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We act for a variety of clients in the financial services sector, ranging from financial institutions to banks, investment funds, asset managers and brokers providing them with specialist advice.
The team is made up of lawyers with different areas of expertise to ensure our clients receive the best possible advice. We can advise on whether activities which firms and individuals carry on fall within the scope of regulation, the impact of financial services legislation on capital raisings, financial promotion issues, compliance with FSA rules, formation of funds and alternative investment structures, lending and security, capital markets, investment structures and the acquisition and disposal of businesses.
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the Financial Services team
Did a disclaimer protect auditors from a claim made by a third party?By Philip Foster , Richard Stebbings
The High Court has struck out a claim made against an auditor on the basis that a reasonable disclaimer attached to an audit report did prevent a duty of care from arising under the tort of negligent misstatement to a third party.
Remuneration Code for banks, building societies and investment firmsBy Richard Miskella, Victoria Goode, Sara Cohen, Jonathan Carr
In December 2013 the Prudential Regulation Authority (“PRA”) and the Financial Conduct Authority (“FCA”) (the bodies which took over the regulation of the financial services sector from the Financial Services Authority (“FSA”) on 1 April 2013) issued a new Remuneration Code (“the New Code”) taking into account the requirements of the fourth amendment to the Capital Requirements Directive (“CRD4”). The remuneration requirements of CRD4 build on the remuneration requirements of the third amendment to Capital Requirement Directive (“CRD3”) which aimed to align remuneration principles in banks, building societies and investment firms across the EU and, in particular, to impose restrictions affecting the structure and timing of bonus payments including for example deferring entitlement to bonuses already earned by individuals.
Lewis Silkin successfully defends Trust Risk Group SpA in the High CourtBy Mark Lim, Fraser McKeating
Lewis Silkin has successfully defended its client Trust Risk Group S.p.A. (“TRG”) against an anti-arbitration injunction brought by AmTrust Europe Limited (“AmTrust”).