Jessica Caws
Legal Director
Jessica is a Legal Director in the Corporate Team. Jessica advises on financial services regulation.
Prior to joining Birketts LLP, Jessica studied Law and History of Art at Bristol University. Jessica then trained at and subsequently spent 12 years at a London based international law firm.
Jessica has specific experience in the investment management, private wealth and private banking sectors, although Jessica advises clients on a broad range of regulatory issues:
- She provides advice on perimeter guidance and the extent to which firms are required to be regulated in the UK, focussing on regulated activities, financial promotions and alternative investment funds. She advises clients on the extent to which they can make use of relevant exemptions and exclusions to the regulatory regime where available. Where regulation is required, she guides clients through the relevant options and can assist with the authorisation process.
- Where firms are regulated, she advises them on their day-to-day regulatory obligations including interpretation of rules and guidance, conduct of business, governance and remuneration. She has recently focussed on the Consumer Duty and the Senior Managers and Certification Regime. Jessica also assists firms with preparing and reviewing their requisite documentation such as terms of business.
- She also has significant experience in advising on the marketing of investment products in the UK, including investment funds and structured products. As part of this, Jessica regularly advises clients who are located outside the UK on approaching the UK market (including providing services cross border through making use of the overseas persons exclusion and distributing products to UK customers).
- Jessica assists with the establishment of investment funds and drafting of fund documentation, focussing on private funds for high net worth families (both regulated and alternative). She also prepares and reviews investment management and investment advisory agreements as well as fund prospectuses.
- Jessica advises private banks on their regulatory obligations, focussing on regulated mortgage and consumer credit issues, including interpretation of MCOB and CONC, as well as the relevant exclusions applying to lending activities.
- Jessica has significant experience working with family office clients and has regularly advised single and multi-family offices (both international and domestic) on establishing a UK presence.
- Jessica assists clients with financial services disputes involving the Financial Ombudsman Service. She also has experience in dealing with the FCA’s supervision and enforcement teams.
- Jessica assists firms with general financial services transactional issues, providing assistance to the Corporate team (including changes in control).
