Financial Services

The financial services sector has never been more complex or fast changing. Constant innovation in technology and products and closer regulatory scrutiny are driving a need for commercially informed, practical legal advice for all players in the sector.

At Fladgate, we are experienced in a wide range of matters relating to the regulation of banking, securities and investment firms in the UK, acting both for authorised firms and those seeking advice on authorisation. Our clients include banks, broker-dealers, investment advisers, investment managers, funds, providers of online trading platforms and startups. Reflecting the breadth of the sector, we are experienced across the full spectrum of products and asset classes including derivatives, forex, contracts for difference (CFDs) and hedge funds.

We also have considerable expertise in the regulation of the marketing of investments and funds to UK investors, particularly those established in offshore jurisdictions aimed at high net worth investors.

We advise clients on PRA/FCA Handbook compliance issues and related legislation, including all relevant European law. This includes the Capital Requirements Directive, the Markets in Financial Instruments Directive (MiFID), the European Market Infrastructure Regulation, customer documentation, prime brokerage, white labelling, introducing broker, custody and other agreements and commercial documentation.

We are also experienced in advising individuals and institutions involved in regulatory investigations by various bodies and subject to regulatory action.

If you have any questions or queries please call Charles on +44 (0)20 3036 7324 or email cproctor@fladgate.com

Broad range of financial services experience across multiple industries, including hotels, tax and offshore structures, and the education sector. The level of service and support is first-class.

Chambers UK
 
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  • UK regulated bank – calculation of its Tier One capital ratios under the Capital Requirements Directive.
  • UK consultancy firm – compliance with anti-money laundering rules and processes.
  • Bank – inquiries made by various authorities as a result of the LIBOR scandal.
  • Foreign bank – transfer of its assets to a UK subsidiary using the procedures in Part VII, FSMA.
  • UK subsidiary of an Asian bank – provision of deposit/payment services across the European Union, including the use of the EU financial services “passport”.
  • Hedge funds – impact of Greek withdrawal from the Eurozone and its impact on euro-denominated assets and liabilities.
  • Foreign company – trading of “binary options” and the extent of their regulation in the UK.
  • US broker – extent of permissible securities marketing activities in the UK.
  • Banks and foreign exchange traders – legal consequences of the removal of the CHF/EUR capped exchange rate in January 2015.
  • Investment funds/hedge funds – application of the Alternative Investment Fund Managers Directive.