Financial services regulation is in a constant state of flux. Our lawyers can help you understand and navigate regulatory change.
The Financial Services & Funds Regulation Team advises investment managers, brokers, banks and buildings societies, insurers and fintechs headquartered in the UK and internationally on UK financial services legislation, including the rules and guidance of the Financial Conduct Authority and Prudential Regulation Authority. Our lawyers further advise senior managers working within these businesses on the regulatory issues that apply to them, and also advise non-regulated clients (such as wealthy families) on the extent to which the regulatory regime impacts on them.
The Team supports clients throughout the life cycle of their business, from identifying the need to be regulated and onwards. Our goal is to build long-lasting relationships with clients, to really get to understand their business and what makes it unique. We provide practical guidance, distilling complex regulatory issues into advice that is clear, commercial and tailored to our client.
Our team regularly advise on:
- Everyday regulatory issues for regulated firms (and imminent changes). We have recently focussed on the Senior Managers and Certification Regime (including the FCA’s consultation on Diversity and Inclusion) and the Consumer Duty.
- What types of activities are caught within the regulatory perimeter (including financial promotions), including providing services cross-border into the UK.
- The regulatory options available (such as the appointed representative regime) and assisting with the authorisation process.
- The documentation required by regulated businesses, such as terms of business.
- Regulated lending, including regulated mortgages and credit agreements and the impact of MCOB and CONC.
- The launch of new investment products, including navigating disclosure regimes and distribution requirements.
- The regulatory elements of corporate transactions such as changes in control and obtaining prior regulator approval.
- The regulatory implications of establishing family offices including co-investing and club deals.
- Regulatory disputes including engaging with the relevant regulator and working on Financial Ombudsman Service complaints.
- The regulatory regime surrounding alternative investment funds and the marketing of such funds in the UK.
- The regulated funds regime and establishing regulated open-ended investment companies.