Fladgate
Flatgate
Flatgate
Kate Troup

Kate Troup

Partner

Kate is a financial services regulatory lawyer with particular expertise in the investment management and private banking sectors. She advises both UK based firms and overseas firms who wish to provide investment, payment and banking services in the UK market.

About

I particularly enjoy the fact that my advice covers the full lifecycle of a regulated firm. My relationship with a client often starts with advising them about whether or not they require FCA or PRA authorisation and, if they do, I assist them in preparing and submitting applications for FCA or PRA authorisation, variations of permissions and change of control applications.

Once they are authorised I advise regulated firms on their conduct of business requirements including the contents of their client documentation, financial promotions to clients or potential clients, anti-money laundering rules and suitability requirements. I also advise them on their internal obligations such as the senior managers and certification regime and the obligations the firm owes to the FCA, such as the FCA’s principles for business and the FCA’s reporting requirements.

I also advise regulated firms on their regulatory obligations when they are sold or wound up. Although firms hope this will not happen too frequently I also help them when they have customer complaints (including Financial Ombusman claims) or face FCA investigations or enforcement action.

I am recommended in Legal 500 for my advice to the investment management and private banking sectors.

When I am not working or making the most of London’s restaurants and cultural life I love being outdoors with my family, particularly walking on Dartmoor and swimming off Cornish beaches.

Expertise

We provide practical solutions in contentious and non-contentious situations involving financially distressed businesses through our corporate restructuring and insolvency group. The team advises insolvency practitioners, banks, other lending institutions, stakeholders, troubled companies, directors and individuals on a variety of corporate insolvency-related issues.

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We’re experienced in coordinating multi-jurisdictional teams to manage our clients’ needs around the globe and have good links with a number of firms in the main crypto-friendly jurisdictions. We combine our lawyers’ experience with that of the most appropriate local law firm. This enables us to provide our clients with advice from specialists with the most relevant experience in each jurisdiction, delivered in a collaborative way.

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Our dedicated Funds team offer our clients a full range of legal services from a fund’s inception right through to its dissolution or disposal, including potential restructuring and consideration of exit strategies.

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Experience

  • Advising a leading wealth manager on the restructuring and updating of its full suite of client agreements, including investment management, advisory, ISA and execution-only and custody agreements.
  • Advising a private bank in relation to their regulated lending activities, covering both regulated credit agreements and regulated mortgage contracts. I also advised them on the impact of the FCA and PRA rules on their deposit taking activities and payment services activities and I wrote their bank account terms and conditions
  • Providing regulatory Fintech advice to crowd funding and peer to peer lending platforms, including writing their customer agreements
  • Advising a Swiss private bank in relation to its application to obtain a deposit-taking licence for its UK subsidiary;
  • Advising payment services firms about the FCA’s payment services regime. I have also advised non-regulated firms on the perimeter of where payment services authorisation is required (including successfully challenging the FCA’s unauthorised business team on two occasions).

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