Financial Regulation

Understanding current and prospective regulations

As global financial rules tighten and evolve, you need to clearly understand the existing and prospective regulations of the jurisdictions in which your organisation operates. In particular, you need to anticipate new regulations before they are instituted and have strategies in place to address them effectively.

Innovative solutions

Ashurst has an in-depth understanding of the financial services industry and the regulations that apply to it. We advise many financial institutions and other organisations in regulated sectors. Our client-oriented approach enables us to deliver commercial, practical and innovative advice to address the specific regulatory challenges you might face. That’s why we have been mandated with some of the most complex and sensitive matters in financial services.

Implications that can’t be ignored

The financial and reputational implications of regulatory investigations and disputes can’t be ignored. If your organisation is subject to an investigation, dispute or enforcement proceeding, you must respond immediately and judiciously.

Tailored strategies for an effective response

At Ashurst, we work with the world’s leading financial institutions to implement effective solutions to disputes and other regulatory issues. We advise on all regulatory matters, including financial crime, regulatory enforcement, systems and controls, complaints handling, misconduct and structured products. We also deliver tailored strategies to ensure you can respond effectively to internal or regulatory investigations, enforce rights, recover money or assets, and defend claims.

Reimagining financial services and addressing regulatory concerns

The financial services sector is undergoing a digital transformation as institutions embrace digitisation, rework legacy systems, and invest in fintech solutions. Our lawyers, equipped with a comprehensive understanding of data, privacy, AI, and banking as a service, can guide you in avoiding regulatory scrutiny and mitigating negative consequences while navigating this evolving landscape.

Tokenisation of securities and comprehensive support

Tokenisation of securities is gaining momentum, and our dedicated team has unique experience in launching projects that leverage DLT and other systems. With expertise in native digital assets and tokenised investments, we provide a full range of support to both new entrants and traditional financial institutions in deploying digital market infrastructure, cross-border services, and applications.

Increasing scrutiny on financial institutions

Today, consumer data and digital platforms create either extraordinary convenience or profound privacy concerns. Regulators are therefore paying increased attention to the ways financial institutions collect, manage and use the enormous volumes of customers’ personal information they collect.

Cutting-edge insight

At Ashurst, we have the knowledge and insights to advise you effectively on regulation and risk matters such as the obligations of the Banking Executive Accountability Regime, the Financial Accountability Regime, the Design and Distribution Obligations and breach reporting. We also understand and appreciate the ongoing regulatory pressure placed on banks and related organisations to manage their anti–money laundering and counter-terrorism financing responsibilities.

Rapid change

The global payments market is undergoing a significant transformation, driven by rapid advancements in technology and evolving consumer preferences.

The market is seeing the rise of digital payment form-factors, including contactless cards, wearable devices and tokenised payment instruments, which are making transactions faster and more convenient. Cross-border card programmes, BIN sponsorship and payment facilitators are are expanding the reach card payments. Mobile payments and integrated loyalty solutions are enhancing customer engagement and retention. Additionally, there is a growing emphasis on identity verification, authentication, and anti-fraud measures to ensure the security and integrity of payment solutions worldwide.

Regulatory expertise

We lead on cutting-edge alternative payment methods, digital currencies, and acquiring and acceptance products. Our team of experts is one of the largest in the sector and they are regularly engaged by payments regulators on strategic issues and have representation on central bank committees. We work closely with trade associations on thought leadership and are actively engaged on regulatory reform and policy within the payments industry.