Financial Regulation

Wikborg Rein has top expertise within the financial regulatory sphere. We assist all types of regulated entities within the financial sector, including industries such as banking, insurance, securities trading, asset management and real estate. We also advise other stakeholders like issuers, investors and counterparties.

provide advice related to regulation such as:

  • Securities Trading – MiFID II, MAR, EMIR, CSDR
  • Banking and capital adequacy – CRR/CRD IV
  • Bank funding and other regulatory capital – covered bonds and MREL
  • Insurance and pension – capital requirements and capital management, Solvency II and IDD
  • Asset Management – structures for collective investments in real estate and miscellaneous funds (UCITS and AIF and the sub categories ELTIF, EuVECA, EuSEF and MMF)
  • Payment Services – PSD2
  • Anti-Money Laundering – 4AMLD

The regulatory regime for the financial industry is both comprehensive and complex, and is subject to frequent changes. EU rules are to an increasing extent given direct effect, however on top of Norwegian background law. New technology and new business models impose ever increasing demands on the players. This requires legal competence of the highest professional level, in-depth industry knowledge, high level of service and availability. We work in close collaboration with Wikborg Rein's experts on GDPR, tax, company law, etc. Our focus is to provide effective, strategic, commercial and comprehensive advice to the benefit of our clients.

The Financial Regulatory team has broad practical experience, both from law-making processes and the advisory role. Our employees have experience from the Norwegian Financial Supervisory Authority, the Norwegian Ministry of Finance, Oslo Stock Exchange, and the financial industry.

We advise and assist clients with respect to i.a.:

Regulatory application processes
  • Across all types of financial activities and institutions
  • Establishment of new institutions
  • Assistance in obtaining new or extended authorisations
  • Liaising with regulators
Market conduct
  • Advice related to insider trading, market manipulation, short selling, substantial shareholder disclosure etc.
  • Advice on conduct of business rules for marketing and sales to retail
Product development
  • Designing and structuring of new products
  • Structuring of syndicates and investment vehicles for collective investments
AML/KYC and Compliance
  • Establishing and implementing compliance programmes and documentation
  • Assistance in regulatory, enforcement and disciplinary investigations
  • Advising and drafting of internal policies, instructions and training in relation to AML/KYC
M&A and corporate transactions

Involving all types of regulated entities and transfer of portfolio and other assets

Cross-jurisdictional matters
  • Cross border provision of services
  • Brexit
  • Providing input to international surveys of rules and regulations across different financial products and services

 

The financial regulatory team forms part of our wider capital markets group.