REC 2.13 Promotion and maintenance of standards

In determining whether a UK recognised body is able and willing to promote and maintain high standards of integrity and fair dealing in the carrying on of regulated activities, the FCA4 may have regard to the extent to which the UK recognised body seeks to promote and encourage, through its rules, practices and procedures, conduct in regulated activities which is consistent with the Code of Market Conduct (see MAR 1) and with any other codes of conduct, rules or principles relating to behaviour in regulated activities which users of the UK3 financial system would normally expect to apply to the regulated activity and the conduct in question.

In assessing the ability of a UK recognised body to cooperate with the FCA4 and other appropriate bodies, the FCA4 may have regard to the extent to which the constitution and rules of the UK recognised body and its agreements with its members enable it to obtain information from members and to disclose otherwise confidential information to the FCA4 and other appropriate bodies.

In assessing the willingness of a UK recognised body to cooperate with the FCA4 and other appropriate bodies, the FCA4 may have regard to:

1. (1)

   the extent to which the UK recognised body is willing to provide information about it and its activities to assist the FCA4 in the exercise of its functions;

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2. (2)

   the extent to which the UK recognised body is open with the FCA4 or other appropriate bodies in regulatory matters;

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3. (3)

   how diligently the UK recognised body investigates or pursues enquiries from the FCA4 or other appropriate bodies; and

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4. (4)

   whether the UK recognised body participates in appropriate international fora.

For the purpose of this section, 'information' includes information held about large positions held by members of a UK recognised body.