Regulatory Finance

Regulatory Finance and Compliance Service

Our team is well versed in the laws and regulations that are issued by regulators in Switzerland (Swiss Financial Markets Supervisory Authority), European Union (including the Malta Financial Services Authority and CSSF), United Arab Emirates (including the UAE Central Bank, Securities & Commodities Authority, Dubai Financial Services Authority, Abu Dhabi Global Market Place Authority) and the Cayman Islands. The Malta team specifically provides advice on the application of MiFID II.

The group has extensive and proven experience in regulatory banking and broker dealing matters and we offer a specialised and solution-based approach to our clients’ needs. We assist clients in the structuring and licensing process of banks (including investment banks) and broker-dealers and in providing tailor-made regulatory advice.

AIFS, PIFS, AIFMS and DIFC Funds

The team at lecocqassociate can also assist in the structuring and licensing of fund management companies, AIFs and PIFs, AIFMs, DIFC funds and regularly provide regulatory advice and assistance to licensed and registered fund management companies as well as asset managers, financial advisors and private equity firms.

Our services cover both pre-licensing as well as post-licensing stages. Our clients’ need are our priority and as such we conduct full-scale compliance reviews and provide tailor-made compliance monitoring programmes. We review existing internal business structures and strategies to adapt them to the constantly evolving regulatory landscape. This involves the drafting of internal directives and policies that address regulations on a day to day

Our incisive and solution-driven team can advise on all areas of regulatory finance and compliance regulations, including, but not limited to the following: anti-money laundering; risk control & management; compliance & compliance monitoring; data protection; business continuity & disaster recovery; marketing & cross-border; code of conduct; anti-fraud; complaints handling; by-laws; credit & lending; cyber security; supervision; client on-boarding; and sanctions.

Fundraising Structures and Assets

Digital Assets

The lecocqassociate group has been at the forefront of analysing the legal implications of blockchain technology and digital asset development from the beginning. Our experience combined with lecocqassociate’s strategically-placed offices in Malta and Switzerland, two jurisdictions that are at the forefront on regulating digital asset platforms and ICOs, puts us in an excellent position to advise clients on blockchain developments and cryptocurrency regulations. This process is creating exciting new business opportunities in this fast-evolving digital environment and the lecocqassociate group brings unrivalled expertise, working closely with these local regulatory entities, to ensure our client service is second to none.

Shariah-Compliant Products

At lecocqassociate, our team of professionals can advise and assist with interpreting and applying Islamic law in business and finance. We recognise the growth of Islamic finance globally and our diverse and dedicated team is able to so meet the needs of our clients.

Shariah-compliant funds are investment vehicles that operate according to Islamic principles. Such funds are prohibited from investing in any activities, either directly or indirectly, which are classified as haram; such as alcohol, tobacco, weapons, and gambling. Such funds also may not short sell or enter into interest-bearing instruments.

The lecocqassociate group can assist in preparing the documentation required to establish Shariah-compliant products in accordance with local rules and regulations. Our team is knowledgeable and creative and always ready to advise our clients on any Islamic finance and/or Shariah-compliant fund project.

Securitisation Vehicles

Our dedicated team at lecocqassociate is specialised in assisting in the structuring of securitisation vehicles.

Collective Investment Schemes, Exchange Traded Funds and Exchange Traded Commodities

The lecocqassociate group offers a wide range of in-depth, legal and professional advisory services to clients interested and involved in collective investment schemes, exchange traded funds (ETFs) and exchange traded commodities (ETCs).

Our services include the incorporation, structuring, restructuring and licensing of Swiss, Maltese, UAE (mainland Dubai and Free Zones, with a prime focus on the DIFC), Cayman Islands, Luxembourg and United States Collective Investment Schemes, Exchange Traded Funds and Exchange Traded Commodities, as well as drafting of investment management and investment advisory agreements, reviewing and advising on all service provider agreements, including but not limited to, prime brokerage agreements, ISDA, OSLA, custodian agreements and administration agreements. We also draft fund prospectuses, term sheets and all other related documents.

Structuring Investment Funds

lecocqassociate has a wealth of experience in the investment funds industry with comprehensive knowledge of every stage of the fund’s lifecycle, all asset classes, all available structure types, and its prominent jurisdictions, such as: Abu Dhabi Global Market, Dubai International Financial Centre, Malta, Switzerland, Luxembourg, Ireland, and Cayman Islands.

We advise clients on various fund structures in prominent jurisdictions. Our services include dealing with the structuring,incorporation, drafting of prospectus and all legal documents, as well asadvice on marketing and re-domiciliation of funds.

We also coordinate with the relevant financial services regulator to attain the applicable approvals for the fund.

Structured Products and Derivatives

By taking a traditional security, such as a conventional investment-grade bond, and replacing the usual payment features with non-traditional payoffs derived not from the issuer’s own cash flow, but from the performance of one or more underlying assets. Structured products have become popular in Europe and are accessible to retail investors in the same way as stocks or bonds.

At lecocqassociate, we deliver expert regulatory advice on structured products, because these structured products are generally pre-packaged investment strategies based on derivatives, our professionals also offer advice and assistance on derivatives like single security, a basket of securities, options, indices, commodities, debt issuance and/or foreign currencies and swaps.