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Status: You are viewing the version of the handbook as on 2019-01-01.

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 FCA 1notice of that event, and full details of that evidence in writing.

[Note: article 31(2)2, first sentence (part) and article 54(2)2, first sentence (part) of MiFID. The rest of article 31(2)2, first sentence (in so far as it relates to market operators operating an MTF or OTF2) and article 54(2)2, first sentence of MiFID is implemented by REC 3.25.1 R]

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