Financial Regulation

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.