Michael Herman
Win tickets to the ATP finals
Investment banks, law firms and others involved in takeovers should be more careful about who has access to inside information and less complacent about possible leaks, the UK’s chief financial watchdog said today.
The Financial Services Authority did not identify an appropriate number of insiders on any given transaction but said that firms should “generally be applying more vigour in deciding who needed to know about a deal.”
It added that the “number of insiders at many firms was significant” with “almost 200 at one firm on one deal.” In Barclays £47 billion bid for ABN Amro, there are 22 banks and law firms working on the deal, leaving out accountants, public relations firms and other such advisers and advisors for Royal Bank of Scotland's rival bid consortium.
The FSA, detailing the results of a six month insider trading probe, slammed firms for refusing to acknowledge that they could be responsible for information leaks.
"All of the firms we spoke to were confident that leaks of information relating to public takeovers did not originate from within their firm. Given the firms with whom we spoke included some of those who are the most active in UK public takeover deals, and given the observed price volatility on a proportion of such deals, it seems reasonable to conclude that parties were perhaps too complacent that their own internal procedures were already robust."
Last year the FSA admitted that its data showed suspicious trading activity on almost one third of UK takeovers in 2005, the most recent year its researchers have studied. The revelation sparked fears that insider trading - where people use advanced knowledge of upcoming takeovers to buy and sell shares before the rest of the market is informed - was widespread throughout the City of London.
The FSA admitted the levels of suspicious trading activity, which strongly suggest but do not prove insider dealing, were unacceptable and launched its review.
Commenting on today's findings, Sally Dewar, FSA director of markets, said the FSA had "identified a number of areas where firms could improve their handling of inside information to help reduce the level of leakage."
"All firms who handle inside information relating to takeovers should review the robustness of their own controls..and make any necessary improvements," she added.
The regulator also called on firms to improve their IT security, claiming that at many companies non-approved individuals could access sensitive information because of IT weaknesses.
In response to the widespread complacency among FSA-regulated firms about potential information leaks, the regulator called for firms to implement formal policies that would allow senior staff to investigate whether information had leaked.
It added that it was working on a statement of practice for non-regulated firms, such as law firms, accountants and PR advisers, which are beyond the FSA's remit but play a crucial role in takeovers.
This morning's review did not contain any updated information on suspicious trading in UK markets.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
The UK's leading alternative to showroom finance.
Finance packages tailored to your needs.
Minimum loan of £15,000
Car Insurance
c£100,000 + car, bonus & bens
Lord Search & Selection
Midlands
Competitive
Barclaycard
Competitive
EVERSHEDS
London and Manchester
£80-95,000
Clay McGuire Executive Selection
Moments from Battersea Park.
For sale with Winkworth.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.