Banking & Finance Regulation

The firm has developed a strong expertise in banking and financial regulation, regulatory compliance, regulatory risk management, regulatory litigation and regulatory transactions.

The Banking & Finance Team handles complex matters, and is recognised for its ability to organise and draft technical documentation, involving several regulatory fields.

The Team has extensive experience in assisting  clients in the creation, transformation and acquisition of regulated entities, including in dealing with supervisory and regulatory authorities.

The team handles both national and international matters.

Its fields of expertise include:

(credit institutions, investment firms, payment institutions, electronic money institutions, digital asset service providers, insurers and financial intermediaries)
  • Management of all approval, authorisation and registration processes with the regulator(s) and authority(ies) concerned (approvals, changes of status, etc.),
  • Analysis of complex activities and structures with regard to monopolies,
  • Governance and internal control systems,
  • Contractual documentation (subcontracting agreements, delegations, partnership agreements, etc.), drafting and reviewing procedure manuals,
  • Assistance with the implementation of compliance measures (anti-money laundering, anti-corruption, etc.), rules of good conduct and their implementation (complex remuneration schemes, best execution, etc.),
  • All prudential issues,
  • Restructuring, business transfers and closures.
  • Marketing of the products and services offered (regulations applicable to the distribution of these products and services, offers to the public, canvassing, advertising, dematerialised processes, structuring of distribution networks, etc.),
  • Retail banking activities: all matters relating to banking and financial services for retail customers (consumer law, contractual and commercial documentation, remote service offerings, deposit accounts and associated payment services, consumer credit, home loans, etc.),
  • Drafting contractual documentation relating to financial products and services,
  • Structuring and drafting documentation for over-the-counter market transactions (securities lending, repurchase agreements and financial collateral arrangements).
This include:
  • Collective investment management (authorisation of management companies, distribution agreements, advisory agreements, delegations, passporting, qualification of FIA schemes, compliance, etc.),
  • Structuring of professional investment funds,
  • Prime brokerage services and agreements.

Examples include:

  • Setting up regulated institutions (payment institution on behalf of a large banking group, investment firm on behalf of a UK-based group, etc.).
  • Counsel to a credit institution on optimising the prudential treatment of loans provided to entities of the same company in the context of a cash pooling and using financial guarantees (article. L. 211-36 et seq. of the French monetary and financial code).
  • Counsel to a credit institution and insurance broker on the regulatory update of partnership agreements in the field of asset management.
  • Counsel to an online bank in the negotiation and drafting of outsourcing contracts relating to customer relations and the provision of investment services and custody account-keeping.
  • Counsel to a foreign (non-EEA) credit institution applying to become a clearing member of LCH SA for the clearing of Repo transactions.
  • Counsel to a credit institution on the drafting of service agreements relating to access to MATIF given to certain clients.
  • Assisting a leading bank in the handling of various payment fraud cases.
  • Assisting an international bank in connection with the termination of its retail banking activities in France.
  • Counsel to a bank in order to modify the organisation of the processing of OTC transactions carried out on a riskless basis, taking into account the constraints resulting from the US Volcker rules and French regulations, particularly with regard to outsourcing, conflicts of interest, governance and transaction reporting.
  • Advising an investment services provider for the transfer of its custody account-keeping business.
  • Analysis and qualification of numerous co-investment schemes and structuring in order to determine whether they are AIFs.

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