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Industry 04

Forex & Investments

Licensing, product governance and conduct compliance for firms offering trading and investment services to retail and professional clients.

Topics: Investment firm licensingCFD & FXClient moneyConduct rules

Notes of three fictional currencies: one leaning on a navy stone block, one lying flat, two folded under a brass money clip.

Who we advise

  • FX and CFD brokers
  • Investment firms and trading platforms
  • Asset and fund managers
  • Introducing brokers and affiliates
  • Technology and liquidity providers to brokers

Specialisations

Business models we advise

01Forex & CFD Brokers
Licensing, leverage and product rules, client categorisation and marketing for retail and professional FX and CFD offerings.
02Investment Firms
Authorisation and ongoing obligations for firms providing brokerage, dealing, portfolio management and investment advice.
03Brokerage & Trading Platforms
Platform models, order execution and the allocation of regulatory responsibility with technology and liquidity providers.
04Investment Platforms
Digital investment and wealth platforms, including the distribution of funds and other products to retail clients.
05Introducing Brokers & Affiliates
Introducer, affiliate and marketing arrangements, and the controls regulators expect firms to keep over them.
06Asset & Fund Managers
Licensing and structuring for asset managers, fund managers and the service providers around them.

Context

The regulatory landscape

Investment services are among the most prescriptively regulated activities in finance. Capital, client money, product governance and conduct rules differ significantly between jurisdictions, and the choice of licence determines which clients a broker can serve and how.

We advise brokers, investment firms, trading platforms and asset managers on licensing strategy, group structuring across onshore and offshore entities, and the conduct and reporting obligations that follow.

Challenges

Where businesses need support

  1. 1.

    Licence selection

    Weighing EU, UK and offshore licences on client access, leverage limits, capital and cost.

  2. 2.

    Multi-entity structures

    Running retail, professional and international client books through separate licensed entities.

  3. 3.

    Client money and assets

    Segregation, reconciliation and reporting of client money and financial instruments.

  4. 4.

    Product governance

    Target market assessments, appropriateness testing and disclosures for complex products.

  5. 5.

    Marketing and introducers

    Controls over marketing, social media promotion and introducing broker arrangements.

  6. 6.

    Regulatory reporting

    Transaction reporting, prudential returns and ongoing supervisory engagement.

Services

How we help

  • Licence strategy, applications and regulator engagement for gaming, payments, e-money, investment and crypto-asset businesses.

  • Group architecture, incorporation, substance and governance built around your licences, banking and investors.

  • AML/CFT programmes, MLRO-as-a-Service, independent AML/CFT audits, risk assessments, monitoring, sanctions and inspection support.

  • Bank account opening, merchant account and acquiring setup, payment flows and safeguarding for businesses banks consider high-risk.

  • Regulatory, business model, perimeter, payment, gaming, crypto-asset and cross-border opinions for banks, partners and investors.

Jurisdictions

Relevant frameworks

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Insights

Related analysis

Questions

Frequently asked

Can one group hold both EU and offshore licences?

Many groups do, but regulators scrutinise how clients are allocated between entities. The structure must be transparent and must not be used to circumvent protections for clients in stricter jurisdictions.

Discuss your matter with a senior advisor.

Share a few details about your business and plans. We will come back to arrange a confidential initial conversation.