Sean Donovan-Smith

Sean P. Donovan-Smith

Partner
RELATED SERVICES

Sean Donovan-Smith has over 20 years' experience acting for funds, managers, advisers and institutional investors. He focuses on financial services and markets regulatory advice, regulatory enforcement and investigations, advising on regulated and unregulated funds, and the international marketing of funds and other financial products.

He has wide experience dealing with complex financial services matters, including derivative and futures products, regulatory compliance, FSMA/FCA requirements and cross-border regulatory issues.

Sean Donovan-Smith has over 20 years' experience acting for funds, managers, advisers and institutional investors. He focuses on financial services and markets regulatory advice, regulatory enforcement and investigations, advising on regulated and unregulated funds, and the international marketing of funds and other financial products.

He has wide experience dealing with complex financial services matters, including derivative and futures products, regulatory compliance, FSMA/FCA requirements and cross-border regulatory issues.

Sean recently served as Commissioner and Counsel for the UK Department of Culture, Media and Sport to examine expanding the UK's dormant assets regime.

Fund Formation

  • Advising on onshore and offshore fund structuring and formation, including advising on UK and offshore fund migrations, fund re-structuring and outsourcing projects

Fund Management and Brokers

  • Advising on the creation of alternative fund strategies as UCITS compliant funds
  • Acting for quantitative and systematic investment managers active on futures and equities markets
  • Reviewing and updating terms of business for broker-dealers and futures commission merchants

Fund Marketing

  • Advising on the EUs Alternative Investment Fund Managers Directive (AIFMD) and private placement of share and fund interests internationally

Regulation

  • Advising on the impact of the Brexit referendum and future of UK/EU financial services regulation
  • Establishing UK fund managers/advisers and applications for FCA authorisation
  • Advising on various regulatory issues, including the FCA approved persons regime, the EU Market in Financial Instruments Directive, the EU Capital Requirements Directive, training and competence, systems and controls and conduct of business requirements

Derivatives

  • Advising on compliance with the EU's European Markets Infrastructure Regulations (EMIR) and the EU's EU Regulation on Energy Market Integrity and Transparency (REMIT)
  • Negotiating and advising on service provider agreements including administration agreements, clearing and settlement agreements and prime brokerage arrangements (including ISDA documentation)

Sean has appeared on various media platforms, including television and radio, on programmes such as BBC Breakfast, BBC News, BBC Radio 4's The World Tonight, Sky News and Albourne TV. His articles have been featured in publications, including Bloomberg’s Journal of European Business Law, City A.M., Compliance Reporter, Complinet, Fund AIM, Hedge Fund Review and the Investment Lawyer. He has also been quoted in Bloomberg, the Financial News, the Financial Times, the Hedge Fund Journal and Thomson Reuters.

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CREDENTIALS
Education
  • PgDL, University of Law, London, 2000
  • MLitt, University of St. Andrews, 1996
    (Management, Economics & Politics)
  • B.B.A., University of Massachusetts, 1995
    (Management with Economics)
Professional Affiliations
    • Member, Bank of England Financial Markets Law Committee
    • Member, Chartered Institute for Securities and Investments
    • Member, Financial Services Lawyers Association
    • Member, Futures Industry Association
Professional History
    • Partner, Locke Lord LLP
    • Partner, K&L Gates LLP (2012-2017)
    • Senior Associate, Speechly Bircham LLP (2009-2012)
    • Senior Associate, Katten Muchin Rosenman LLP (2006-2009)
    • Trainee and Associate, KLegal LLP (2003-2006)
    • Associate Director of Business & Legal Affairs, INVESCO Asset Management Limited (1998-2003)
    • Admitted as a Solicitor in England and Wales (2005)