Financial regulatory

Enabling you to pursue your commercial objectives with certainty

Organisations operating in the financial services sector now face an unprecedented level of scrutiny from the increasingly powerful Financial Conduct Authority (FCA), the regulator seeking to ensure transparency and fairness in the industry. No business can afford to ignore the widening regulatory net which brings severe monetary and reputational consequences for non-compliance. In these challenging market conditions, you should be supported by an expert team which can help you take advantage of new opportunities, respond swiftly to regulatory change and put your business in a position where you can pursue your commercial objectives with certainty.

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Nigel Brahams
Partner - Head of Financial Services
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ENABLING YOU TO PURSUE YOUR COMMERCIAL OBJECTIVES WITH CERTAINTY

Our Financial regulatory team specialises in advising financial services, Fintech, Regtech and broader technology-based companies, from start-ups to mature businesses, on all aspects of their regulatory requirements from inception and throughout their lifecycle.

As well as providing our clients with general perimeter guidance, we have specific expertise advising businesses in compliance with MiFID II and in the compliance requirements (covering both corporate and employment law) of the Senior Managers and Certification Regime (SMCR).

We have extensive experience advising FCA regulated brokerage firms, providing guidance on OTC & Exchange traded derivatives and brokerage, including ISDA Master Agreements, terms of business and brokerage documentation. We also work closely with trading and communications platforms, litigation funders and those operating in the peer-to-peer market.

Our team also has a special focus on the regulatory aspects of Initial Coin Offerings (ICOs), in particular, whether they are inside or outside the perimeter of regulatory activity. Should we conclude that your ICO is a regulated security or investment, we are able to support applications to the regulator or work with you to find an authorised firm to provide you with a regulatory hosting umbrella.

We have a strong understanding of the markets you operate in and the regulatory challenges you come up against. By integrating with your team and becoming familiar with the intricacies of your business, we can assist you in navigating the regulatory landscape in a way that supports your wider commercial objectives and moves your business forward.

SPOTLIGHT

FinTechopen

Our practice advises a diverse client base including challenger banks, peer-to-peer e-payment vehicles, Forex companies and those utilising Blockchain technology and cryptocurrencies.

We regularly advise companies and projects looking to raise funds via Initial Coin Offerings (ICOs) and Security Token Offerings (STOs) in regard to UK law and FCA regulation and the contractual relationship between those offering the token and the token holder. We have particular expertise advising on corporate, commercial, data protection, and intellectual property issues and resolving disputes.

We understand that, in this space, simple is better. We keep our approach light touch, focusing only on what needs to be done to secure the best result as quickly as possible, freeing you up to focus on the progression of your business.

Services for brokersopen

Wide-ranging legal and regulatory guidance to help Broker Dealers, including stockbrokers, interdealer brokers, FX, CFD, crypto and commodities brokers deal with regulation and legal risk and documentation.

In the UK, activities of Brokers are tightly regulated by the UK FCA and FSMA and EU regulations grandfathered into local law. environment. From the way you document derivatives trades to the way you communicate potential investment opportunities, everything is tightly controlled by several rules that affect how you do business. At the same time, customers and counterparties are increasingly litigious. Disputes around misselling are becoming more commonplace, and allegations of misconduct can result in liability more readily than in the past. We help our clients understand what is permitted and what they can and cannot do.

Pragmatic solutions from a specialist team

Our broker practice is partner-led and supported by specialist lawyers with extensive hands-on experience gained working in brokerage and capital markets. We can advise advising brokers on a wide range of issues, covering regulation, deal documentation, employment and litigation.

While other lawyers may overcomplicate the legal and regulatory framework, we focus on what’s important. We aim to handle every matter pragmatically, providing concrete solutions for our broker clients, based on our real world experience of working not just in law firms but for investment banks and brokers.

Select areas of expertise

We offer a full spectrum of services for brokers who trade in equities, debt, currency, commodities, contracts for difference, cryptocurrencies and derivatives.

Regulatory and compliance: We assist with all aspects of regulation and compliance including perimeter guidance, financial promotions and the FCA Handbook.
Documenting Transactions: Additionally, we advise on terms of business, introducing broker agreements, appointed representative agreements as well as derivatives master agreements (ISDA, GMRA, MSLA etc).
Disputes: Our seasoned dispute resolution team handles the most significant matters facing financial brokers including claims for misselling, professional negligence and contractual disputes. We also assist with regulatory investigations.
Employment law and general business: We can help you set up brokerage documentation, employment contracts and compliance policies, as well as manage everyday employment issues, internal investigations and disciplinary proceedings. We also conduct employment tribunal hearings and settlement negotiations.
Data privacy: FCA-regulated brokers have a duty to be responsible when handling client data and control their activities through adequate risk-management systems. Our specialists in data privacy law can help you build GDPR-compliant practices and respond appropriately to any breach.