Home >
Law >
Banking / Finance >
Financial Services: Authorisation, Supervision and Enforcement

Financial Services: Authorisation, Supervision and Enforcement A Litigator's Guide

Author: Jonathan Russen
Publisher: Oxford University Press
ISBN: 9780199296651
Published In: June 2006
Format: Hardback , 432 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

Draws upon the author's own experience in litigation to provide real practical advice
Thematic approach provides a readable and easy to navigate book.
Explains the relevant processes and highlights emerging principles from current case law.
Contains extensive cross-referencing to secondary legislation and summaries of the rules contained within the FSA Handbook and relevant statutory instruments
Includes up-to-date case law (such as a discussion of the Legal & General litigation) as well as recent changes in the FSA's procedures
Appendix containing the principal statutory provisions discussed in the bookprovides the reader with a self-contained manual on the topics addressed within it

Financial Services: Authorisation, Supervision and Enforcement

provides litigators and compliance advisers with an understanding of the powers available to the Financial Services Authority in the context of the regulatory regime established under the Financial Services and Markets Act 2000. It also clearly sets out the processes for authorisation and examines the meaning of 'regulated activity'.

The text comprehensively explains the investigatory powers, sanctions and remedies available to the FSA, and the procedures applicable to their exercise, giving invaluable assistance to those advising and representing firms in proceedings involving the FSA. All such proceedings are considered, whether they take the form of an FSA investigation, disciplinary proceedings involving the Regulatory Decisions Committee or the Financial Services and Markets Act Tribunal, civil proceedings in the High Court, or a criminal prosecution.

Russen not only makes extensive reference to the detailed provisions of the FSA Handbook, but also addresses, where appropriate, particular issues of practice and procedure that are likely to have an impact upon FSA investigations and any civil or criminal proceedings instituted by the FSA. In addition to its detailed treatment of the procedure governing action and litigation by the FSA, the book contains chapters on the authorisation process and on the substantive law (including complex secondary legislation) relating to money laundering, market abuse and financial promotions. Each of these areas is at the heart of the FSA's role as the single regulator of the financial markets in the UK and has been the subject of recent and substantial change both internally and as result of European developments.

The powers of the FSA and the procedures relating to enforcement and litigation in this area are examined in the context of the authorisation rules and ways in which authorised entities may commit regulatory offences.

Readership: Solicitors and barristers in private practice and in house at financial institutions advising financial services providers on FSA regulation and enforcement. Compliance officers at investment firms and regulatory bodies.

Introduction

1: Regulation through Authorisation, Requirement and Approval

2: Mainstream and Regulatory Offences

3: The FSA's Powers of Investigation

4: Criminal Prosecutions by the FSA

5: Civil Liability and the Remedies and Sanctions Available to the FSA and Investors

6: Market Abuse

7: The FSA's Control of Money Laundering

8: Restrictions upon Financial Promotions

9: Practice and Procedure

10: Independent Challenges to the FSA's Actions

11: The Financial Ombudsman Service