FSA hits health and social care firm with £175k fine

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The FSA has fiend a health and social care services organisation £175,000 for failing to ensure compliance with share dealing provisions.

Nestor Healthcare Group was hit with the fine after the City watchdog found breaches of its Model Code in the organisations "weak" policies on how senior staff intended should get clearance to trade in the company's shares.

The statement said: "The FSA has found that the breaches occurred principally because Nestor's weak procedures allowed for this policy to be forgotten by the board.

"This, with other factors, led to purchases of Nestor shares by board members being carried out in breach of the Model Code, which lays down minimum procedural standards."

Nestor agreed to settle at an early stage of the FSA's investigation and qualified for a 30% discount on its financial penalty; without the discount the FSA would have imposed a financial penalty of £250,000.

In the period 18 October 2006 to 30 June 2010 Nestor was listed on the Main Market of the London Stock Exchange.

Nestor was required to take all proper and reasonable steps - under the Listing Rules - to secure the compliance of its persons discharging managerial responsibility with the Model Code.

Nestor did not issue any reminders about its own share dealing rules, review them or identify that breaches had occurred.

Nestor employed an informal approach to granting dealing approval and largely relied on the experience and knowledge of its directors to ensure that the appropriate compliance was met.

The FSA has said this approach was inadequate and contributed to the company's failings.

David Lawton, director of markets at the FSA, said: "The Model Code is fundamental in helping directors and senior executives protect themselves against suspicion of abusing inside information.

"Regardless of their size, the FSA expects listed companies to meet their obligations under the Listing Rules and Listing Principles and ensure that the Model Code is complied with at all times.

"Nestor's own share dealing policy fell by the wayside, which the FSA regards as unacceptable. Listed companies should ensure their practices in this area are fit for purpose."

The FSA does not allege that any of the dealings referred to in the Final Notice were based on inside information.

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