Key contact
Nigel Brahams
Partner - Head of Financial Services
The Team
Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.
Our Publications
Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.
Our insights
Discover the latest insights and thought leadership from our team of legal experts.
View profileAbout
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.
Nigel BrahamsPartner - Head of Financial Services
+44 20 7470 4434+44 7958 466786nigel.brahams@collyerbristow.com
Robin HenryPartner - Head of Dispute Resolution Services
+44 20 7470 4429+44 7943 503198robin.henry@collyerbristow.com
Financial regulatory work highlights
Advising a commodity derivatives platform
We advised a commodity derivatives platform, on the regulatory and commercial aspects of managing its platform. In particular we provided perimeter regulatory guidance as to whether the platform could be undertaking regulated activities in various scenarios, in order to conduct brokerage of potentially exempt products. We also had to consider whether its activities could be interpreted as operating a trading venue.
Led by:
Advising a crypto currency trading platform
We advised a central Europe-based client building a platform offering access to artificial-intelligence powered crypto currency trading tools, on UK regulation regarding ICOs and token sales.
Led by:
Advising a family office on FCA regulatory requirements
We advised a family office on the FCA regulatory requirements of operating a multi-family office, as well as advising them on SAFEs under which they were investing in two early-stage companies.
Led by:
Advising a financial research provider
We advised a financial research provider on regulatory issues of offering investment research.
Led by:
Advising a leading FX provider on their terms of business
We updated the terms of business of a leading FX provider to ensure compliance with the latest law and regulation.
Led by:
Advising on crypto trading terms of business
We advised a brokerage house introducing crypto trading offering to clients.
Led by:
Advising the funding for cross-channel information platform
We advised on the ‘Series A’ funding of a company operating a cross-channel platform for secure authentication and information exchange for the banking, government, healthcare, e-commerce sectors.
Led by:
ICO for Stablecoin project
We advised a Japanese based client on the legal and regulatory aspects in regards to raising funds via an initial coin offering (ICO) for its Stablecoin project.
Led by:
Providing advice on the Senior Managers Regime
We advised several individuals on issues relating to the Senior Managers Regime and also on personal regulatory issues.
Led by:
Providing commercial advice to a leading start-up bank
We advise a leading start-up online bank on an on-going basis on multiple commercial matters including terms and conditions, services agreements, influencer agreements and others.
Led by:
Providing ICO corporate and regulatory advice
We advised a leading provider of regulatory services in the crypto space on a range of corporate and regulatory matters, including the regulatory impact of selling initial coin offerings (ICOs) into the UK market, various block trades in crypto currencies, and assorted corporate structure matters, including debt, ICO and equity financing.
Led by:
Providing regulatory advice to a crypto market maker
We advised a crypto market maker on the regulatory aspects of doing business in the UK.
Led by:
Providing regulatory advice to a real estate research provider
We advised a leading real estate research provider on a range of regulatory and commercial issues.
Led by:
Supporting the investment into a leading AML provider
We advised on the investment into a leading AML provider in the crypto space by a venture capital fund.
Led by:
Spotlight
FinTech
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.
Spotlight
Services for brokers
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.
Quick glance: publications
Financial regulatory Publications
Financial services
An overview of our services within the financial services sector, ranging from corporate finance, lending, and restructuring, to funding, regulation, and the pursuit of high value and complex claims against financial institutions.
Financial regulatory insights
Longer Reads
How fair are new crypto financial promotion rules?How fair are new crypto financial promotion rules?
Read more
Longer Reads
FCA issues 146 alerts in first 24 hours of new crypto marketing regimeFCA issues 146 alerts in first 24 hours of new crypto marketing regime
Read more
Shorter Reads
Smart legal contracts: The common law can handle themSmart legal contracts: The common law can handle them
Read more
Longer Reads
FCA extends date of Temporary Registration Regime for existing crypto-asset businesses: next stepsFCA extends date of Temporary Registration Regime for existing crypto-asset businesses: next steps
Read more
Longer Reads
Online financial scams: Google to vet advertisers following FCA threatsOnline financial scams: Google to vet advertisers following FCA threats
Read more
Shorter Reads
Cryptocurrency exchange Binance banned from operating in the U.K. by FCACryptocurrency exchange Binance banned from operating in the U.K. by FCA
Read more
Shorter Reads
US Office of Foreign Assets Control uses blockchain technology to surveil entities behind cryptocurrency activitiesUS Office of Foreign Assets Control uses blockchain technology to surveil entities behind cryptocurrency activities
Read more
Shorter Reads
Cryptoasset firms given extra time to register as few gain authorisationCryptoasset firms given extra time to register as few gain authorisation
Read more
Shorter Reads
Credit Suisse overhauls management as it takes $4.7 billion hit on ArchegosCredit Suisse overhauls management as it takes $4.7 billion hit on Archegos
Read more
Longer Reads
Regulating Remotely – thoughts from our recent webinarRegulating Remotely – thoughts from our recent webinar
Read more
Videos
Digital assets, analogue regulation?Digital assets, analogue regulation?
