Eva Dauberton
News Editor
PwC fined £15 million by FCA for failure to report fraudulent activity
The Financial Conduct Authority (FCA) has fined PricewaterhouseCoopers LLP (PwC) £15 million for failing to report their reasonable belief that London Capital & Finance plc (LCF) might be engaged in fraudulent activity. This is the first time the FCA has fined an audit firm.
Context
PwC was LCF’s statutory auditor from 8 September 2016 to 17 October 2017. During this period, LCF did not cooperate with PwC, acted aggressively towards PwC's auditors, and provided inaccurate and/or misleading information. Given these issues, PwC reasonably believed LCF might be involved in fraudulent activity.
According to the FCA order, PwC should have reported its reasonable belief, along with the relevant facts and details, to the FCA under the Financial Services and Markets Act 2000 (Communications by Auditors) Regulations 2001 (SI 2001/2587) (the Reporting Regulations).
LCF went into administration in January 2019 and the Serious Fraud Office has an open criminal investigation into the failure of LCF.
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HKMA issues circular on consumer protection and GenAI use
The Hong Kong Monetary Authority (HKMA) has issued a circular addressing consumer protection in relation to the use of Generative Artificial Intelligence (GenAI).
This circular serves as an extension to the guiding principles outlined in the November 2019 circular: Consumer protection in respect of use of big data analytics and artificial intelligence by authorised institutions (2019 BDAI Guiding Principles).
The new set of principles is designed to ensure that proper measures for consumer protection are established when GenAI is employed for customer-facing applications. These principles fall under the existing categories of governance and accountability, fairness, transparency and disclosure, as well as data privacy and protection.
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SEHK consults on expansion of the paperless listing regime
The Stock Exchange of Hong Kong Limited (SEHK) has released a consultation paper on proposals to expand its paperless listing regime.
Some context
The paperless listing and subscription regime, first implemented in July 2021, reduced the physical display of documents by requiring listing documents to be published solely in electronic format and mandating online electronic channels for subscriptions. In December 2023, SEHK further expanded the regime by reducing the required documentation submitted to the exchange and mandating electronic dissemination of corporate communications by listed issuers to securities holders.
Key takeaways
Key proposals include:
- Electronic securities holders' instructions.
- Real-time electronic payment of Corporate Action Proceeds.
- Electronic subscription monies.
- Hybrid general meetings and e-voting.
- Web accessibility of issuers' corporate communications.
The SEHK also proposes to remove of the exemption allowing Mixed Media Offers (MMOs). Considering that this would require amendments to the Companies (Exemption of Companies and Prospectuses from Compliance with Provisions) Notice, the Securities and Futures Commission (SFC) is also seeking feedback on this proposal.
Next steps
The deadline for feedback is 18 October 2024.
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SFC proposes removing mixed media offers exemption
The Securities and Futures Commission (SFC) has launched a consultation on proposed amendments to the Companies (Exemption of Companies and Prospectuses from Compliance with Provisions) Notice to eliminate the exemption allowing Mixed Media Offers (MMOs). This means that equity or debt securities issuers will no longer be permitted to issue printed application forms accompanied by electronic prospectuses.
In related news, the Stock Exchange of Hong Kong Limited (SEKH) has also released a consultation paper on proposals to expand its paperless listing regime.
Some context
An MMO refers to an offer of shares or debentures of a company listed or to be listed on SEHK. It allows the distribution of a printed application form without an accompanying printed prospectus, subject to specified conditions, such as making an electronic prospectus available on the required website.
Following the implementation of the paperless listing and subscription regime in 2021, MMOs have become obsolete, and no issuers have adopted them. The SFC believes that the exemption no longer serves a practical purpose and that its removal will not impact the interests of the investing public.
Next steps
The deadline for feedback is 18 October 2024.
Click here to read the full RegInsight on CUBE’s RegPlatform