A first rate service at a sensible price
We have an experienced MiFID advisory team, as our team have worked across the industry to help embed MiFID implementation. We have worked across the industry from small first-time managers and advisors to some of the largest leading institutions.
Often firms have difficulty with lawyers, in terms of obtaining a reliable fee quotes which they know the lawyer will stick to, in terms of making sure that they receive a high quality of service that is both prompt and fully understand the nature of the client’s business. Often lawyers over-complicate the legal and regulatory framework, without focussing on what is important.
Our team is well versed in MiFID, which means that we are able to provide pragmatic advice on a fixed fee basis. We prefer using fixed fees because it avoids surprises and so that we can focus on providing high quality advice. We are well connected across the industry, and take a holistic approach for clients, which seeks to help them grow. We provide pragmatic, focussed advice designed to provide concrete solutions for our clients.
The regulatory landscape for MiFID is wide, and so we set out below some links to key resources which may be helpful. Please note, whilst the below links are intended to be helpful, the content is provided by third parties over whom we have no control, and as such we do not and cannot take responsibility for any reliance placed on the below. However, we would of course be happy to discuss any aspects of the below with you.
Whilst Directive 2014/65/EU (the “MiFID Directive”) has largely been implemented through the FCA Handbook, this does not set out the requirements which apply directly under Regulation (EU) No 600/2014 (“MiFIR”).
- The MiFID Directive
- Technical standards under the MiFID Directive and MiFIR
- ESMA’s MiFID Q&As and Guidance
Post-brexit, the above will be generally brought on shore through a statutory instrument, and so will still broadly be applicable to UK firms.
Automated and robo-advice:
A particular area of interest for our FinTech clients in automated advice (also referred to as “robo-advice”). This is a keen area of interest by the FCA, and the FCA has provided Guidance, see “Streamlined advice and related consolidated guidance”: https://www.fca.org.uk/publication/finalised-guidance/fg-17-08.pdf. The FCA also provides an Advice Unit,provides regulatory feedback to firms developing automated models to deliver lower cost advice and guidance to consumers [https://www.fca.org.uk/firms/innovation/advice-unit.
Automated and Robo-advice
A particular area of interest for our FinTech clients in automated advice (also referred to as “robo-advice”). This is a keen area of interest by the FCA, and the FCA has provided Guidance, see “Streamlined advice and related consolidated guidance”. The FCA also provides an Advice Unit,provides regulatory feedback to firms developing automated models to deliver lower cost advice and guidance to consumers.
We provide a full-service solution, assisting firms from start-ups and SMEs to large multinational organisations. Highlights of work undertaken by team members include:
- MiFID implementation projects.
- Documentation, including drafting:
- investment management agreements,
- brokerage agreements,
- fund documentation,
- advice agreements,
- distribution agreements,
- appointed representative agreements, and
- other agreements relating to investments.
- Conduct of business and regulatory queries
- Setting up robo-advice and automated advice platforms and solutions
“James Burnie has been one of our most trusted allies in the journey into building fintech. Unlike traditional compliance consultants who are quick to warn, James first tries to understand what our goal is and then to offer a solution. Only as a last resort does he warn and recommend taking the safest path. Throughout our relationship he has been a pleasure to work with and we use him for regulatory work on our digital wealth management products. He has a deep and intuitive knowledge of the rules and regulations, and provides pragmatic and focussed advice, able to deal with complex issues. We would have no hesitation recommending him.”
Karan Shanmugarajah (CEO) and Yannick Brunner (General Counsel), WealthKernel