The regulatory environment is increasingly complex and often challenging for regulated businesses.
In these latest guides, Daniel Maine provides to-the-point overviews of several important aspects of JFSC investigations, and how companies should work with the regulator if they come under investigation.
Our unrivalled multi-disciplinary regulatory team advises across the spectrum of regulatory work, from front-end regulatory advice on the corporate and fund formation side, to advising on contentious regulatory matters and economic crime issues. Clients benefit from our wide-ranging expertise, including that of counsel Daniel Maine who spent nine years working at the Financial Conduct Authority, and James Angus who is authorised to accept instructions as external counsel to the Economic Crime and Confiscation Unit.
If you would like further support in this area, please get in touch.
The new failure to prevent money laundering offence: what are
Jersey businesses required to do?
With effect from 24 June 2022, Jersey has introduced a new offence under Article 35A of the Proceeds of Crime (Jersey) Law 1999 of failing to prevent money laundering.
From that date, if a business is connected to certain persons who are engaged in money laundering, the business is itself at risk of committing a criminal offence unless it can demonstrate that its AML policies and procedures (both on paper and in practice) were nonetheless fit for purpose.
This briefing suggests a few practical tips that businesses might consider in order to help minimise the risk, read it here.
Top ten tips for dealing with regulatory investigations
In this infographic, we share our top ten tips for dealing with regulatory investigations. Download it here.
Snapshot: how does the JFSC gather information - and is it
protected?
In order to discharge its functions effectively the JFSC requires a broad range of information, which often comes from the very firms it regulates. Much of that information will be confidential (if not commercially sensitive), meaning firms will want to understand whether it is protected in the JFSC's hands. Read more.
Snapshot: being open and cooperative with the JFSC - what does it
involve and why does it matter?
The significance that the JFSC places on compliance with the duty of candour is clear from various disciplinary outcomes over time, and it is therefore important that firms have a good understanding of what this duty requires of them. Read more.
Snapshot: overview of JFSC's enforcement powers
While regulated firms are committed to ensuring that they comply with their legal and regulatory obligations, there is inevitably a risk that issues of potential concern to the JFSC will arise. The JFSC has a broad set of tools that it can use to address such risks and any misconduct. Read more.
Snapshot: the JFSC's decision-making process and challenging
JFSC decisions
If a firm or individual finds itself the subject of JFSC action, it is important to understand the JFSC's decision-making process. This will help you to identify and make best use of the opportunities to put your case across to the JFSC, potentially influencing what (if any) action it takes. Read more.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
