The CMS Financial Services Sector Group provides specialist advice on the regulation of financial institutions and financial services.
Services
Financial institutions in Europe operate in a complex regulatory environment based on extensive EU legislation. We advise on international, European and national legislation (and self-regulatory codes) regulating financial institutions and financial services including all aspects of the regulatory regime for banks, insurers and investment services. The Sector Group undertakes a wide range of assignments where regulation is important including:
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advising on the establishment, structuring and authorisation of financial services companies
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the design of financial services products including the drafting of product literature, terms of business and other contractual documentation and advice on regulatory compliance
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corporate transactions involving regulated businesses including acquisitions and disposals, joint ventures including the structuring of transactions to obtain necessary regulatory approvals and compliance with a range of regulatory requirements including capital adequacy
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advice to governments and regulators on legislation and new regulations for financial services
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structuring of distribution for financial services particularly in the retail sector including internet trading and cross-border distribution
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advice on the structuring of financial institutions including those operating under banking, insurance, ISD, e-commerce and insurance mediation passports
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establishing investment funds
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advising and designing compliance procedures including regulatory requirements in relation to systems and controls
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carrying out compliance reviews and investigations
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representing clients during enforcement and disciplinary proceedings brought by financial services regulators (including negotiating settlements and remedial programmes/compensation) and in relation to other prosecutions (insider dealing, money laundering)
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representing financial institutions in litigation and in relation to claims, including class actions by consumers
Clients
Type of clients include:
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retail and wholesale banks and saving banks
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investment and private banks
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investment services entities
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financial credit institutions
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fund managers - wholesale and retail investment funds
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general and life insurers
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insurance brokers and intermediaries
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custodians, clearing companies and outsource providers