UK

FEMR Progress Report / Speech by the Mark Carney, Governor of the BoE

FEMR Progress Report: The HM Treasury, the Bank of England (BoE) and FCA have today published the 2018 Progress Report on the Fair and Effective Markets Review (FEMR). 

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Filed under Bank of England, FCA, Sector Updates by Herbert Smith Freehills, UK, UK Regulations

PRA Business Plan 2018/19

Today, 9 April 2018, the Prudential Regulatory Authority (PRA) has published its Business Plan 2018/19.  The Business Plan sets out: An overview of the PRA’s responsibilities and approach; The PRA strategy; Business Plan 2018/19; and Budget 2018/19. Alongside the Business … Continue reading

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Filed under FCA, Herbert Smith Freehills, Regulatory Reform, Sector Updates by Herbert Smith Freehills, UK

FCA Business Plan and Sector Views

Today, 9 April 2018, the FCA has published its Business Plan 2018/19. The Plan covers: EU withdrawal, priorities for 2018/19, and sector priorities. 

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Filed under Announcements, FCA, UK

Transparency and the ownership of foreign companies – BEIS response to Call for Evidence

The Department for Business, Energy and Industrial Strategy (BEIS) has published the response to its Call for Evidence on the creation of a register of ownership and control of foreign companies that purchase property in the UK or enter into … Continue reading

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Filed under Bribery and Corruption, Corporate Crime, Draft Legislation, Sanctions and Money Laundering, UK, UK Government, UK Legislation

INSPIRED BY THE UK REGIME, SINGAPORE INTRODUCES DEFERRED PROSECUTION AGREEMENTS FOR CORRUPTION AND MONEY LAUNDERING OFFENCES

The Singapore parliament has enacted a framework for Deferred Prosecution Agreements. This will apply to corporate offences including corruption, money laundering and the receipt of stolen property. DPAs will need to be supervised by a judge and confirmed by the … Continue reading

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Filed under Announcements, Asia, Bribery and Corruption, Corporate Crime, Sanctions and Money Laundering, Singapore, UK

Corporate Crime update – February 2018

Welcome to the February 2018 edition of our corporate crime update – our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update now covers a number of jurisdictions. For the full update on each jurisdiction, … Continue reading

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Filed under Bribery and Corruption, China, Corporate Crime, Dubai, EU, Europe, Germany, Hong Kong, India, Investigations, Japan, Malaysia, Middle East, Sanctions and Money Laundering, Sector Updates by Herbert Smith Freehills, Thailand, UK, US

FCA Report: Algorithmic trading compliance in wholesale markets

Relevant to both solo- and dual-regulated firms, the report reflects the findings of both firm-specific and cross-firm reviews into algo trading undertaken in the run-up to MiFID II implementation. Within the introduction, the FCA lists relevant MiFID II requirements, noting … Continue reading

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Filed under Announcements, FCA, PRA, UK, UK Regulations

High Court decision supports orthodox view of litigation privilege in an investigations context

The High Court has found that documents prepared by a defendant in the course of an investigation into allegations by HMRC were protected by litigation privilege: Bilta (UK) Ltd (in liquidation) & ors v Royal Bank of Scotland Plc & anor [2017] EWHC … Continue reading

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Filed under Commercial Litigation, Corporate Crime, Investigations, UK

Feedback Statement: Distributed Ledger Technology

The FCA has today published the Feedback Statement (FS) to its April 2017 Discussion Paper (DP) DP17/03 on Distributed Ledger Technology (DLT). In its introduction to the FS, the FCA articulates its position on DLT as follows: “Our aim is … Continue reading

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Filed under Announcements, FCA, Sector Updates by Herbert Smith Freehills, UK

GHOSH DISHONESTY DISAPPROVED: DISHONESTY NOW TO BE ASSESSED SOLELY AGAINST THE STANDARDS OF ORDINARY REASONABLE AND HONEST PEOPLE

The Supreme Court has held that the correct test for dishonesty is whether or not the defendant’s conduct is dishonest by the objective standards of ordinary reasonable and honest people: Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC … Continue reading

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Filed under Announcements, Sector Updates by Herbert Smith Freehills, UK, UK Legislation