header-logo header-logo

22 June 2017
Issue: 7751 / Categories: Bar Council , Legal News , Brexit , EU
printer mail-detail

Clock ticking on passporting rights

Critical for financial institutions that Brexit agenda covers passporting as soon as possible

It is vital to discuss passporting rights or transitional arrangements ‘as soon as possible’, a leading financial institutions lawyer warned this week as the Brexit negotiations got underway.

Rachel Kent, global head of financial institutions practice, Hogan Lovells, said the key concern for financial institutions is passporting, which allows firms authorised in the UK to operate in the European Economic Area, and vice versa. Passporting rights end once the UK leaves the EU. Therefore, financial institutions would need to have relocated parts of their business to the EU, with appropriate licensing, in order to continue trading.

Financial institutions are currently in the advanced stages of preparing their contingency plans, she said. The Bank of England has given firms until 14 July to submit these to the regulator, the Prudential Regulation Authority.

Kent warned that, given the level of preparation and expense required to move operations overseas, time may be running out. She said firms are reluctant to relocate, and equally unlikely to move back once they have moved.

‘It is critical for the industry that either a mutual access deal is agreed or transitional arrangements maintaining the status quo are put in place to take the pressure off for a further two or three years,’ she said.

‘We wait with bated breath for when this will make it on to the agenda. It needs to be done as soon as possible.

‘We are hoping for a bespoke mutual access deal, probably in the form of a free trade agreement, whereby all or some of the current passporting rights can be created. That would cause minimal disruption, and firms wouldn’t need to relocate.’

Meanwhile, Guy Lougher, head of Brexit advisory at Pinsent Masons, has warned the chances of agreeing a transitional arrangement on trade, let alone finalising and adopting a full new trade deal, ‘look slim’ as to do so would require the unanimous approval of all 27 EU countries.

He said companies are calculating the last date by when they must have taken any decision to move or adapt their business, and ‘realising they need to take a decision soon’.

Issue: 7751 / Categories: Bar Council , Legal News , Brexit , EU
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll