Marshall and Zahabi Article on Recent FCA Greenwashing Guidance Published in ESG Clarity

ESG Clarity has published the article “FCA gets tough on greenwashing: Next steps for asset managers” written by Akin Gump litigation partners Helen Marshall and Ezra Zahabi. The article discusses the Financial Conduct Authority’s (FCA) recent disclosure requirements for asset managers focused on climate change.

The authors note that, following the implementation of these disclosure regimes, there has been ambiguity regarding how asset managers can comply with the new obligations. Without this clarity, firms risk being “critici[z]ed or held liable for the statements made, whether by regulators or investors.” Addressing this issue, the FCA has published its Guiding Principles in order to “assist firms in striking the right balance to making meaningful and clear disclosures which will satisfy a firm’s disclosure obligations,” the authors said.

The authors conclude with a specific dive into the FCA’s guidance on “greenwashing” and to summarize the three main principals of the FCA’s Guiding Principles.

To read the full article, click here.