Watch now
Videos
Covid-19 and the regulatorsCovid-19 and the regulators
Watch now
You might also like
Back
Need some more information? Make an enquiry below
Financial regulatory key contacts
- nigel.brahams@collyerbristow.comNigel
BrahamsPartner - Head of Financial Services
Talk to Nigel about Corporate, Digital, Financial regulatory and Private equity
Financial regulatory
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.
Key contact
Nigel Brahams
Partner - Head of Financial Services
The Team
Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.
Our Publications
Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.
Our insights
Discover the latest insights and thought leadership from our team of legal experts.
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.
Nigel BrahamsPartner - Head of Financial Services
View Nigel Brahams's profileChristian DavisonAssociate
View Christian Davison's profileJean-Martin LouwAssociate
View Jean-Martin Louw's profileLuke NaylorAssociate
View Luke Naylor's profileRobin HenryPartner - Head of Dispute Resolution Services
View Robin Henry's profileFinancial regulatory work highlights
Advising a commodity derivatives platform
We advised a commodity derivatives platform, on the regulatory and commercial aspects of managing its platform. In particular we provided perimeter regulatory guidance as to whether the platform could be undertaking regulated activities in various scenarios, in order to conduct brokerage of potentially exempt products. We also had to consider whether its activities could be interpreted as operating a trading venue.
Led by:
Advising a crypto currency trading platform
We advised a central Europe-based client building a platform offering access to artificial-intelligence powered crypto currency trading tools, on UK regulation regarding ICOs and token sales.
Led by:
Advising a family office on FCA regulatory requirements
We advised a family office on the FCA regulatory requirements of operating a multi-family office, as well as advising them on SAFEs under which they were investing in two early-stage companies.
Led by:
Advising a financial research provider
We advised a financial research provider on regulatory issues of offering investment research.
Led by:
Advising a leading FX provider on their terms of business
We updated the terms of business of a leading FX provider to ensure compliance with the latest law and regulation.
Led by:
Advising on crypto trading terms of business
We advised a brokerage house introducing crypto trading offering to clients.
Led by:
Advising the funding for cross-channel information platform
We advised on the ‘Series A’ funding of a company operating a cross-channel platform for secure authentication and information exchange for the banking, government, healthcare, e-commerce sectors.
Led by:
ICO for Stablecoin project
We advised a Japanese based client on the legal and regulatory aspects in regards to raising funds via an initial coin offering (ICO) for its Stablecoin project.
Led by:
Providing advice on the Senior Managers Regime
We advised several individuals on issues relating to the Senior Managers Regime and also on personal regulatory issues.
Led by:
Providing commercial advice to a leading start-up bank
We advise a leading start-up online bank on an on-going basis on multiple commercial matters including terms and conditions, services agreements, influencer agreements and others.
Led by:
Providing ICO corporate and regulatory advice
We advised a leading provider of regulatory services in the crypto space on a range of corporate and regulatory matters, including the regulatory impact of selling initial coin offerings (ICOs) into the UK market, various block trades in crypto currencies, and assorted corporate structure matters, including debt, ICO and equity financing.
Led by:
Providing regulatory advice to a crypto market maker
We advised a crypto market maker on the regulatory aspects of doing business in the UK.
Led by:
Providing regulatory advice to a real estate research provider
We advised a leading real estate research provider on a range of regulatory and commercial issues.
Led by:
Supporting the investment into a leading AML provider
We advised on the investment into a leading AML provider in the crypto space by a venture capital fund.
Led by:
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.
Financial regulatory Publications
Financial regulatory insights
Longer Reads
How fair are new crypto financial promotion rules?How fair are new crypto financial promotion rules?
Read more
Longer Reads
FCA issues 146 alerts in first 24 hours of new crypto marketing regimeFCA issues 146 alerts in first 24 hours of new crypto marketing regime
Read more
Shorter Reads
Smart legal contracts: The common law can handle themSmart legal contracts: The common law can handle them
Read more
Longer Reads
FCA extends date of Temporary Registration Regime for existing crypto-asset businesses: next stepsFCA extends date of Temporary Registration Regime for existing crypto-asset businesses: next steps
Read more
Longer Reads
Online financial scams: Google to vet advertisers following FCA threatsOnline financial scams: Google to vet advertisers following FCA threats
Read more
Shorter Reads
Cryptocurrency exchange Binance banned from operating in the U.K. by FCACryptocurrency exchange Binance banned from operating in the U.K. by FCA
Read more
Shorter Reads
US Office of Foreign Assets Control uses blockchain technology to surveil entities behind cryptocurrency activitiesUS Office of Foreign Assets Control uses blockchain technology to surveil entities behind cryptocurrency activities
Read more
Shorter Reads
Cryptoasset firms given extra time to register as few gain authorisationCryptoasset firms given extra time to register as few gain authorisation
Read more
Shorter Reads
Credit Suisse overhauls management as it takes $4.7 billion hit on ArchegosCredit Suisse overhauls management as it takes $4.7 billion hit on Archegos
Read more
Longer Reads
Regulating Remotely – thoughts from our recent webinarRegulating Remotely – thoughts from our recent webinar
Read more
Videos
Digital assets, analogue regulation?Digital assets, analogue regulation?
Watch now
Videos
Covid-19 and the regulatorsCovid-19 and the regulators
Watch now
Need some more information? Make an enquiry below.
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