Financial Services Regulation

General regulatory

Our financial services lawyers support an extensive and varied client base of regulated businesses operating in and from the UK. Our clients benefit from our in depth knowledge and experience of the legal and regulatory regime which impacts financial services and products, and how firms are managed and run their businesses.

We advise on a wide range of financial services regulatory matters, including the need for authorisation, advice on general conduct of business matters, as well as advice on specialist areas. We can also support our clients in relation to investigations, disputes and disciplinary matters.

We are recognised for the breadth and quality of our regulatory advice. We regularly advise on the impact of new regulations including the evolving EU and UK Sustainability Disclosure Requirements regimes and the incoming new Consumer Duty and to name just a few. We draft and review services agreements, terms and conditions and bespoke product documentation and advise key matters such as operational resilience and outsourcing arrangements.

To support our clients we offer a topical webinar programme, briefings, bespoke in-house training as well as playing an active role in industry associations.

Regulated lending

We act for many leading private banks based in the UK, supporting them them navigate the UK’s consumer lending regulatory regime and drafting and negotiating lending and security documentation. In the regulated arena, we regularly advise on regulated mortgage contracts and the impact of MCOB, MCD and the Consumer Credit regime including  the correct classification of loan arrangements. We also provide advice in relation to events throughout the life of a loan, from initial contact with the consumer, to event driven changes and then to termination as well as arrears, forbearance and enforcement. We are often consulted to help with the review of lending procedures, policies and manuals.

Payments and e-money

We advise banks, other payment service providers and e-money institutions on the impact of regulation in this area, including the Payment Services Regulations 2017 (PSRs) and the Electronic Money Regulations 2011 (EMRs). Our work includes drafting terms and conditions covering the provision of payment services or e-money, advising on scope issues such as what is a payment account and what is e-money. We also advise payment service providers and e-money institutions on ongoing compliance with the PSRs and EMRs, including, for example, providing advice regarding safeguarding requirements in respect of e-money. Increasingly, we are providing regulatory advice to new entrants to the payments market, including emerging Fintech businesses.