U. K. – FCA Takeover of Link Group

U. K. – FCA Takeover of Link Group

On 21 September 2022, UK FCA gave an update on its proposed enforcement action against Link Fund Solutions Ltd (LFS), following September 12 Link Group announcement to ASX.

  • Link Group statement confirmed FCA issued LFS with a draft warning notice.
  • Warning notice gives recipient an opportunity to resolve the case by agreement.
  • The draft warning notice is not a final decision; Link has 14 days to respond.
  • Unless it chooses to resolve the case by agreement within that period, LFS will have an opportunity to challenge the FCA’s findings and the enforcement action proposed.
  • Draft warning notice proposed a penalty of £50mn, before prompt settlement discount.
  • Notice also set out basis for redress payment LFS may have to pay, of up to £306mn.
  • Potential redress figure reflects FCA's current view of LFS's failings in managing the liquidity of the WEIF, but does not reflect any amount which may be owed to others.
  • FCA is aware of the potential takeover of Link Group by Dye and Durham (D&D).
  • Proposed takeover involves acquisition of 7 firms, including LFS, authorized by UK FCA.
  • D&D is required to obtain UK FCA approval to take control of these firms.
  • UK FCA is focused on ensuring the right funding is in place so affected consumers are able to access as much redress as possible; there are multiple parties under investigation in relation to the circumstances that led to the suspension of the WEIF.