Obtaining an investment service provider (ISP) license
You are planning to provide or exercise investment services in France and would like to be advised on the authorization of an investment service provider? You are already authorized and your request concerns an extension of your authorization?
Holder of the AMF certification and a certificate on anti-money laundering (LCB-FT), with 10 years of experience within the Autorité des marchés financiers (AMF), ,in charge of post-Brexit investment services providers approvals , Anne RAOUL-TARDIEU assists you in the regulatory compliance of your activity.
Our firm assists you in all the steps necessary to obtain the approval or the extension of its approval, from the beginning of your application until its completion, by elaborating a documentation adapted to your business model and by advising you throughout the process.
Who is concerned by the status of an investment service provider (ISP)?
The exercise or provision in France of the investment services defined in Article D. 321-1 of the French Monetary and Financial Code requires prior authorization. These services include the reception and transmission of orders on behalf of third parties, portfolio management on behalf of third parties, execution of orders on behalf of third parties and investment advice.
Depending on the activities envisaged, investment service providers may operate under three distinct statutes: investment firm, credit institution or asset management company. With the exception of asset management companies subject only to AMF approval, authorizations are issued by the Autorité de contrôle prudentiel et de résolution (ACPR), after approval of the program of operations by the AMF.
As an intermediary between its client and the financial market, the licensed firm is subject to a set of obligations including compliance with rules of good conduct and organization.
The Brexit and the digitalization of the financial sector have changed the way investment service providers operate, in an increasingly competitive context where it is necessary to be accompanied and advised to obtain an authorization in conditions of optimal speed and legal security.
Drafting of contracts for the marketing of financial instruments
Within the framework of a contract for the marketing of financial instruments, one or more investment services are generally provided (investment advice, reception and transmission of orders on behalf of third parties, execution of orders on behalf of third parties, etc.).
You are planning to market financial instruments in France and would like to set up a contract with your distributors?
Our firm assists you in the drafting of contracts between you and your distributors.
General terms and conditions of sale of investment services
You are planning to provide financial services in France and would like to be assisted in drafting your general terms and conditions of sale or use? You wish to market financial instruments in France and you wish to set up a contract with your distributors?
Our firm assists you in the drafting of contracts that bind you to your clients or users of your services or to your distributors, taking into account your sectoral obligations.
Services offered
Our interventions:
- Legal advice related to the provision of investment services
- Preparation of the accreditation file and support for the client in relation to the regulators during the accreditation process
- Drafting of procedures and policies necessary for the provision of investment services
- Drafting of the contractual engineering within the framework of the approval application or in the continuity of the proposed investment services
- AML/CFT system: risk mapping, risk classification, AML/CFT procedure, asset freezing procedure, permanent and periodic controls, outsourcing control
- Support in interactions with regulators
- Drafting of contracts for the marketing of financial instruments
- Drafting of general conditions / service contracts
- Drafting of the GTC/GU of investment services
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