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Financial Conduct Authority - Guidance for Insolvency Practitioners on how to approach regulated firms (January 2020)

 

The FCA are consulting on non-handbook guidance for insolvency practitioners ('IPs') on how to approach insolvencies of regulated firms. The proposed guidance aims to help IPs comply with our rules and guidance and relevant legislation which aim to achieve better outcomes for consumers and market participants following the failure of a regulated firm.

The proposed guidance for IPs is welcomed. We consider Annex 1 and Annex 2 to be useful and informative for all IPs, and their staff, when dealing with the insolvencies of regulated firms.

Whilst the guidance is welcomed, we do highlight a number of areas where a tightening of the guidance may avoid confusion for stakeholders and IPs and may more accurately reflect what is practically possible in insolvency situations, which we address in our response available for download below.

 

 

 

Downloads

2021.01.18. FCA. FINAL - Size: 279Kb Download
Annex 1 Draft guidance for insolvency practitioners on how to approach firms authorised under FSMA - Size: 982Kb Download
Annex 2 Draft guidance for insolvency practitioners on how to approach payments and e money institutions - Size: 607Kb Download

18 January 2021

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Ben LuxfordBen Luxford
Head of Technical
020 7566 4218
Moira FitzpatrickMoira Fitzpatrick
Technical Manager
020 7566 4210
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