Rahman Ravelli
5 Experts
2 Contributions by Rahman Ravelli Experts
PRACTICE NOTES
The Financial Services Enforcement Database brings together comprehensive details on all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. Searches can be run and narrowed by a range of fields, including:
rule/legislation breach
keyword such as ‘Open and cooperative’
sector
date
financial penalty
aspects of financial penalty analysis
outcomes including redress and prohibition orders
other actions such as referrals to the Upper Tribunal
Non-compliance with a requirement under Part XI of the Financial Services and Markets Act 2000 (FSMA 2000)—for instance, failing to supply documents or information, or supplying false information—can have serious consequences. The process for addressing such non-compliance during a Financial Conduct Authority (FCA) investigation is set out in FSMA 2000, s 177.
Failure to comply with an FCA information or document
Financial Services
PRACTICE NOTES
Appointment of a management receiver in restraint proceedings
When a restraint order is in force, the court may appoint a management receiver to administer any restrained, realisable assets belonging to the defendant. For guidance on restraint orders, the applicable regime and the conduct of restraint proceedings, see Practice Note: Restraint orders.
Fees and terms of engagement
The appointment is made by the court, and the receiver is required to report back to that court. Where the receiver is not an employee of the prosecuting body, fees are payable only if the court so directs and sets the basis on which the receiver is to be remunerated.
Remuneration must be reasonable and proportionate to the work undertaken, with regard to:
time committed by the receiver and their staff to the receivership
the complexity of the matter
the level of
Corporate Crime
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