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EG 11.4 1Determining the amount of restitution

EG 11.4.1RP

1The FCA may obtain information relating to the amount of profits made and/or losses or other adverse effects resulting from the conduct of firms or unauthorised persons as a result of the exercise of its powers to appoint investigators under sections 167 or 168 of the Act.

EG 11.4.2RP

1As well as obtaining information through the appointment of investigators, the FCA may consider using its power under section 166 of the Act to require a firm to provide a report prepared by a skilled person or appoint a skilled person itself to prepare a report. That report may be requested to help the FCA to:

  1. (1)

    determine the amount of profits which have been made by the firm; or

  2. (2)

    establish whether the conduct of the firm has caused any losses or other adverse effects to qualifying persons and/or the extent of such losses; or

  3. (3)

    determine how any amounts to be paid by the firm are to be distributed between qualifying persons.