Our regulatory practice has many facets, and is able to advise on regulation in all its manifestations.
We have a strong banking and financial services capability, experienced in providing advice in areas including regulatory reporting, authorisation and approval applications, and the implications of the new senior managers regime.
Our regulatory compliance team advises on all aspects of the PRA and FCA conduct of business rulebooks, with particular experience in matters relating to client assets and custody, giving support to our diverse corporate teams. We advise on FCA and PRA supervisory visits.
Our renowned regulatory litigation team, which includes former prosecutors and regulators, has been at the forefront of the highest profile FCA investigations and enforcement actions over many years. It acts for individuals and corporates, and undertakes advocacy when appropriate.
The team also advises on business crime and corporate criminal liability over a wide spectrum. It has had significant involvement in all the high profile SFO investigations since that office was established in 1987 and the CMA, and increasingly finds itself dealing with cases having an international element, particularly with the US Department of Justice.
We advise in other areas of corporate liability, including consumer protection and health and safety.
We act in professional standards and disciplinary matters.
"Stephenson Harwood has a thorough understanding of the law and process, as well as of the financial services world"
The Legal 500 UK 2016
Advising institutions on compliance with obligation to make reports regarding capital adequacy, suspected rule breaches, money laundering and corruption.
Supervisory visits and section 166 FSMA 2000
Piloting clients through a regulatory inspection and their response to thematic reviews.
Conduct of business
Advising on financial service regulatory aspects of corporate transactions, and business issues arising out of the FCA and PRA Handbooks, including best execution, dealing commissions, conflicts of interest and client assets.
Authorisations and applications
Assisting in difficult applications for authorisation and approval to undertake business, including authorisation under the financial services legislation.
Senior manager responsibilities
Advising on the implications of the Senior Managers Regime established by the Banking Reform Act 2013.
Systems and controls failures
Representing senior executives in relation to allegations of systems and controls failures in the LIBOR and FX businesses, and following the crash in the UK banking sector in 2008.
Advising on the implications for transactions of the sanctions legislation; litigating the legality of sanctions legislation; obtaining relevant government licences.
Representing individuals under investigation by the FCA and the SFO, including several individuals involved in proceedings relating to the manipulation of LIBOR and collusion in the G10 FX Spot market.
Acting for financial institutions in relation to selling issues concerning retail products and the design of schemes of arrangement to provide redress.
Policies and procedures
Advising on and drafting policies and procedures to secure compliance with regulatory and corporate governance requirements, including those required under the banking legislation, the Money Laundering Regulations 2007, the Bribery Act 2010, and similar legislation.