Overview

Our financial services lawyers offer market-leading insight into the industry, demonstrated by our innovative work on financial products, our support for new technologies and our comprehensive knowledge of the regulatory framework.

We have a particular focus on FCA and PRA regulated clients providing or distributing funds, products or services to retail clients including: fund operators (including UCITS ManCos and AIFMs), investment platforms, wrapper providers (including SIPP operators and ISA managers), financial advisers (including networks), insurance companies and distributors, credit providers and brokers.

Our lawyers have a detailed understanding of a wide range of FS regulatory areas including: the regulatory perimeter; COLL and FUND; conduct of business; MiFID and insurance distribution; cross border activities; financial promotions; client assets and money; reporting and fees; and prudential requirements. 

A number of our lawyers have spent time working in-house or on secondment for financial institutions. We also deal with the FCA on a daily basis and have good working relationships with the Investment Association (of which we are an affiliate member). This allows us to respond practically and effectively to regulatory change and to the needs of our clients operating in the sector.

Areas of focus

We have an established international network of preferred firms which allows us to provide a seamless service to clients with an international business model.

  • The formation and regulation of retail fund structures regulated by the FCA such as UCITS and NURS (whether structured as OEICs, AUTs or ACSs).
  • The provision of segregated portfolio services to institutional and retail investors including the development of new and innovative model portfolio structures.
  • The design, development and establishment of new investment services and products, including tax "wrappers" such as ISAs, SIPPs and SSASs, bonds and EIS funds.
  • All aspects of compliance with applicable regulatory requirements including the Financial Services and Markets Act 2000 and related legislation and the FCA and PRA Handbooks.
  • The distribution of funds and other investment and savings products including drafting and negotiating distribution agreements, intermediary terms of business, appointed representative agreements and platform arrangements. We also advise on regulatory requirements including around product governance in the context of distribution (e.g. oversight of intermediaries), suitability, remuneration and inducements.
  • All aspects of consumer credit and regulated mortgage contracts, including compliance with regulatory requirements relating to credit broking, customer on-boarding, affordability assessments, the content of customer contracts, notices and other documentation, and debt collection. 
  • Advising insurers, insurance brokers and intermediaries on the design, distribution and operation of retail and consumer insurance products. Our services include reviewing policy wordings, advising on claims handling procedures, drafting MGAs and cover-holder agreements and advising on reinsurance arrangements. We also advise on regulatory and compliance matters such as compliance with FCA rules (such as ICOBS, PROD and SMCR) and advising on strategic complaints and FOS claims.
  • Advising FCA and PRA regulated firms on market consolidation/M&A, product development , distribution and compliance, disputes/enforcement, data & cyber security, technology and competition.
Experience

Advising fund manager clients on the formation and regulation of retail fund structures regulated by the FCA, including UCITS and NURS.

Advising on the launch of bespoke and innovative investment products including one of the only existing FCA authorised Fund of Alternative Investment Funds (FAIF).

Advising the Wales Pension Partnership on the procurement of an operator to establish and operate an authorised contractual scheme (an FCA authorised tax transparent vehicle) to facilitate LGPS pooling.

Advising fund manager clients on the launch of ESG focused investment funds and the evolving regulatory and legal landscape.

Advising a life assurance company on the distribution of its annuity and lifetime mortgages products.

Review of terms and conditions for major financial services firm in relation to stakeholder pension, savings, insurance, credit, ISA and investment products.

Advising fund operator on termination of investment manager mandate including urgent advice on threatened injunction.

Conducting an internal view of a retail insurer’s claims and complaints handling procedures to ensure ICOBS compliance.

Advising an international bank on 'equity release' schemes being offered into the UK.

Advising a UK utility company on credit broking and financial promotions.

Advising a private bank on the authorisation process for administering home reversion plans; and an invoice factoring firm on the application of consumer credit regime and potential debt collection activities.

Assisting a retail fund manager to successfully resist a FOS test case compliant arising from the illiquidity of the EEA Life Settlement Fund.

Meet the team
Tom Dunn

Tom Dunn Partner

  • Head of Regulated Funds and Financial Services
  • Regulated Funds
  • Financial Services
Chris Godfrey

Chris Godfrey Partner

  • Corporate
  • Funds and Asset Management
  • Financial Services
Matthew Walker

Matthew Walker Partner

  • Dispute Resolution
  • Financial Services
  • Insurance
Anna Davis

Anna Davis Associate

  • Financial Services
  • Life and Pensions
  • Regulated Funds
Martin Cook Temp Corporate Image Web Profile

Martin Cook Director

  • Head of Fintech
  • Financial services
  • Technology and Communications
Joanna Monaghan

Joanna Monaghan Director

  • Corporate
  • Mergers and Acquisitions
  • Joint Ventures
Ralph Lovesy Web pic

Ralph Lovesy Director

  • Financial Services
  • Regulated Lending
  • Fintech
Alex Gillespie

Alex Gillespie Associate

  • Financial Services
  • Regulated Funds 
  • Life and Pensions
Hannah Miller

Hannah Miller Senior Associate

  • Dispute Resolution
  • Financial Services Disputes and Enforcement
  • Banking Disputes

What others say...

Burges Salmon has been exceptional in supporting me and our firm’s investment funds offering, both in on-going day-to-day funds management matters and more complex investment fund launches.

Legal 500 2021

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