Regulatory
The regulatory banking and financial area regularly undergoes major changes (emergence of new players or products, evolution of applicable rules).
d&a partners’ Regulatory department offers 360° support on all issues of regulatory banking and financial law (crypto, banking, investment, payment, asset management), with a particular focus on regulatory issues related to emerging technologies.
We advise many financial institutions, fintechs, technology companies and entrepreneurs, both French and foreign, on the regulations that apply to them.
Obtaining and amending banking and financial licenses
d&a partners’ Regulatory department assists its clients with their applications for banking and financial licenses, such as:
- crypto-asset service provider (CASP);
- payment service provider (credit institution, electronic money institution and payment institution) (PSP);
- investment firm;
- asset management company (AIFM/UCITS); as well as
- any type of registration or registration (e.g. PSP agent, electronic money distributor, financial investment advisor, tied agent, banking and payment services intermediary, crowdfunding advisor, crowdfunding service provider).
In this context, the Regulatory department has a unique experience in regulatory issues related to emerging technologies, in particular in the field of blockchain, after having distinguished itself by supporting dozens of Digital Asset Service Providers (DASPs) in the context of their simple and enhanced registration. The firm now assists many players in obtaining approval under the MiCA regulation
The Regulatory department also assists its clients in their dealings with the regulatory supervisory authorities (Autorité des Marchés Financiers, Autorité de Contrôle Prudentiel et de Résolution, European Central Bank) and the ORIAS, in particular in the event of changes relating to their scope of license/registration, their governance, their shareholders, in the event of the launch of new products (e.g. authorisation or declaration of the creation of an investment fund), or acquisition of regulated financial entities.
Structuring of regulated transactions
d&a partners’ Regulatory department advises its clients on the structuring of complex and regulated transactions (e.g. stablecoin issuance, token offerings (ICOs), offering of crypto-asset derivatives, tokenisation of investment fund shares) or the evolution of their existing products, in order to identify, anticipate and integrate all the inherent regulatory constraints.
In this context, the firm supports various stablecoin issuers, both centralized and decentralized, and has supported 40% of French ICOs that have obtained the visa of the Autorité des marchés financiers under the Pacte law.
The firm is involved in the drafting or negotiation, if necessary, of documentation (Whitepaper, T&Cs) as well as in the preparation and implementation of internal procedures (e.g. anti-money laundering and countering terrorism financing, internal control, outsourcing of important or critical functions (PSEE)).
Regulatory Compliance
d&a partners’ Regulatory department works with its clients to ensure their compliance with their regulatory obligations on a daily basis (e.g. governance, internal control, compensation, equity, PSEE outsourcing, anti-money laundering and counter terrorism financing). In this context, regulatory audits can be carried out at the request of the client to obtain recommendations on possible regulatory improvements.
d&a partners’ Regulatory department also assists its clients with the regulatory aspects applicable to the acquisition, acquisition of a stake and/or sale of regulated financial entities (e.g. PSP, investment firm, management company).
Gambling
The Regulatory team also has recognized expertise in gambling regulation, which it provides to leading players in the gaming, play-and-earn, and metaverse sectors. It also regularly address issues related to Monetizable Object Digital Games (JONUM).
