1. Engaging with the regulator
7 November 2016
Michael adkins

2. Engaging with the regulator
Why are you here?
Money
Reputation
Disclaimer // footnote
OUT OF STEP: ADKINS IN LECTURE SCANDAL

3. The Rules

4. FOCUS ON WHAT’S IMPORTANT
THE RULES
BE PREPARED
THINK STRATGECIALLY
FOCUS ON WHAT’S IMPORTANT

5. BE PREPARED Where you are, How you GOT HERE and WHERE YOU ARE GOING
Know the process and personalities:
Divisions or Enforcement?
Self-report, caught red handed, client complaint or periodic visit?
Know:
Relevant laws, regulations, codes, internal policies and procedures
Facts
Your organisation and resources
The likely costs and risks
Disclaimer // footnote

6. Think strategically this is no time for coffee Call your lawyer
‘Advice’ to the contrary is self-serving. Everything is recorded and will be used against you.
Call your boss
You will need resources.
IT, HR, PR (any other acronyms?)
Call your insurer
Your policy is a significant asset – look after it.
Self-report, caught red handed, client complaint or periodic visit?

7. Think strategically BATTLE PLANS First Strike
Professional and prepared
Play the ball, not the man
Listen, don’t talk
Pick the right team
Hearts & Minds
We don’t regulate in a vacuum
Publicity, politics and industry groups
Have an exit plan
Self-report, caught red handed, client complaint or periodic visit?

8. WHAT’s Important TWO THINGS Money Reputation Identify the Range
Get in First. Be Imaginative
Bring it to an end

9. SPECIFIC EXAMPLES

10. Specific examples Interviews & on-sites
Prepare, prepare, prepare – policies, procedures and people
Know what’s coming
Appoint a chaperone, book a room
Have a lawyer on speed dial
Beware the guy with the bad tie

11. Specific examples Document & information requests
Identify the power – is it voluntary or compulsory?
Read the words like a lawyer. Clarify requests?
Don’t be over generous, maybe
Don’t rush it
Analyse for privilege
Read between the lines

12. Specific examples SELF REPORTING Identify the obligation
Err on the side of reporting
Take your time. Understand the problem.
Fix the problem. Quick fixes/Systemic change. Collateral damage.
Present the problem and solution. Why is this not a problem anymore?
Keep it in the Division

13. Specific examples enforcement
There is no good outcome (unfortunately) - no one has the ability or inclination to understand your position
Insurance - it may be too late
A lawyer is essential - do not believe them if they tell you otherwise
Let your lawyer kick the Commission, you focus on the facts
Cost v Benefit Analysis
Money and Reputation

15. For more information please contact:
Michael Adkins
Partner // Guernsey
t: +44 (0) // e:
These slides are a summary of the subject and are provided for use as a training tool and reference guide. They do not purport to give specific legal or other advice, and before acting, further advice should always be sought. Whilst every care has been taken in producing these slides, neither the author nor Collas Crill shall be liable for any errors, misprint or misinterpretation of any of the matters set out in them. All copyright in this material belongs to Collas Crill.

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