What We do
The volume of new products and new regulations continues to grow, whatever the size of your organisation, Cummings Fisher can help you integrate these successfully
Financial Regulatory: Contentious and non-contentious
The Cummings Fisher team manages the interface between clients and regulators in single jurisdiction and cross-border activities. Either directly or through our network, we can provide advice on European, US and other regulations and markets.
The Cummings Fisher regulatory team draws on decades of combined experience to focus on giving specific advice to funds, fund managers and product innovators. We offer bespoke advice on the full range of regulatory and compliance matters.
At a time of regulatory development and evolution, we place emphasis on helping our clients remain compliant and fully integrated with new rules and regulations within their own commercial environments.
We also keep our clients abreast of current events and developments throughout the alternative investments sector through our publications and client seminars and briefings.
Our areas of non-contentious expertise include:
- The structuring, establishment, operation and restructuring of investment funds (both open and closed-ended, including hybrid hedge-private equity funds and UCITS) established in onshore and offshore jurisdictions
- UK and EU financial laws and regulations including the AIFMD, MiFID II, MiFIR and SFTR
- FSMA requirements, including the FCA’s rule book and codes of practice, preparation of terms of business and other customer documentation, and advising on FCA rules compliance queries
- Structuring and formation of financial services businesses
- Authorisation and regulatory perimeter issues (e.g., under FSMA 2000 and the FCA Handbook)
- Regulatory regimes applying to various investment products (e.g., PRIIPs, UCITS)
- Trading and reporting of derivatives and securities financing transactions (e.g., under EMIR, MiFID II, SFTR)
The Cummings Fisher contentious regulatory team helps clients deal with potential breaches of regulation including finding the reason for the potential breach, advising whether and how to report concerns to the regulator and, if the worst happens, defending businesses or individuals in regulatory or criminal investigations.
Our work typically involves systems and controls issues, regulatory discipline, market abuse and anti-money laundering processes.
We advise on the overlap between litigation and regulation, and the employment law aspects which overlap with regulatory discipline and the Senior Managers’ regime. We also advise on prevention and risk management.
Areas of contentious regulatory work include:
- reviewing and advising on potential breaches of regulation
- Advising whether and how to report to the relevant regulator
- Defending businesses or individuals in regulatory or criminal investigations
We also offer clients urgent advice if they have queries or concerns about market abuse, money laundering or other issues that need immediate attention.