Why choose Stephensons?
We are recommended by the Legal 500 for disciplinary work. We are a national law firm with a network of offices, including London and Manchester, allowing us to act for clients nationwide. We are a large regulatory department with a number of specialist lawyers and as such we regularly take on cases at short notice. We appreciate how disruptive an investigation can be to you and your business and recognise the need for urgent advice.
The necessity to have specialist guidance throughout this process stems from the fact the FCA have wide ranging powers, over both authorised and unauthorised firms, that can have serious implications for the businesses and individuals concerned.
If you are an unregistered firm or individual of the FCA, the effects of the investigation will by all means not be any less severe than if you had been registered. It is a criminal offence under the Financial Services and Markets Act (FSMA) to engage in regulated activity while you are not authorised by FCA or are not exempt. Many investigations turn on whether a firm’s activities fall within the scope of the Regulated Activities Order (RAO).
Additionally, the FCA routinely publish details in relation to the firms/individuals whom they take action against, which can have serious reputational implications for you and your business.
How we are able to assist you:
- Preparing written responses to the FCA on your behalf
- Assisting you in relation to providing relevant documents and with interviews under caution
- Making representations following preliminary findings
- Advice and guidance in relation to the resolution process
- Assistance before the Regulatory Decisions Committee and/or the upper tribunal
- Making representations in relation to warning notices
- Action following decision notices
- Submitting appeal applications
- Issues relating to the FCA publishing information about your firm regarding the matter
- Advising in relation to investigations by the FCA’s Unauthorised Business Department