Financial Services
Key contact
MIFID, compliance, dematerialisation, Basel II, deregulation, disintermediation, removal of barriers. The financial sector is changing rapidly and radically, and the banking and insurance businesses are changing as well in response to their new economic and regulatory environment. Banks and other financial institutions, thrown into the spotlight on the world economic stage and exposed to increasingly fierce competition, must be able to adjust and anticipate. Support from experts in the legal and tax aspects of their business are crucial to their ongoing development.
With more than 80 years of experience, CMS Francis Lefebvre has been giving legal advice and assistance around the world through its offices in Europe and its CMS network (France, Germany, Italy, United Kingdom, Russia, Austria, Belgium, the Netherlands, Poland, Czech Republic, Croatia, Spain, Hungary, Serbia Montenegro, Slovakia, Switzerland, Ukraine), in South America (Argentina, Brazil, Uruguay), in Africa (Morocco), in Asia (China) and North America (USA).
Our Practice areas
Our team covers the entire spectrum of financial services. This includes a full range of services, including:
- advice in regulatory, prudential ratios and compliance matters
- representation in investigations by regulatory authorities
- assistance with the formation and management of open-ended and closed-end funds
- licensing of investment firms and portfolio management companies (standard, multi-management and alternative management)
- marketing and distribution of management and investment services
- internal reorganisation and ethics support
- insurance products linked with capital markets
- collective investment schemes (including mutual funds, open and closed-end investment companies, hedge funds, private equity funds)
- assistance to senior and subordinated financings
- pre-litigation and litigation support (civil, criminal, disciplinary)
- advice to financial advisors with respect to their rules of conduct
CMS Francis Lefebvre recent assignments have included the representation of advisory firms in the formation and offering of closed-end investment funds, development of policies and procedures for domestic and foreign broker-dealers on research and controlling analyst conflicts, independent audit of anti-money laundering procedures for an investment bank, development of written compliance policies and procedures for registered investment firms.
We represent European or US hedge funds operators as well as numerous funds marketed internationally.
Our lawyers regularly advise counsels of foreign jurisdictions with respect to the regulation of financial products and services and often participate to surveys on the scope of legal/regulatory regimes governing financial products and funds in several countries.
CMS Francis Lefebvre enjoys very close contacts with the French authorities (Banque de France, Autorité de contrôle prudentiel et de résolution, Autorité des marchés financiers, Ministry of Finance), as well as French professional associations (AMAFI, AFG, AFTI, FBF, AFIC).
Our approach:
Co-ordinating our expertise: we call on the skills of other specialists in the firm, particularly tax experts, to provide an efficient and comprehensive service that covers all banking and finance transaction and regulation issues.
Ability to handle complex matters: our team has the expertise to handle innovative cross-border transactions, involving our partners in the CMS network whenever necessary.
Providing innovative, customised solutions: we listen carefully to our clients to find the right solution to their current needs and anticipate their future ones.
Quotes 2023
Chambers Global & Europe Banking & Finance: Financial Services Regulations | CMS' recognised banking and finance practice is well equipped to act on a wide range of financial regulatory matters, including compliance, fund structuring and corporate reorganisations. The team also excels in the setting up of French payment institutions and investment entities. The lawyers have recent experience advising on post-Brexit mandates, including the incorporation of subsidiaries. |
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