Private Equity and Venture Capital Firms

Early Phase and Start Up Advice

Private Equity regulated activity in the UK and European Economic Area (EEA) normally requires authorisation by the Financial Services Authority (FSA) or the regulator in the country in which the firm's European operations are based. Resources Compliance is geared up to help. We provide advice and hands on assistance on all the technical and compliance issues related to start up and early phase development.

Deciding the structure and location of a Private Equity Fund is vitally important as it is likely to have a major impact on the taxation, marketing and regulatory implications. Naturally, we can help our clients to consider the options and obtain any specialist advice required via our network of regulatory, legal and taxation advisers.

FSA Applications

Having helped our clients work through the various regulatory, organisational and operational issues involved in setting up a business, we will assist them in preparing their application for authorisation by the FSA. We will provide hands-on support and guidance as we project manage the FSA Application for the client. Our service concentrates on ensuring the application is as accurate and detailed as appropriate for the services to be provided.

Our service includes advising on such things as Controllers, Close Links, Approved Persons and Client Money as well as providing them with the appropriate Compliance Procedures and Compliance Monitoring Plan for their business.

We will also advise and guide the applicant through the various aspects and impact of MiFID and the CRD on their business as well as any Passporting issues.

We will not simply submit an FSA application and then forget it! Instead we will liaise closely with the FSA Authorisation team and monitor the progress of an application. In general, because we insist on getting applications "right first time", our experience has been that our hands-on approach ensures applications are processed relatively smoothly. In the event that any FSA queries do arise on the application we are there to deal with them for our client.

Post FSA authorisation

Once authorised by the FSA we provide comprehensive Compliance Support covering off all the key regulatory areas.

Typically this will include:

• A consultant point of contact together with an administrator support for dealing with day to day issues.
• Design & implementation of compliant investment management processes & procedures
• Establishing clear and compliant dealing arrangements.
• A review of the back office or settlement administration
• Establishing flexible but robust monitoring procedures
• Assisting with FSA or host regulator periodic reports
• Carrying out regular compliance risk and resource assessments
• Implementation of appropriate compliance monitoring programmes supplemented by regular external monitoring by Resources Compliance.
• Production of regular short, reader friendly regulatory bulletins with additional in depth analysis as required for major regulatory developments.
• Assistance with understanding how to structure financial resources to meet regulatory requirements and monitoring compliance

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