Financial Institutions Advisory

About

As increasing globalization continues to create greater complexity for financial services companies, financial institutions are constantly challenged to understand a wide range of issues and developments. Banks and other financial firms must stay informed of new regulatory initiatives while at the same time implementing any program modifications and reforms required by regulators, monitoring and responding to new risks, and continuing to explore strategic opportunities in emerging markets.

The regulatory landscape can be daunting, and even seemingly straightforward issues can involve significant complexity. These matters require skilled and experienced legal counsel that can make the difference in avoiding or overcoming legal obstacles. We have extensive experience across a full spectrum of domestic and cross-border services, including:

  • Anti-financial crime
    • National and cross-border anti-financial crime risk assessment and remediation, including compliance with key local and international regulations
    • Compliance oversight, development and implementation of KYC/CIP/CDD programs
    • Managing third-party vendor financial crimes risk/exposure
  • Regulatory change
    • Bank chartering, regulation and capital (MREL/TLAC optimization)
    • Brexit mapping, MiFID II & MAR, EU Banking Union (SSM/CRE/CRDIV)
    • US legislative and regulatory reform including Dodd-Frank
  • Regulatory and legislative advocacy
    • Regulatory, supervisory, enforcement and compliance inquiries/deficiencies
    • Cross-border legislative/regulatory policy development
    • Developing and advocating for regtech solutions
  • Digitization
    • Digital process, products and services, including payments services
    • Regulatory solutions, including AI-driven regtech
    • Consumer financial services and consumer protection
  • Public company advisory
    • SEC reporting and disclosure obligations, including periodic reports, proxy statements and other regulatory filings
    • Addressing ISS and Glass Lewis recommendations 
  • Capital solutions
    • Structured solutions to manage banks' balance sheets in times of changing regulatory requirements, namely, to improve capital and liquidity ratios and address new accounting rules
    • Capital raising, capital relief, asset disposal/NPL sale and asset-based funding to bank restructuring
  • Data privacy and cybersecurity
    • Regulatory and compliance matters: GDPR; NIS Directive; US federal and state regulators
    • Data breach preparedness, incident response and disputes
  • Enforcement, investigation and supervisory
    • Extraterritoriality of anti-corruption, anti-money laundering and sanctions laws
    • Current expectations of enforcement authorities for self-reporting, cooperation and remediation
  • M&A and transactional advisory
    • Market consolidation in asset management, market infrastructure and bank sub-sectors
    • M&A, bank restructuring/resolutions & Investment Fund advisory

 

A comprehensive solution across multiple jurisdictions

We serve the needs of financial institutions in the United States, the United Kingdom, the European Union, Latin America, the Middle East, Africa and Asia. Our clients include:

  • Broker-dealers and investment advisers
  • Commercial banks and depository institutions 
  • Fintech firms and payments companies
  • Investment banks
  • Investment Funds, REITs and public funds
  • Nonbank lenders and servicers
  • Private equity and hedge funds
  • Securities and insurance firms  
  • Sovereign wealth funds and government-owned banks
  • Third-party service providers

 

A dedicated, experienced and skilled global team

Our global Financial Institutions Advisory team members have worked in this field for many years and include many leaders in the private bar as well as former senior regulators of financial institutions, including the:

  • US Department of Justice 
  • US Federal Bureau of Investigation
  • US Federal Deposit Insurance Corporation
  • US Financial Crimes Enforcement Network
  • US House Financial Services Committee
  • US Office of Foreign Assets Control
  • US Office of Thrift Supervision
  • US Securities and Exchange Commission
  • US Treasury Department
  • UK Financial Services Authority (predecessor to the Financial Conduct Authority)
  • UK Prudential Regulation Authority
  • France State Prosecutor's Offices
  • Germany Public Prosecutor's Offices

Experience

Intermediate Holding Company (IHC) requirement
Advised a global non-US bank on the issues related to establishment of a US IHC, including its placement and subsidiaries required to be included and advised several Asian-based banks on strategies to avoid the need to ring-fence US operations in a US IHC.

Other enhanced prudential standards
Ongoing advice to non-US banks on compliance with the Dodd-Frank Act enhanced prudential standards, including issues related to requirements for maintenance of US liquidity buffer, establishment of US risk committee and US chief risk officer and reliance on home country regulatory capital and stress-testing regimes, dential standards and on strategies to avoid the need to ring-fence US operations in a US intermediate holding company.

Resolution planning
Assisted several large Asian and EU banks in addressing the issues related to compliance with the Dodd-Frank resolution plan requirement and prepared the resolution plan filings of one large Asian-based global bank. 

Volcker Rule global compliance program
Preparation of a comprehensive global Volcker Rule compliance program for a number of global EU- and Asian-based banks, including Lloyds Banking Group, encompassing an analysis of the application of the Volcker Rule to global trading and fund activities and specific desk policies and procedures.