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Brexit: what are the options for the financial services industry?

David Sahr (Mayer Brown LLP)
Mark Compton (Mayer Brown LLP)
Alexandria Carr (Mayer Brown LLP)
Guy Wilkes (Mayer Brown LLP)
Alexander Behrens (Mayer Brown LLP)

Journal of Investment Compliance

ISSN: 1528-5812

Publication date: 7 November 2016

Abstract

Purpose

To explain the impact for financial services firms of the UK’s vote to leave the European Union (EU) and to assess the possible options for conducting cross-border financial services between the UK and EU in the future. Key to this is the likely loss of the EU “passport” for financial services that allows a firm licensed in one EU state to offer its services freely throughout all EU states.

Design/methodology/approach

Explains the process by which the UK will leave the EU and negotiate future trading arrangements; the key considerations for financial services firms doing cross-border business in the EU; the various options for cross-border business in the future; and the key steps financial services firms should be taking to respond to the vote to leave the EU.

Findings

Many issues still remain uncertain and are unlikely to be resolved for a number of years, but long lead times to implement solutions mean that firms should be considering their options now.

Practical implications

Firms should be evaluating their current reliance on EU passports and the alternative options that might be suited to their business, such as the “quasi-passports” available under certain specific EU laws or relocation of part or all of their business.

Originality/value

Legal analysis and practical guidance concerning an unprecedented political development with profound impacts on financial services in Europe, by experts with long-term experience of EU negotiations and financial services gained from working for the British government, regulators and regulated firms.

Keywords

  • Financial services
  • European Union (EU)
  • Brexit
  • Cross-border
  • United Kingdom (UK)

Citation

Sahr, D., Compton, M., Carr, A., Wilkes, G. and Behrens, A. (2016), "Brexit: what are the options for the financial services industry?", Journal of Investment Compliance, Vol. 17 No. 4, pp. 45-53. https://doi.org/10.1108/JOIC-09-2016-0039

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Emerald Group Publishing Limited

Copyright © 2016, Mayer Brown LLP.

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