News & insights

FCA enters second phase on greater transarency proposals

Written by Insight & Partnership Team | Nov 29, 2024 2:23:24 PM

 

The FCA is refining its approach to balance public interest with fairness to firms.

Key points of the consultation include:

  • Impact on Firms: The FCA now proposes factoring in the impact on a firm when deciding whether to announce an investigation and name the firm, ensuring a fairer public interest test.
  • Extended Notice Period: Firms would receive 10 business days’ notice, plus an additional 2 days before an announcement is made. This replaces the initially proposed 1-day notice, allowing firms more time to respond or prepare their own announcement.
  • Market Confidence: The FCA suggests adding the risk of serious disruption to public confidence in the financial system or markets as a new consideration in the public interest test.
  • Exclusion of Ongoing Investigations: The FCA will not proactively announce investigations already underway when the proposals take effect. These will remain subject to the existing “exceptional circumstances” policy.

📅 The FCA is seeking feedback on these revisions, offering an opportunity for industry voices to shape this important shift in enforcement transparency. Firms have until 17 February 2025 to respond.