FCA Solicitor
An FCA investigation can affect authorisation, employment, reputation and the future of a financial services business.
Adkirk Law advises firms, directors, senior managers and regulated individuals facing FCA enquiries, investigations and enforcement action. We provide clear, confidential guidance from the first request for information through to interviews, representations and proceedings.
Immediate support when the FCA makes contact
Early correspondence should be handled carefully. We can review notices and information requests, clarify deadlines and scope, preserve privilege and help create a consistent response plan. Where internal fact-finding is required, we can advise on interviews, document review and reporting lines.
Who we advise
Our clients include authorised firms, directors, senior managers, approved persons, compliance professionals and other individuals whose conduct is under scrutiny. We identify at an early stage whether the interests of a firm and an individual may conflict.
FCA investigations and related issues
We can advise on suspected breaches of FCA rules, systems and controls, financial promotions, market conduct, misleading statements, unauthorised business and matters with potential criminal or civil consequences. Our advice considers the overlap between regulatory enforcement, employment, professional discipline and criminal exposure.
Interviews, representations and enforcement outcomes
We prepare clients thoroughly for compelled or voluntary interviews, assess the evidence and make focused written representations. Where the FCA proposes formal action, we explain the available procedure and work to protect your professional and commercial position.
What should I do if the FCA requests information?
Do not miss the deadline or respond casually. Preserve relevant records and obtain advice on the scope, accuracy and privilege implications of the response.
Can the FCA investigate individuals as well as firms?
Yes. Directors, senior managers and other individuals may be investigated alongside or separately from a firm.
Does an FCA investigation mean enforcement action is inevitable?
No. An investigation is a fact-finding process and does not automatically establish wrongdoing, although it should be treated seriously.
Can an FCA matter also become criminal?
Some conduct may carry regulatory, civil and criminal risk. A strategy should account for all potential proceedings from the outset.
Can one solicitor act for the firm and its directors?
Sometimes, but only where interests are aligned and no conflict exists. Separate representation may become necessary.
ADKIRK LAW IS ABLE TO ADVISE ON THE FOLLOWING:-
- Written responses to the FCA during investigations;
- Representation during interviews conducted by the FCA;
- Advice on and preparation of document requests;
- Advice on website disclaimers and the regulatory process;
- Written or oral representations to the Regulatory Decisions Committee (RDC);
- Advice on resolutions;
- Advice on Notices (Warning, Decision and Final);
- Mitigating fines and breaches of FSMA
- Appeals to the Upper Tribunal;
- Criminal investigations and prosecutions;
- How to protect your business against investigation;
- Exemptions available against the general prohibition;
