Crime and Corporate Transparency Act 2023 (ECCTA) introduces two new "pay away" exemptions to the principal money laundering offences in sections 327, 328 and 329 of...

News

The UK FCA’s cryptoasset financial promotions regime and the interplay with the UK AML regime

The UK Financial Conduct Authority (FCA) has reminded firms supporting and facilitating unregistered cryptoasset firms of their obligations under the Proceeds of Crime Act 2002 (POCA),...

Insights and Analysis

UK failure to prevent fraud offence receives Royal Assent

On 26 October 2023, the UK Economic Crime and Corporate Transparency Act (the “Act”) received Royal Assent, introducing into UK law the long-awaited corporate “failure to...

News

When push comes to shove - UK Supreme Court issues definitive guidance on banks' Quincecare duties

The UK Supreme Court in Philipp (Respondent) v Barclays Bank UK Plc (Appellant) [2023] UKSC 25 has confirmed that the so-called "Quincecare duty" – a duty on a bank to...

Insights and Analysis

FCA announces new ESG data and ratings Code of Conduct working group

The UK’s financial services regulator, the Financial Conduct Authority (FCA) has announced the formation of a new working group that will work to develop a voluntary Code of Conduct...

News

Market abuse surveillance: How to get it right

Identifying and reporting instances of potential market abuse is required under the Market Abuse Regulation ('MAR'). A firm must have effective arrangements, systems and...

Insights and Analysis

Focusing on enforcement - insights from the FCA's Strategy 2022-25 and Business Plan 2022-23

Last month, the Financial Conduct Authority (FCA) published its Strategy 2022 to 2025, in which it set out its vision and ambitions for the next three years, together with its Business Plan ...

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