Banking and financial services regulation
Authorisation and perimeter issues
Advising on the scope of financial services permissions required for specific business models (including innovative models), avoiding breaches of the regulatory perimeter when conducting unregulated business and the applicability of available exclusions to otherwise regulated activities.
Capital adequacy
Advising on the maintenance and reporting of adequate regulatory capital and the qualification of instruments for treatment as tier 1 or tier 2 capital.
Exercise of Supervisory Powers
Providing strategic advice on regulatory interactions involving the potential exercise of supervisory powers, such as meeting the requirements of risk mitigation plans, the potential imposition of conditions or restrictions on a voluntary or compelled basis and the suspension or withdrawal of regulatory permissions.
Listing of Investments
Advising on meeting the criteria for admission to the DFSA's official list and compliance with ongoing listing and disclosure requirements.
Digital assets
Providing advice on the regulatory treatment of investments and other digital assets issued, stored or transferred using distributed ledger technology as well as associated structuring issues.
Conduct and whistleblowing policies
Reviewing, drafting and advising on the implementation of internal conduct and whistleblowing policies.
Senior Managers and Certification Regime
Advising several international banks on the implementation of the Senior Managers and Certification Regime within UK subsidiaries and branches of both EEA and non-EEA firms.
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Regulatory litigation
Allegations of corrupt payments
Advising an international investment bank in relation to an SEC investigation into allegations of corrupt payments made in the Middle East, in conjunction with US counsel.
Suspected insider trading
Advising a private bank on investigating suspected insider trading, including navigation of the potential “tipping off” risks arising from the conduct of the investigation itself.
Past business review
Advising on the conduct of an extensive past business review in the UK, stemming from allegations of mis-selling insurance-based investments to private wealth clients.
Trader misconduct
Advising on both internal and cross border enforcement investigations into the misconduct of bond and FX traders.
Self-reporting obligations
Advising a financial institution on disclosure and self-reporting obligations owed to the DFSA, arising from investigations into individual conduct.
Alleged mis-selling
Acting for an insurance group defending a complex UK regulatory investigation into alleged mis-selling and systems and controls failures. Involved remediating systems, controls and governance failures and implementing a novel consumer redress scheme using a solvent scheme of arrangement.
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