Powered by Lexis+®
Jurisdiction(s):
United Kingdom

FCA cooperation with overseas regulators: practical guidance on cross-border information requests and investigations—FSMA powers, MoUs, interviews, confidentiality, and co-ordinating parallel UK and foreign proceedings

Practice notes
imgtext

This Practice Note explores international regulatory cooperation with an emphasis on cross-border regulatory investigations. It outlines the Financial Conduct Authority’s (FCA) statutory obligation to collaborate with overseas authorities and the supervisory and investigatory powers it may deploy to support those authorities’ inquiries. It also explains how cross-border investigations operate in practice and offers practical guidance for individuals responding to an overseas regulator’s information request or engaged in concurrent cross-border investigations...

Key points

  • The FCA is legally required to cooperate with overseas regulators; this can range from supplying requested information to using its own investigatory powers on an overseas authority’s behalf
  • The FCA retains discretion over the scope of its cooperation and is subject to defined limits on the assistance it may provide
  • Early, proactive and inquisitive engagement can benefit recipients of information requests and those who are the subject of investigations
  • Where domestic and overseas investigations run in parallel, careful coordination of information, steps taken and eventual outcomes with both UK and foreign regulators is essential
  • Matters most likely to prompt cross-border regulatory cooperation typically involve financial crime and as...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
David Rundle
David Rundle

David represents individuals and firms facing regulatory enforcement and criminal investigations, with a particular focus on the financial services sector.His depth of experience across both areas, including his time with the FCA’s Enforcement Division, gives him a rare perspective in cases which straddle the regulator’s remit and financial crime issues. He has represented clients under investigation for market manipulation, insider dealing and money laundering failings, where both criminal prosecution and regulatory enforcement were potential outcomes. His experience, which spans both FCA and PRA investigations, also extends to systems and controls, miss-selling cases and failures to be open and cooperative.Outside of financial services, he has acted for clients in several of the major SFO investigations in recent years, including Serco and Petrofac, several of which were cross-border investigations, involving agencies across multiple...

Web page updated on 22/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow