Controls meaning

The employer and its advisers ought to reflect on the following matters: Preparatory steps From the employer, gather: a copy of the departing employee’s latest employment contract and any other documents setting out contractual terms (note: these might sit within a staff handbook) particulars of the employee’s contractual benefits pertinent details about the employee’s pension entitlements information on any shares/share options held by the employee; review the Articles of Association, any relevant shareholder agreement, and share scheme documentation. See also Shares and share options below Status of negotiations Will discussions occur directly between the parties, or via their respective legal advisers? How robust is the employer’s bargaining position? How credible are the employee’s existing or potential claims? For any dismissal, is there a fair reason and has a fair procedure been followed? Is the employer in repudiatory breach? What is the employer initially...

FCA and PRA senior management arrangements, systems and controls requirements The Financial Conduct Authority’s (FCA) expectations for senior management arrangements, systems and controls are outlined in the Senior Management Arrangements, Systems and Controls sourcebook (SYSC) within the FCA Handbook, as set out in SYSC. For the Prudential Regulation Authority (PRA), equivalent obligations appear across sections of the PRA Rulebook and in PRA Supervisory Statements (SSs). This checklist offers a mapping of the requirements in the various SYSC chapters alongside the corresponding senior management arrangements, systems and controls provisions contained in the PRA Rulebook and SSs. The mapping links each SYSC chapter to the parallel PRA materials. Details of the entities within the scope of SYSC are summarised in SYSC 1.1A.1G, and set out in full in SYSC 1 Annex 1 and in the relevant SYSC chapter...

This checklist guides you to take appropriate measures to spot, monitor and handle risks linked to conflicts of interest, and to comply with the SRA’s requirements. It mirrors the SRA Standards and Regulations. Requirement Compulsory or recommended Comments (if any) ☐ Implement a robust system to recognise and assess conflicts of interest, ensuring you do not act where a conflict exists unless an exception applies. See: -Practice Note: Conflicts of interest-systems and controls -Precedent: Conflicts, confidentiality and disclosure policy-law firms Compulsory - SRA Code for Firms, paras 2.1, 2.5, 6.1 and 6.2 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Create a register of interests held by partners and staff, which you can consult to identify own‑interest conflicts. See Precedent: Register of interests to identify own interest conflicts. Recommended - This will help you identify conflicts and demonstrate compliance with the SRA Code for Firms, paras 2.1 and 2.5 (Insert any comments you may wish to make regarding your firm’s...

Background to and scope of this flowchart On 31 October 2004—often called ‘M Day’—providers and brokers involved in regulated mortgage contracts (RMCs) came within the regulatory perimeter. Any individual or firm undertaking a regulated activity in the UK in the course of business, where no relevant exclusion or exemption applies, is required to hold authorisation under the Financial Services and Markets Act 2000 (FSMA 2000)...

Flowchart This flowchart offers a concise overview of the tax considerations that could prompt a company to select a specific route to demerger. The terms and expressions used in the flowchart are set out in the Practice Notes on demergers, as follows: Demergers—an introduction to the tax issues Statutory demergers Capital reduction demergers Liquidation demergers For a PDF version, please click below...

Is the risk assessment overseen at the highest level in the company? To demonstrate commitment from the top to anti-bribery controls, a company officer or a member of the Board should be designated to supervise the anti-bribery and risk assessment process. See Practice Note: Anti-bribery and corruption policy. Consider: Do senior management or the Board hold ultimate responsibility for the risk assessment process? Have duties for anti-bribery and corruption been delegated; if so, to whom and on what basis? How is this recorded? Has the company allocated bribery risk assessment to employees (for example, a compliance officer) who report directly to the Board? How has the company ensured the risk assessment is fit for purpose and able to withstand scrutiny?...

