The Financial Conduct Authority (FCA) has updated its Enforcement Guide, confirming it will retain the ‘exceptional circumstances’ test for naming firms under investigation.
It also outlined three situations where firms under investigation can be named after broad support for increased transparency was communicated during the consultation process. The FCA said these were: Where we're investigating suspected unauthorised financial services, or a suspected offence relating to unregulated activity, and an announcement will warn consumers or investors or help the investigation Where the fact of the investigation has been made public by the subject, an affiliated company or a regulatory body, government or public body Anonymised announcements, not naming...
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