Business Legal Services
Regulated Banking & Finance Activities
Rely on our solicitors to help you strategically navigate regulated banking and finance activities.
Our solicitors are experts in a full range of financial services laws and regulations, including all aspects of regulation applying to financial investments. They also have experience in working on complex cross-border projects in the financial sector.
We advise extensively on the interaction between new and emerging technologies and financial regulation, and we are highly experienced in advising clients operating and innovative business models in the fintech sector to more traditional securities services products. Our solicitors have expertise in advising on various regulatory issues including:
- Queries relating to Financial Services and Markets Act 2000 & Regulated Activities Order (RAO)
- FCA application process, Appointed Representative.
- Digitisation and tokenisation initiatives in securities services
- AML, Bribery, Proceeds of Crime Act.
- UK implementation/on shoring of European law, such as AIFMD, UCITs, SRD 2, BRRD II, MiFIR, SFTR.
- Regulatory and transactional advice on all aspects of securities services, including custody arrangements, identification and segregation of client money and assets, CASS compliance, COBs compliance.
- ESG horizon scanning, planning
What we do
Banking & finance regulatory and legal advice
Our solicitors advise on various aspects of banking and investment firm regulation and market standard transaction documentation.
We can provide legal and regulatory advice on a wide range of regulated banking and finance activities including custody, repo, depository, securities lending and collateral management transactions. If you are a new company planning to work with existing banks or financial institutions active in securities services, we can work with you to help you develop your business plans and your systems and processes. Our solicitors have experience working with a range of institutions from entrepreneurial start-ups to major banks, and providing thought leadership to industry bodies on securities services.
Custody
If you are a financial institution providing custody services or intending to, or providing, services to a bank or financial institution providing such services, you will likely need to consider client money rules, CASS rules, and assess your fiduciary duties. If you are safeguarding assets, or act as a custodian or depositary we can help you with drafting or review of agreements, regulatory advice, including relating to temporary permissions regime, UK regime for UCITS & AIFs, financial collateral arrangements, CASS rules, as necessary.
You may need to consider COBs rules will be relevant if your firm carries on designated investment business (accepting deposits, structured deposits or issuing e-money) from an establishment in the UK.
If you are a digital asset, crypto asset provider, we can help you (i) navigate the UK’s custody regulatory framework and understand the extent to which these rules could apply to you; (ii) help you determine if the assets you propose to trade are regulated, for example, if they are considered financial instruments.
Securities Lending
We can help with review of market standard documentation such as Global Master Securities Lending Agreement (2010 & 2018), ancillary documentation like delegation agreements, and advise on regulatory compliance, including UK SFTR, DTRs. We can also advise on ESG, corporate actions, shareholder reporting, voting, as required.
Collateral Management
Our solicitors can advise on various collateral management arrangements with banks and financial institutions, account control agreements, pledge arrangements. We can help negotiate collateral management documentation with other banks and financial institutions and advise on regulatory issues such as reporting, corporate actions, uncleared margin rules, data protection.
If you are a company new to this field and planning to work with existing custody banks or financial institutions, we can work with you to help you develop your business plans and advise on regulatory compliance.
Our banking and finance solicitors work closely with our corporate and commercial teams to cover all aspects of your transaction, so the legal work is seamless whatever the nature of the transaction.
Who we help
Businesses exploring the regulatory implications of innovation
Our financial regulatory solicitors advise many different individuals and organisations. For example, we could offer cost effective solutions focussed advice if you are:
- Overseas and on shore companies looking to offer financial services in the UK
- Banks and financial institutions seeking regulatory advice
- Fintech companies offering or planning to offer regulated or ancillary services to other banking or financial institutions
- If you need transactional or regulatory advice for securities services, including securities lending, collateral management, or custody transactions
Meet our team
Why choose our banking and finance solicitors?
Our financial services specialists have deep industry knowledge, have worked in top law firms and financial institutions, have worked across the spectrum of new and innovative start-up companies and regulated entities and banks and provided thought leadership in their respective fields, working with banks, other advisors and industry bodies. They have a practical understanding of the financial services industry and deep technical knowledge which they will bring to bear on your transaction.
Testimonials
What our clients say
Experience of your team and how they make it simple to understand the options and what is required.
Value for money.
Paul Smith
COO,
Incuto
Our Extend plan with Harper James allows our in-house counsel instant access to specialist support. We relied on their valued guidance to get us through the acquisition process with accuracy and confidence.
Alison Conway
Senior Advisor,
Trust Payments
As a young and growing fintech company, there have been a number of legal matters that we have needed to manage; such as client contracts, employment contracts and fund raising from investors. We’ve used Harper James for around a year and they have provided us with very valuable support through several lenses, not least in our funding round in late 2017, where we raised £1million and Harper James managed the legal side of the transaction. We recommend them without hesitation.
Gareth Morgan
Chief Risk and Compliance Officer,
Delio
Experience of your team and how they make it simple to understand the options and what is required.
Value for money.
Paul Smith
COO,
Incuto
Our Extend plan with Harper James allows our in-house counsel instant access to specialist support. We relied on their valued guidance to get us through the acquisition process with accuracy and confidence.
Alison Conway
Senior Advisor,
Trust Payments
As a young and growing fintech company, there have been a number of legal matters that we have needed to manage; such as client contracts, employment contracts and fund raising from investors. We’ve used Harper James for around a year and they have provided us with very valuable support through several lenses, not least in our funding round in late 2017, where we raised £1million and Harper James managed the legal side of the transaction. We recommend them without hesitation.
Gareth Morgan
Chief Risk and Compliance Officer,
Delio
Complete solutions
Experts in financial services regulation
In addition to supporting you across key areas of regulated banking and finance activities, our team can assist with:
Pricing and service plans
Legal support designed
to fit your business needs
Our three transparent service plans are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:
Engage
Flexible access to senior solicitors at highly competitive rates
An alternative to our subscription plans, offering access to full service legal expertise on a project-by-project basis.
Enable
Purpose built legal support for start-ups and smaller businesses
Monthly subscription plan for £215 per month, with £145 monthly credit and access to all legal services at 50% discount on our Standard Rates.
Extend
Comprehensive legal partnership for established businesses
Fully account managed and scalable annual subscription plan with support from a curated team of partners and senior solicitors, with up to 34% discount on our Standard Rates.
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