The legal and regulatory operating framework for financial market entities is becoming increasingly complicated and restrictive. Under these demanding conditions, KPMG Law provides a broad array of services, advising financial sector institutions and helping them meet the requirements imposed on them. The lawyers from KPMG Law support clients in the process of adjusting their operations to maintain compliance with changing legal and regulatory requirements, represent them before supervisory and regulatory authorities, and advise on financial market transactions. The lawyers at KPMG Law offer unique, extensive experience providing legal and regulatory advice to financial market entities, combining a deep understanding of the regulators’ perspective with knowledge of market practice.
What is regulatory advice for financial institutions?
Regulatory advice for entities in the financial market sector includes licensing procedures and other types of proceedings before supervisory and regulatory authorities (particularly the Polish Financial Supervision Authority (KNF), the Bank Guarantee Fund (BFG), the National Bank of Poland (NBP), and the President of the Office of Competition and Consumer Protection (UOKiK)), adjusting the operations of financial institutions to comply with legal requirements and supervisory guidance, including implementation of EU regulations and directives, as well as various types of transactions, including changes in ownership of financial market entities. This advice also extends to issues of corporate governance (including ESG) at financial market institutions and issues related to the functioning of FinTech firms.
Regulatory challenges
The legal and regulatory environment in which financial institutions operate is becoming more and more complex and demanding. Financial market entities must continually face new duties under national and international legal regulations as well as guidelines and positions of supervisory and regulatory authorities.
Failure by financial institutions to comply properly with legal and regulatory requirements can have serious, far-reaching consequences, particularly in the form of administrative sanctions. There is currently a noticeable trend for regulators to impose harsh fines not only on supervised entities, but also on individuals holding managerial positions in these entities. The potential consequences of failure by financial market institutions to meet regulatory requirements may also raise issues of corporate criminal liability.
Benefits from regulatory advisory of KPMG Law
Avoiding the negative consequences of failure to comply with legal and regulatory requirements, particularly severe administrative sanctions.
Access to the unique knowledge of regulatory lawyers who not only extensive legal know-how, but are also familiar with the ins and outs of operation of financial institutions and their business environment.
Broad international perspective deriving from the involvement of KPMG Law in the global KPMG network.
Ability to efficiently combine services of KPMG Law with tax, accounting, financial and transactional advisory from other entities in the KPMG group.
Support from KPMG Law in regulatory advice for financial institutions
Our competencies cover all aspects of regulatory advice for financial institutions.
Bringing operations into compliance with legal and regulatory requirements
- Drafting and advising on internal regulations of financial institutions and contracts with other entities (including outsourcers) for compliance with legal and regulatory requirements
- Adjusting the operations of financial institutions to comply with EU regulations and directives (including PSD, BRRD, CRR, MiFID, MiFIR, FATCA, MiCA, DORA, UCITS, EMIR, SFTR, AMLD)
- Drafting documentation for new financial products and services
- Support in managing risks arising in the operation of financial sector institutions
- Preparing opinions and analyses on financial market law
Representing financial market entities before supervisory and regulatory authorities
- Representing clients in launching regulated activity and reorganizing existing activity, including the procedure for obtaining required permits, filing notifications, etc
- Representing financial market institutions in proceedings concerning administrative sanctions imposed by watchdogs and regulators
- Seeking interpretations of financial market law from the competent authorities
Advising on financial market transactions
- Conducting ownership changes in financial market entities, including drafting of the relevant transactional documentation
- Obtaining required permits for M&A transactions in the financial sector
Implementation of corporate governance rules in financial market institutions
Implementation of corporate governance in financial institutions, including ESG
Other regulatory advice
Advice on AML and FinTech
About us
We are a team of lawyers specializing in regulatory advice for financial market institutions. We have a wealth of experience advising clients from all sectors of the financial market (banks, investment funds, investment companies, payment institutions, FinTechs).
Thanks to our involvement in the structures of KPMG, our services can be further supported by specialists in tax, finance, accounting and M&A advisory.
Being part of the global KPMG network provides us a truly international perspective on the regulations and practices governing the operation of financial markets.
