Financial Regulation

Spain

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:

  • advising on the establishment, structuring and authorisation of financial services companies
  • the design of financial services products including the drafting of product literature, terms of business and other contractual documentation and advice on regulatory complian
  • cecorporate 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
  • advice to governments and regulators on legislation and new regulations for financial services
  • structuring of distribution for financial services particularly in the retail sector including internet trading and cross-border distributionadvice on the structuring of financial institutions including those operating under banking, insurance, ISD, e-commerce and insurance mediation passports
  • establishing investment fundsadvising and designing compliance procedures including regulatory requirements in relation to systems and controls
  • carrying out compliance reviews and investigations
  • 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)representing financial institutions in litigation and in relation to claims, including class actions by consumers 
Clients

Type of clients include:

  • retail and wholesale banks and saving banks
  • investment and private banks
  • investment services entities
  • financial credit institutions
  • fund managers - wholesale and retail investment funds
  • general and life insurers
  • insurance brokers and intermediaries
  • custodians, clearing companies and outsource providers  
Read more Read less