Content Options

Content Options

View Options

Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

You are viewing the version of the document as on 2012-12-13.

Status: In this content, we have included all amendments made by EU exit-related instruments up to end September 2020. There will be more amendments to be made later this year, further to the September QCP.

REC 3.21 Criminal offences and civil prohibitions

REC 3.21.1RRP

Where a UK recognised body has evidence tending to suggest that any person has:

  1. (1)

    been carrying on any regulated activity in the United Kingdom in contravention of the general prohibition; or

  2. (2)

    been engaged in market abuse; or

  3. (3)

    committed a criminal offence under the Act or subordinate legislation made under the Act; or

  4. (4)

    committed a criminal offence under Part V of the Criminal Justice Act 1993 (Insider dealing); or

  5. (5)

    committed a criminal offence under the Money Laundering Regulations;

it must immediately give the FSA notice of that event, and full details of that evidence in writing.

[Note: Article 26(2), first sentence (part) and Article 43(2), first sentence (part) of MiFID. The rest of Article 26(2), first sentence (in so far as it relates to market operators operating an MTF) and Article 43(2), first sentence of MiFID is implemented by REC 3.25.1 R]