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In its first enforcement action for a breach of the Short Selling Regulation (SSR), the UK Financial Conduct Authority (FCA) has imposed a fine of £873,118 on Asia Research and Capital Management Ltd (ARCM). The fine relates to ARCM’s failure to notify the FCA and to disclose to the public its net short position in Premier Oil plc, as required under the SSR. In our latest briefing, we explore the nature of ARCM’s breaches leading to the enforcement action, and discuss key learning points for firms going forward.

The UK Financial Conduct Authority (FCA) has announced a ban on the sale of crypto-derivatives and exchange traded notes (ETNs) that reference certain types of crypto-assets (crypto-ETNs) to retail consumers. Firms who carry out marketing, distribution or selling activities in or from the UK of the relevant products to retail clients, will need to comply with these rules by 6 January 2021.

On 16 September 2020, Ted MacDonald (Advisor in Wholesale Bank Supervision) and Olivia Fahy (Lead Associate in the Conduct Specialists Department) from the Financial Conduct Authority (FCA) joined experts from Baker McKenzie to discuss the potential conduct and culture challenges of working in the current and post COVID-19 environments.

On 3 July 2020, the FCA published a Decision Notice against Conor Foley, former WorldSpreads CEO, proposing to fine him £658,900 for market abuse and ban him from performing any roles linked to regulated activity. This decision highlights the FCA’s continued focus on market abuse cases involving market manipulation, and serves as a reminder that the FCA is determined to continue pursuing complex and difficult cases involving false and misleading statements.