Identification of Third Parties in FCA Notices

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Several recent UK cases have considered the extent to which third parties may be identified in public disciplinary notices issued by the Financial Conduct Authority to financial institutions. UK financial services legislation allows the regulator to refer to matters which would identify a third party, without naming that individual, in a notice provided that the regulator affords the individual certain rights. This note discusses various recent decisions and discusses the implications for regulated firms, individuals working in those firms and for the regulator.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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