Financial Conduct Authority interviews and production of documents
Produced in partnership with James Alleyne of Kingsley Napley
Practice notesFinancial Conduct Authority interviews and production of documents
Produced in partnership with James Alleyne of Kingsley Napley
Practice notesFinancial Conduct Authority interviews
The Financial Conduct Authority (FCA) can conduct interviews in a variety of formats which are detailed in the FCA Handbook Enforcement Guide (EG). The type of interview to be conducted is a decision for the FCA. The FCA’s standard practice is to use statutory powers to require the answering of questions in interview. This is for reasons of fairness, transparency and efficiency.
Where the FCA suspects regulatory and/or criminal misconduct, it is not required to designate immediately whether any subsequent proceedings will be criminal or regulatory. The FCA has a discretion to use whatever powers it considers appropriate to perform its statutory function to investigate the alleged misconduct. If there is a possibility that the matter will become a criminal prosecution, or in market abuse investigations, the FCA may interview suspects under caution.
The usual practice is for a lawyer to accompany an interviewee. If the interview is tape-recorded, the interviewee will be provided with a copy of the tape and, if one is made, a copy of the transcript.
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.