23rd March 2017
FCA Warning Notice
Receiving a Warning Notice from the Financial Conduct Authority (FCA) does not necessarily mean that any action will be taken against you, but it is the first step of a potential investigation. Once you have received the Warning Notice from the FCA, it is in your best interests to get in touch with a solicitor at your earliest convenience and we will represent you on your behalf throughout the legal proceedings. We are available to represent you anywhere within the country and can instruct tax advisors and forensic accountants if needed.
Free Initial Telephone Consultation
Our highly skilled Regulatory & Fraud Solicitors are here to take the worry off your hands. We can provide an initial telephone consultation to see how we can assist in your case. For more information, please call us on 0808 168 5550 or email firstname.lastname@example.org.
Who is the Financial Conduct Authority (FCA)?
The Financial Conduct Authority is an independent, government enforced financial regulatory body in the United Kingdom and was founded in 2013. The FCA’s sole responsibility is to regulate financial firms by providing its services to consumers while ensuring that the overall standards of the UK’s financial markets are maintained. More specifically, the FCA focuses on the conduct of retail and wholesale financial services firms.
If certain standards are not met then the FCA have the authority to investigate both organisations and individuals. Once the investigation has took place, they have the power to order firms to retract or modify promotions which are deemed to be misleading and ban financial products for up to a year and potentially indefinitely.
What authority does the FCA have?
Throughout the proceedings of the investigation, the FCA can put various restraints on you which include:
- Bring criminal prosecutions against you
- Fine you or your firm for breaching FCA rules
- Seek compensation for your customers
- Impose public censure
- Request information from your company
- Question you during an interview
- Suspend you and/or your company from continuing trade
What is a warning notice?
A Warning Notice is exactly what it is at face value; a warning. If you have received this letter from the FCA, it is not a concrete decision to take any action against you, but a firm reminder that certain standards must be met. In response, you have the right to present your innocence to the Regulatory Decisions Committee (RDC) who will take your evidence into account before deciding whether statutory notices need to be outlined for you. If a decision notice is released, then you can refer the case to the Upper Tribunal which will reach a decision on what action the FCA should take. If the RDC or the Upper Tribunal decides that no further action is required, the FCA will publish a notice of discontinuance provided that they have your consent.
What if one of your employees has ‘blown the whistle’?
According to the Public Interest Disclosure Act 1998, whistleblowing is when an employee has genuine reason to believe that their employer is taking part in any wrong doing and chooses to approach the hierarchy of the respective company or an external regulatory body. The reasoning for someone to take part in ‘whistleblowing’ can vary, but some of the most common reasons include offences such as:
• Criminal offences
• Dangers to health and safety of employees
• A miscarriage of justice
• A breach of contract
• A deliberate attempt to conceal any wrongdoing
Once the employee has made the accusation, they are legally entitled to protection, whereby they cannot be unfairly dismissed or in any way victimised as a result of their claim. Actions including dismissal, formal disciplinary, demotion, setting unreasonable targets and being ignored would be considered an unfair response from the employer.
Most of these accusations are usually legitimate concerns from the employee; however it is not uncommon for someone to ‘blow the whistle’ for their own persona; reasons i.e. felt that they were dismissed/disciplined unfairly. If you feel that is the case, our regulatory team are available to advise you throughout the legal process and put your side of the argument across if necessary.
How we can help
We acknowledge that everyone is innocent until proven guilty and therefore are entitled to support in the wake of receiving a Warning Notice from the FCA. If you or your company have been accused of not adhering to the required standards, Our Regulatory team are available to represent you on your behalf throughout the entire process. We therefore promise to:
- Advise you throughout the entire process
- Represent you in any required interviews
- Prepare and collate all required documents for the FCA
- Represent you before the RDC and Upper Tribunal
- Take the worry off your hands
- Argue your case
- Prepare an appeal if necessary
Given the broad area of law surrounding FCA investigations, we will ensure to deal with your case by finding all of the facts and circumstances.
Our team are highly ranked in the Legal 500 and Chambers and Partners guides. We have extensive experience in successfully defending businesses and individuals accused of fraud.
Why Choose Us?
At Cartwright King, our solicitors understand the stress and worry Warning Notice sent by the FCA can cause and the potential long term consequences that can affect you, your business and your family life. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf.
How to make contact
If you require any legal advice or if you would like a no obligation, free initial telephone discussion, then please call us on 0808 168 5550. Alternatively you can email the team on email@example.com and we’ll get back to you as soon as possible.
Our Regulatory & Fraud Solicitors can provide advice across the country and are happy to meet at a time and location that suits you. We also have a network of offices in London, Birmingham, Bedford, Bolton, Derby, Leeds, Leicester, Luton, Manchester, Milton Keynes, Newcastle Gateshead, Northampton, Nottingham, Oxford, Reading, Sheffield, Wellingborough and Worcester.
- Mark Hopwell — Head of Department
- Andrew Brammer — Head of Regulatory
- Sundeep Soor — Head of Tax & Fraud
- Richard Cornthwaite — Head of White Collar Crime (London)
- Meet the Team
You can always call us on 0808 168 5550 or email firstname.lastname@example.org
22nd March 2017
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