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Regulatory · Guide

Responding to a regulator's request for information

The response to a first information request sets the boundaries of everything that follows. Over-disclosure and under-disclosure are both costly, in different ways.

Thomas Reyes6 min read

A request for information is not yet an enforcement action, and the way it is answered has a substantial influence on whether it becomes one. Two failure modes dominate: treating the request as an administrative task to be discharged as quickly as possible, and treating it as an attack to be resisted.

Scope the request before answering any of it

Read the request against the regulator's actual statutory power. Requests are frequently drafted broadly and are not always co-extensive with the authority behind them. Establishing scope politely, in writing, at the outset is normal practice and is not treated as obstruction.

Control the disclosure set

  • Collect centrally; do not let individual departments respond directly.
  • Review everything before it leaves the organisation.
  • Identify privileged material and log it rather than producing it.
  • Keep a complete record of exactly what was produced and when.

Answer the question that was asked

Volunteering context is rarely helpful and frequently opens new lines of enquiry. Answer precisely, accurately and completely within the scope agreed — and never inaccurately, which converts a compliance question into a credibility problem.

Run the internal review in parallel

If the request suggests the regulator has identified something real, find out what it is before they tell you. An organisation that has already identified an issue and begun remediation is in a materially different position from one that learns of it in an enforcement notice.

This article is general information about the law and is not legal advice. It may not reflect the position in your jurisdiction, and it does not create an attorney–client relationship. Take advice on your own facts before acting.

Written by

Thomas Reyes

Of Counsel

Thomas advises on transaction structuring and cross-border tax, and represents clients through audit, assessment and appeal.

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