Financial services regulation

Penningtons Manches Cooper’s financial services group specialises in all areas of financial services regulation, compliance, disputes and enforcement. With a wealth of diverse experience in their respective fields, our lawyers are committed to delivering advice that is consistently pragmatic, commercially realistic, and technically accurate, as well as tailored to clients’ specific needs.

In-depth financial services knowledge

We support PRA and FCA authorised firms on the entire spectrum of regulatory matters, both non-contentious and contentious. Our work ranges from perimeter and financial promotion issues to complex regulatory capital advice. We have particular experience in sectors such as retail and corporate banking, retail lending (including mortgages), payments, wealth management, retail investments and fintech.

Among our clients are retail and corporate banks, private banks, mortgage lenders, consumer credit firms, wealth managers, corporate finance advisors, IFAs, insurers, insurance brokers, fintechs, crypto firms, and fund managers.

We help banks, corporates and financial institutions from outside the EEA to enter the UK and wider European markets; EU-based banks and institutions to access the UK market; and UK regulated firms to expand into other European countries. Our specialist team regularly executes high-value cross-border M&A transactions in the regulated financial services sector, handling notification and approval processes across multiple jurisdictions.

With in-depth knowledge of financial services law, regulatory trends and evolving practices, we are able to anticipate the impact changes may have on our clients’ businesses. We advise regulated firms, and senior executives in their own right, on managing their obligations under the FCA Senior Managers Regime (and where applicable the Senior Insurance Managers Regime and the Approved Persons Regime). Our advice covers compliance, recruitment, terms of employment, team moves and disciplinary matters.

They have a strong track record of seeking innovative solutions on behalf of clients.

Legal 500

Our financial services disputes team helps firms and individuals to pursue and defend regulatory based claims, and to manage investigations and enforcement actions by regulators. We have a proven track record in achieving favourable settlements through the courts and by pre-action negotiation. Drawing on the firm’s wider expertise in areas such as banking and finance, private wealth, enforcement, cyber security, data protection and international sanctions, we are able to offer value to our clients across the full spectrum of financial services sectors and markets.

We are particularly recognised for our work in the fintech sector and for assisting peer to peer debt and equity crowdfunding platforms. Where appropriate, we guide clients on structuring their businesses to operate outside the regulated financial services regime. Members of our fintech team are widely regarded as leaders in their field and are authors of authoritative guides such as the UK chapter of the Multilaw Global Guide for FinTechs (published by LexisNexis) and The Legal 500 FinTech Regulatory Guide.

How we help our clients

Regulatory perimeter and financial promotion

Cross-border financial sector marketing and sales

Major regulatory reforms, including MiFID II, EMIR, Basel 3.1, FSB TLAC, BRRD and ESG

Regulations on conduct of business, Consumer Duty, capital, client assets, reporting and controls

SMCR compliance, including preparing responsibility maps and statements of responsibility

Compliance with the E-Money and Payment Services Regulations

Drafting and negotiating commercial agreements

Regulatory change of control notifications and approvals (in the UK and overseas)

PRA/FCA information requests, investigations and enforcement actions, and skilled person reports

Compliance with financial crime legislation and assisting with investigations

Pursuing and defending claims based on regulatory breaches including group actions

Pursuing and defending claims for UK and worldwide freezing orders (including cryptoassets)

Useful resources

Recent work highlights

Regulatory body authorisations

Assisting full licence banks, start-up challenger banks, and other regulated businesses with applications for PRA and FCA authorisations.

Post-Brexit CRR requirements

Advising the UK subsidiary of an international bank on CRR requirements post-Brexit, including legal opinions in connection with the enforceability of credit risk mitigation security.

Change of control approvals

Assisting an international bank with navigating PRA and FCA change of control approval processes, including regulatory engagement, documentation and strategic compliance advice.

UK market entrance

Supporting various non-EU banks and financial institutions on their UK market entry strategies and related compliance issues.

Investment fund exit

Advising an investment fund on its successful €30 million exit from a private UK/European pharmaceutical group, including strategic and regulatory support.

Capital adequacy rules breach

Acting for the UK subsidiary of a listed multinational fintech company on an internal investigation into breaches of FCA capital adequacy rules following a whistleblowing report, liaising with the FCA and assisting with the implementation of a remediation plan.

Director investigation and removal

Running an investigatory process against several directors of a company authorised by the FCA and an overseas regulator, ensuring that their departure from the firm was carried out smoothly, through agreement, but with the appropriate notifications to the regulators.

UK-based crypto trading exchange

Providing regulatory advice to one of the first UK-based cryptocurrency trading exchanges to be fully registered with the FCA as a crypto-asset firm, including in its dealings with the FCA.

Transaction merger control

Advising on the application of UK and EU merger control to transactions, including assisting a client in the financial services sector on a phase 1 and phase 2 merger UK review, and on the merger notification and other submissions.

Fintech crowdfunding platforms

Working with a number of innovative fintech peer to peer and crowdfunding platforms from initial conceptualisation, fundraising, regulatory structuring and authorisation through to successful live launch.

Market manipulation challenge

Acting for a property investment and development group in relation to a competitor’s attempt to manipulate the market and acquire shares at an undervalue.

Bank fraud service

Assisting a national payment system operator with the commercial agreements and data compliance required to set up a payments system overlay service to help banks better combat fraud.

Director investigation and removal

Running an investigatory process against several directors of a company authorised by the FCA and an overseas regulator, ensuring that their departure from the firm was carried out smoothly, through agreement, but with the appropriate notifications to the regulators.

UK-based crypto trading exchange

Providing regulatory advice to one of the first UK-based cryptocurrency trading exchanges to be fully registered with the FCA as a crypto-asset firm, including in its dealings with the FCA.

Transaction merger control

Advising on the application of UK and EU merger control to transactions, including assisting a client in the financial services sector on a phase 1 and phase 2 merger UK review, and on the merger notification and other submissions.

Fintech crowdfunding platforms

Working with a number of innovative fintech peer to peer and crowdfunding platforms from initial conceptualisation, fundraising, regulatory structuring and authorisation through to successful live launch.

Market manipulation challenge

Acting for a property investment and development group in relation to a competitor’s attempt to manipulate the market and acquire shares at an undervalue.

Bank fraud service

Assisting a national payment system operator with the commercial agreements and data compliance required to set up a payments system overlay service to help banks better combat fraud.

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