FINANCIAL SERVICES

BUSINESS

The financial services industry is operating in a complex and challenging regulatory environment with the cost of compliance rising.  It is important now more than ever for law firms to possess sophisticated regulatory capabilities and in-depth understanding of the business needs. Our services include counselling on matters relating to payment services, investment services, banking, consumer credits, capital markets, trading activities and securities.

REGULATORY

We understand the enormity of the financial market regulatory burden upon business and compliance. We are experienced in advising our clients how to navigate the regulatory hurdles they face. We focus on regulatory compliance and designing and implementing policies, procedures and practices to achieve this. Such regulatory solutions cover inter alia MAD II, MIFID II, EMIR, MIFIR, PSD II, Prospectus Regulation or CCD/MCD. We can also help to achieve swift resolution of compliance issues and assist in cases of law enforcement pursued by Czech National Bank (CNB) and other regulatory bodies when this is necessary.

KEY AREAS

We help investment firms, investment intermediaries, banks, management companies, consumer credit providers or intermediaries, payment institutions and other financial institutions, issuers of debt and equity instruments and other entities in wide range of matters such as:

  LICENCES FROM THE CZECH NATIONAL BANK

This includes preparation of application and all the relevant documents in respect of the investment firm license, investment intermediary license, approval of a prospectus, payment services provider license, license of a non-bank provider or intermediary of consumer credit.

COMPLIANCE AND INTERNAL PROCESSES

We provide external compliance function to financial institutions and all the relevant related services such as setting up internal processes, product governance regimes, drafting internal documents, monitoring of laws and their changes, implementation of new regulations (such as MiFID II/MiFIR or GDPR), adjusting AML/CFT processes, provision of external DPO function and lecturing and support of the relevant employees.

 CONTRACTS AND DOCUMENTATION

Drafting of all the relevant client documentation in respect of financial services, including NDAs, Terms of Use, investment questionnaires, loan agreements, mandate agreements. Preparation of contracts with business partners and intermediaries.

 FOREIGN LICENSES AND PASSPORTING

We are ready to help our clients to obtain licenses in foreign EU countries (such as Luxembourg, Lithuania or Estonia) and to provide all the relevant services necessary for passporting of such license in the Czech Republic.

 ISSUE OF BONDS, INVESTMENT CERTIFICATES AND OTHER FINANCING

We have extensive experience with bank financing and with bond issues, both private and public, prospectus preparation and its filing as well as with all the relevant services necessary for arrangement of the bond issue. We can also fully guide you through the process of gaining funds by issuance of other debt securities, such as investment certificates, from both regulatory and contractual perspective, and through relevant aspects of possible conversion of these securities into equity.

 TRADING ACTIVITIES

We can help you to address new developments in trading, such as the growth of electronic trading, restrictions and requirements relating to trading venues or aspects concerning to the mandatory clearing obligations or access to CCPs.