Nick Ephgrave Nick Ephgrave acknowledged it was no secret that the SFO has witnessed a slight drop-off in the number of companies approaching the specialist anti-corruption body with suspected fraud and bribery within their organisation. To address this, the SFO intends to invest further in covert intelligence-gathering so it can better understand what is happening in corporate settings and, in turn, either pursue targets or encourage them to come forward, he told Law360 and reporters from other news outlets. Ephgrave said he wants to be more in control of the referrals received by an agency that largely depends on businesses volunteering information, with the aim of invigorating and provoking self-reporting by companies. He added that he is really seeking to drive up the number of corporates the SFO deals with, whether through self-reporting supported by revised corporate guidance, via intelligence from whistleblowers, or by relying on good old-fashioned covert policing techniques such as surveillance, the deployment of undercover officers, and the use of informants...

Incoming legislation will bring stricter rules to the crypto sector, requiring CASPs to carry out customer checks and to report suspicious activities whenever transactions total €1,000 euros or more. Controls will be even more rigorous for CASPs’ cross-border transactions. ‘We have ensured that the crypto sector will operate under the same rules and bear the same obligations as the traditional financial sector’, said Eero Heinäluoma, on this matter...

In this issue A review of key cases in 2025 Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information A review of key cases in 2025 Headline corporate crime matters in 2025 included the UK Supreme Court overturning the convictions of two traders jailed for rate manipulation; the anti-fraud agency deploying a seldom‑used legal power to recover criminal cash; and the first conviction for sanctions breaches. See News Analysis: The biggest financial crime cases of 2025. Decision to prosecute and alternatives to prosecution SFO compliance guide highlights early remediation is key On 26 November 2025, the Serious Fraud Office (SFO)...

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 (WRA 1991) ‘Surface water’ Inland waters (all standing or flowing surface water, except groundwater) Transitional waters (partly saline estuaries substantially influenced by freshwater flows) Coastal waters (water up to one mile seaward) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, SI 2017/407, Sch 1 ‘Groundwater’ — all water below the ground surface...

ARCHIVED: This archived Practice Note is not being maintained. Today, most global businesses work with third parties, tapping into vital capabilities that help them operate across markets. Yet those relationships can also carry significant corruption exposure, potentially resulting in breaches of the Foreign Corrupt Practices Act (FCPA). With the right diligence, tailored contractual terms, targeted training, and robust oversight, organisations can manage FCPA risk while still benefiting from third-party contributions to their operations. The FCPA bars corrupt payments made through intermediaries when a company is ‘knowing’ that some or all of the money will be passed to a foreign government official. It is not necessary to have actual knowledge of a third party’s conduct; wilful blindness can be enough to attribute knowledge. In practice, businesses cannot look the other way or disregard indications of possible bribery by those they engage. Agents, distributors, consultants, contractors, and subcontractors Service-providers, suppliers, and other non-intermediary third parties Effective third-party engagement should include anti-corruption due diligence,...

1 General information Report date: [ Enter date ] Previous report date: [ Enter date ] Report submitted by: [ Enter name ] 2 Action points arising from last report Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] Action item: [ Enter action point ], Responsible person: [ Identify person responsible for this action point ], Status: [ Enter status ] 3 Executive summary This report covers the following items: 3.1 overview of business operations; 3.2 account of the operation of competition law compliance systems and controls;...

1 Definitions and interpretation 1.1 Within this Agreement: Affiliate – refers to any entity that, whether directly or indirectly, Controls, is Controlled by, or is under shared Control with, another entity; Business Day – means any day other than a Saturday, Sunday, or a bank or public holiday in Scotland; Control – signifies [ the beneficial ownership of more than 50% of a company’s issued share capital, or the lawful power to direct, or to cause the direction of, the company’s management OR has the meaning assigned in the Corporation Tax Act 2010, s 1124 ], and Controls and Controlled shall be construed accordingly; Dispute Notice – has the meaning set out in clause 2.2; Force Majeure – has the meaning set out in clause 6.1...

1 Introduction This risk assessment sets out the hazards we have recognised in connection with homeworking practices, along with controls we have implemented, or plan to implement, to reduce those risks. It draws on replies to [ insert, eg a questionnaire circulated to staff on [ date ] ]. A copy of the questionnaire is enclosed...