Financial Regulation

Cappelli RCCD regularly advises some of the most important domestic and international financial institutions in relation to banking, insurance and financial regulation, and to related compliance areas.

The Firm’s lawyers advise clients on laws and regulations applicable to financial markets (MiFID II and MiFIR), to the provision of banking and financial services and to market abuse (MAD and MAR), as well as on derivatives regulation (EMIR) and on the establishment and marketing of Italian and EU collective investment undertakings and alternative investment funds (including the drafting of their by-laws and of the related contractual documentation under AIFMD). The Firm also regularly advises clients on anti-money laundering. In each of these areas, the Firm assists its clients in connection with a wide range of activities, among which the preparation of contractual documentation and forms applicable to the relevant sector and of internal policies and procedures, including in relation to corporate governance.

The Firm draws on outstanding expertise in relation to banks’ regulatory capital, with reference in particular to Basel III, CRD IV and CRR II, as well as to banks’ recovery and resolution (BRRD II), and to the optimisation of capital structures for both banks (including advice on the issuance of financial instruments eligible as MREL) and insurance companies (Solvency II). The assistance offered by the Firm in these areas includes the analysis of the most efficient ways to structure capital optimisation transactions and of the clients’ internal compliance structures.

Cappelli RCCD devotes significant attention to the areas where technological innovation impacts on financial services (FinTech), including cryptocurrencies, smart contracts, blockchain systems (in their various legal guises and practical applications), digital payment systems and electronic money.

Cappelli RCCD relies on longstanding relationships with Italian regulatory authorities, including CONSOB, the Bank of Italy and Borsa Italiana, and with international supervisory authorities and market operators.

Leading professionals in Financial Regulation

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