Enforcement action

Spec sheet // Glossary // ENFORCEMENT ACTIONRev 2026.10
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Glossary · Regulatory change

Enforcement action

Also called regulatory enforcement, disciplinary action

Definition

An enforcement action is a formal step a regulator takes against a firm or individual for breaking its rules. Outcomes include fines, public censure, bans from working in the industry, restrictions on business, restitution to customers and, in some cases, criminal prosecution. Most actions end in a published final notice or order.

TRIGGERINVESTIGATIONWARNING NOTICESETTLEMENT OR CONTESTFINAL NOTICE
Fig. 1 · Enforcement action
FSMA sections 66 and 206 · DEPP 6.7 · CRD Articles 65 to 67
Key rulesFSMA sections 66 and 206 · DEPP 6.7 · CRD Articles 65 to 67 · Exchange Act section 21C
Applies toFCA and PRA authorised firms and approved persons
RegionsUK · EU · US
01

How it works

Enforcement usually follows a supervisory finding, a whistleblower report, a suspicious transaction or a firm's own disclosure. The regulator opens an investigation, demands documents and interviews staff. Many cases settle. In the UK, early settlement earns a 30% discount on the financial penalty. Contested cases go to a decision-making committee and then to a tribunal or court.

Enforcement matters beyond the firm fined. Final notices set out the failings in detail and show what regulators expect of systems and controls. Compliance teams study them to test their own controls. Individuals face personal liability. UK senior managers can be fined or banned if they fail to take reasonable steps to prevent breaches in their areas.

Step 1TriggerSupervision, whistleblowing or self-reporting raises a concern.
Step 2InvestigationRegulator gathers documents, data and interview evidence.
Step 3Warning noticeRegulator sets out proposed findings and sanction.
Step 4Settlement or contestFirm settles for a discount or contests the case.
Step 5Final noticeOutcome and sanction are published.
02

The rules

UK · 1 December 2001FSMA sections 66 and 206Financial Services and Markets Act 2000, sections 66 and 206

Allows the FCA and PRA to impose financial penalties or public censure on firms and individuals that breach regulatory requirements.

FCA and PRA authorised firms and approved persons
UK · 6 March 2010DEPP 6.7FCA Decision Procedure and Penalties manual, DEPP 6.7 (Discount for settlement)

Gives a 30% discount on the financial penalty for settlement agreed during the first stage of an investigation.

Firms and individuals subject to FCA enforcement
EU · 1 January 2014CRD Articles 65 to 67Directive 2013/36/EU (Capital Requirements Directive), Articles 65 to 67

Requires member states to give authorities administrative penalties for breaches, including fines of up to 10% of total annual net turnover.

EU credit institutions and their management
US · 15 October 1990Exchange Act section 21CSecurities Exchange Act of 1934, section 21C

Allows the SEC to issue cease-and-desist orders against firms and individuals that violate securities laws, with civil penalties in administrative proceedings.

Persons violating US federal securities laws
03

Common questions

What sanctions can financial regulators impose?

Common sanctions include fines, public censure, suspension of permissions, bans on individuals, orders to compensate customers and requirements to appoint independent monitors. Some regulators, including the FCA, can also bring criminal prosecutions for offences such as insider dealing.

How long does an enforcement investigation take?

It varies widely. Simple cases can close within a year. Complex cases involving large firms or contested facts often take several years. The FCA has said it aims to run fewer cases and close them faster.

Does the FCA name firms under investigation?

Usually not. The FCA kept its exceptional circumstances test for announcing investigations after consulting on a broader public interest test in 2024 and 2025. Outcomes are published once a case concludes with a final notice.

What is the difference between a consent order and a final notice?

A consent order is a US term for a settlement in which the firm agrees to sanctions and remedial actions without a contested hearing. A final notice is the UK document in which the FCA or PRA publishes the outcome of a case, settled or not.