Having invested significant efforts in dealing with investment mis-selling-related complaints in the immediate aftermath of the 2008 Global Financial Crisis, the SFC has continued to be active in investigating and disciplining entities and individuals within its legal and regulatory remit across a range of alleged financial sector disciplinary infractions. This course outlines the legal and practical considerations when dealing with the SFC’s disciplinary processes, as well as trends in the SFC’s use of its disciplinary and other legal powers.
Highlights of the course include:
- SFC Investigation process: a brief overview
- Disciplinary process, including:
- Notices of Proposed Disciplinary Action
- Settlements and “plea bargains”
- Timeline and strategic considerations
- Potential for judicial review?
- The SFC’s disciplinary powers, including:
- Scope of application to institutions and individuals
- Range of penalties available to the SFC
- Trends and recent case studies of the SFC’s use of its disciplinary powers
- Additional “tools” at the SFC’s disposal and examples of their use, including:
- Criminal prosecutions
- Market Misconduct Tribunal proceedings
- Civil proceedings to recover illegal gains etc
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