Nicola Sharp assesses the matters highlighted by the FCA imposing its biggest-ever fine relating to Cum-Ex

With the Financial Conduct Authority having issued its largest financial penalty regarding Cum-Ex, Nicola Sharp wrote about the factors touched on by the case.

In her piece, which was published by Law360, Nicola explains the significance of the FCA fining the London-based brokerage The TJM Partnership £2 million in July for compliance failings linked to suspected Cum-Ex trading.

But she also details previous FCA fines imposed relating to the controversial share-selling practice and outlines the importance of a company taking appropriate advice as early as possible if it believes it is to be investigated over Cum-Ex.

Nicola summarises Cum-Ex investigations in Germany and the response of the European Banking Authority. Her article also emphasises the value of companies having procedures, systems and controls in place that are fit for purpose and able to identify and prevent all types of wrongdoing.

Nicola's article featured on Law360. (Subscription required)