Financial Conduct Authority interviews and production of documents

Produced in partnership with James Alleyne of Kingsley Napley
Practice notes

Financial Conduct Authority interviews and production of documents

Produced in partnership with James Alleyne of Kingsley Napley

Practice notes
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Financial 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.

James Alleyne
James Alleyne

Solicitor, Kingsley Napley


James is Legal Director in the firm’s Financial Services Group. He advises clients on the full spectrum of financial services and FCA-related matters, including on authorisation applications, perimeter and supervisory issues, enforcement investigations and cases before the Regulatory Decisions Committee and Upper Tribunal.

James joined Kingsley Napley in 2022 from the FCA where he spent seven years in the Enforcement division, giving him a unique insight into the approach and working of the regulator.

Whilst at the FCA James built the framework, and led the dedicated team responsible, for taking assertive supervisory intervention action against firms through the imposition of requirements, freezing of assets, banning of financial promotions and variations of permissions. James led many of the FCA’s highest profile interventions to date, including the banning of the world’s largest crypto exchange. 

James also has significant experience of advising on FCA criminal and regulatory enforcement investigations into firms and individuals and conducting related litigation, including in relation to conduct issues, systems and controls failings, conflicts of interest and compliance with anti-money laundering legislation and cases involving sexual misconduct in the workplace. James also has extensive experience in advising on contested authorisations cases for firms, senior individuals and in respect of changes in control.

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Jurisdiction(s):
United Kingdom
Key definition:
Financial Conduct Authority definition
What does Financial Conduct Authority mean?

The Financial conduct authority (fca), previously known as the consumer Protection and Markets Authority (CPMA), an agency formed as one of the three successors to the unlamented Financial Services Authority. The agency will regulate financial firms providing services to consumers and maintain the integrity of the UK's financial markets.

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