Financial Institutions Advisory & Financial Regulatory
Our Financial Institutions Advisory & Financial Regulatory Group provides a full, global service to financial institutions, exchanges, ECNs/MTFs, clearing and settlement providers, fund firms and corporations on the laws and regulations of the world’s key financial and commercial centers. We provide innovative, practical advice while assisting clients in maintaining their relationships with regulators.
Financial Regulatory Advisement Activities
Examples of the issues the Financial Institutions Advisory and Financial Regulatory Group advises on day-to-day include:
- Organizational structuring
- Prudential issues, including capital adequacy, consolidated supervision, board/senior executive roles/actions and compensation
- Conduct of business, including sales and trading
- Customer and related agreements
- Commercial arrangements
- Consumer credit and retail financial services
- Regulation of transactions, including securities offerings, M&A, derivatives
- Exchange, multilateral trading facility (MTF), clearing house and settlement system rules
- Money laundering and foreign corrupt practices legislation
- Internet products and services
- New financial services, systems and products
- Impact of new laws and regulations
- Disputes with regulatory bodies, regulatory investigations and enforcement proceedings
- Litigation and arbitration
- Insolvency
- Antitrust and competition law
We command a wealth of experience in both international and local contexts, through offices located throughout the Americas, Europe and Asia. Several of the lawyers in the group have previously held prominent positions in key regulatory authorities worldwide, including the SEC, the Federal Reserve System, U.S. Treasury, Internal Revenue Service, NASD, NASDAQ, the UK’s FSA and various European and Asian Regulators.
Noteworthy publications produced by Shearman & Sterling lawyers are accessible by following this link: Financial Institutions Advisory & Financial Regulatory Publications.
Banking
We have one of the most highly regarded banking advisory practices globally. Our Financial Institutions Advisory & Financial Regulatory Group represents the largest and most dynamic global institutions on M&A, regulatory and general advisory matters and on their relationships with banking regulators worldwide.
Broker-Dealer
We advise the world’s main broker-dealers on all regulatory, compliance and securities law matters in all the major jurisdictions globally (including the various U.S. federal and state systems), including on all aspects of the FINRA Rules of Conduct for broker-dealers, FSA rules, EU, EEA directives and the rules of exchanges, MTFs, clearing houses and settlement systems.
Derivatives & Structured Products
Our lawyers counsel commodities, futures and derivatives participants on every aspect of their businesses, providing transactional support, developing new services and products, and advising on regulation and compliance.
Asset Management-Investment Funds, Managers, Operators, Administrators & Distributors
We advise many of the most significant and influential parties throughout the asset management industry in connection with private equity, hedge and property funds as well as mutual funds.
Exchanges, Electronic Communication Networks, Multilateral Trading Facilities, Clearing & Settlement
We have acted as lead advisor to some of the world’s major financial infrastructure providers on their proprietary businesses, including their participant rules, relationships with other service providers (including through outsourcings) and regulatory compliance.
Insurance, Reinsurance & Intermediation
Our lawyers counsel many of the world’s largest insurance and reinsurance companies, providing them with M&A, securities, regulatory, litigation, tax and other related advice. The group has extensive experience in the major insurance and reinsurance markets.
Investigations & Enforcement
We have represented financial market participants in investigations and criminal and enforcement proceedings before numerous bodies, including the Fed, DOJ, SEC, CFTC and FSA, for alleged violations of laws and regulations. These matters have related to the confidentiality of information, disclosure and accounting questions, regulatory audits and trading procedures.
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