Herbert Smith Freehills
Authors
Articles by company
When “simplification” is anything but simple: a slimmer FCA Handbook but the website continues to grow
A common observation about the FCA Handbook is that, with over 13,000 pages across more than 3,000 chapters, it is enormous.1 For comparison, that’s more pages than ten copies of War and Peace. This In Practice article considers the impact of the FCA’s shift towards an “outcomes focus” on the content of the Handbook and how material is shifting to the FCA’s website.
28 JUL 2025Money laundering through the markets: enhancing financial crime systems and controls for wholesale firms and trading venues
In this In Practice article the authors consider the Financial Conduct Authority’s 2025 review of money laundering through the markets.
6 MAY 2025Modernising the redress system: exploring the need for alternative processes
Following the announcement in the Chancellor’s Mansion House speech, the Financial Conduct Authority (FCA) and the Financial Ombudsman Service (FOS) on 15 November 2024 published a joint Call for Input (CFI) seeking views from stakeholders on “how to modernise the redress framework, so it better serves consumers and provides greater stability for firms to invest and innovate”. With the CFI response deadline having just passed and the FCA and FOS now reviewing responses, we outline the key issues to be addressed.
6 FEB 2025The auditor’s duty to report to the FCA when it suspects fraudulent activity
While there is some guidance on the requirement for an auditor who is performing an audit to notify the Financial Conduct Authority under certain circumstances, there remains a great deal of uncertainty as to when the threshold for reporting will be met. This In Practice article explains the key points of uncertainty and asserts the urgent need for further guidance.
22 NOV 2024Beware of regulators bearing gifts
Offering credit for co-operation in enforcement is a consistent message on both sides of the Atlantic. But as regulators dangle the co-operation carrot of speedier resolution, reduced fines, and public statements of commendation, are there pitfalls for firms?
31 JUL 2024Pooled audit: a welcome step forward, but not yet over the line …
The option to participate in collective assurance activities is welcome, but this article makes the case for more guidance from sectoral regulators and competition authorities to allow banks and their service providers to truly get comfortable.
1 SEP 2021Sanctions compliance considerations for financial institutions post-Brexit
Following the end of the transition period after the UK’s departure from the EU, the UK’s autonomous sanctions regime (under the Sanctions and Money Laundering Act 2018 (SAMLA 2018)) came into force on 31 December 2020. This regime is largely similar to the EU sanctions regime, but there are several differences which may have implications for financial institutions’ sanctions compliance programmes.
1 MAY 2021Regulatory divergence after Brexit: laying the foundations for a new UK regime
On 24 December 2020, the UK and EU finally reached agreement on a post-Brexit trade deal. As expected, and as acknowledged by Prime Minister Boris Johnson on Sunday 27 December,1 that agreement contains very limited provision for cross-border trade in financial services. On the same day, Chancellor Rishi Sunak suggested that the UK will now be able to “do things a bit differently” on financial services. This In Practice article briefly examines what that could mean for UK financial sector regulation in the near future and beyond.
1 FEB 2021Amending legacy contracts
In this In Practice piece the author considers the various approaches to documenting amendments to legacy contracts to cater for near risk-free rates.
1 OCT 2021Overview of anticipated focus areas for BBLS litigation
The government’s Bounce Back Loan Scheme (BBLS) provided small businesses with quick access to funding during the coronavirus pandemic. However, significant claims volumes are now anticipated given the combination of large numbers of applicants, standardised terms and a unique (and homogenous) application process. As collection and recovery activities begin, we consider some possible areas of focus for claims against BBLS lenders.
1 FEB 2022
