Regulatory

Financial services regulatory

Ashurst offers a global full advisory service to clients in the investment banking, securities, derivatives, trading platforms, private equity, fund management, corporate finance and insurance and reinsurance (both life and non-life) sectors, including:

  • obtaining new authorisations;
  • advising on cross-jurisdictional regulatory issues;
  • advising on monitoring and enforcement visits by regulators;
  • drafting client documentation;
  • advising on and drafting compliance and risk management policies;
  • regulatory aspects of product structuring;
  • regulatory aspects of multilateral trading platforms;
  • the management of regulatory capital;
  • advice on conflicts of interest in full service financial institutions;
  • MiFID-related issues;
  • liaising with regulators on specific regulatory issues affecting our clients;
  • advice on the intermediation of financial services in multiple jurisdictions; and
  • providing general advice on the legislation and regulations affecting financial services providers.

We have particular experience in a variety of specialised product sectors, including:

  • OTC derivatives;
  • structured finance;
  • UCITS funds; and
  • commodities and futures.

With an experienced team, which includes lawyers who have previously worked as in-house counsel at regulators and in Europe, Asia, Australia and the United States, we are able to offer in-depth knowledge of the issues. We are closely acquainted with the UK and US regulatory system and have good relationships with a number of regulators, including the Financial Conduct Authority, BaFin, CONSOB, the AMF, the Australian Securities and Investments Commission, the Securities and Exchange Commission and FINRA.

The regulatory team also plays an active part in shaping new regulatory and legislative frameworks. It has participated in the Joint Associations Committee's drive to create a set of principles for Retail Structured Products and continues to shape the debate in relation to the PRIPs KID. In addition, two members of the team are on the City of London Law Society's Regulatory Committee.

Cross-jurisdictional regulatory advice

We have experience in providing broad regulatory advice in relation to significant overseas jurisdictions. In particular, we have significant experience advising on cross-jurisdictional regulatory projects. We are also able to provide clients with expert advice on financial services regulation in overseas jurisdictions through Ashurst's global network of offices including in Tokyo, Sydney, Hong Kong, Dubai and Singapore as well as our European offices in Brussels, Stockholm, Paris, Milan, Madrid and Frankfurt. 

Contentious regulatory

For many years, Ashurst has acted for leading financial institutions in relation to internal and regulatory investigations and disciplinary proceedings involving financial services in the UK and across Europe. We work closely with our dedicated contentious regulatory team both pre-emptively and after an investigation or action has commenced.

Useful links

www.fca.org.uk