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Malcolm Mclean is a Senior Associate in the Regulatory Practice in the Firm's Capital Markets group. Malcolm joined the London office of White & Case in September 2006.
Malcolm advises on the full spectrum of financial services activities and matters relating to the workings of the Prudential Regulation Authority and the Financial Conduct Authority. This involves advisory and transactional work for financial institutions including investment and commercial banks, broker-dealers and asset managers. Malcolm also advises clients on contentious regulatory matters including the conduct of FCA regulatory investigations.
In 2009 Malcolm spent nine months on secondment to the Financial Services Authority's General Counsel's Division. During his time at the FSA he worked closely with the GCD Perimeter team and advised on a large number of complex regulatory perimeter queries as well as on projects such as the implementation of the Acquisitions Directive (2007/44/EC) and its effect on the FSMA Part XII change in control rules.
Advising on the regulatory considerations arising from major cross-border acquisitions and disposals, including advice on UK FCA change of control notifications and approvals.
Establishment of UK wholesale banking entity and advising on regulatory considerations arising from restructuring of European operations, including applying for PRA/FCA authorisation.
Advising an EEA bank undergoing significant restructuring on prospectus exemptions and financial promotion exemptions regarding communications to remaining UK creditors.
Advising third-country fund managers on approach to marketing funds in Europe and other obligations under the AIFMD.
Advising on European risk retention requirements for securitisation structures (including CLOs) under the CRR, Solvency II and AIFMD.