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Lloyd's Maritime and Commercial Law Quarterly

THE NOT SO COLLECTIVE INVESTMENT SCHEME

Hans Tjio*

FCA v Capital Alternatives
Asset Land v FCA
The law is not as neutral as the financial jungle wants it to be. The age of contractarianism has passed somewhat due to the excesses culminating in the Global Financial Crisis, with one of the earliest shots, it will be suggested below, fired against the characterisation of a company charge as fixed rather than floating. At a higher level, both the UK Prudential Regulatory Authority and Financial Conduct Authority (“FCA”) (successors to the Financial Services Authority: “FSA”) have released policy statements on the need to address firm culture, not just with banks but also other financial institutions such as insurance companies.1 Where enforcement is concerned, the FCA has recently brought a number of cases against operators for carrying on the business of running a collective

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