Carl Fernandes

  • Partner
  • Ecarl.fernandes@lw.com
  • 99 Bishopsgate
  • London EC2M 3XF
  • United Kingdom
  • T +44.20.7710.4777
  •  
 

Profile

Carl Fernandes is a partner in the London office of Latham & Watkins and a member of the Financial Institutions Group. Mr. Fernandes has over 20 years of experience in London, Hong Kong, and Australia advising a wide range of financial services clients, spanning all key sub-sectors, including multi-disciplinary investment banks, broker-dealers, custodians, asset managers and private banks.

Mr. Fernandes advises on a broad range of complex regulatory issues, with a particular focus on the scope of licensing requirements in the context of cross-border business, the full range of wholesale market conduct requirements and restrictions, and the design, development, and implementation of systems and controls to manage these regulatory risks.

Mr. Fernandes provides advice on these issues in a wide variety of contexts, including influencing and implementing regulatory reform, supporting clients through intense supervisory or enforcement interactions with regulators, and conducting due diligence and structuring acquisitions or disposals of regulated businesses.

Experience

Mr. Fernandes' experience has included advising:

  • A leading US investment bank on their Brexit planning project 
  • A number of global investment banks and asset managers on the implementation of MiFID, MAR, BMR, and EMIR
  • A number of global investment banks and asset managers on various aspects of the development of their Brexit contingency plans
  • Internal reorganizations of regulated groups arising out of recovery and resolution planning and/or regulatory capital optimization
  • A wide range of CASS issues both in the context of an FCA enforcement investigation and separately in supporting a firm through a wide-ranging s166 review
  • A global investment bank in relation to both an internal investigation and also several foreign regulatory investigations into alleged market manipulation on a foreign stock and futures exchange
  • A global investment bank in relation to the restructuring of local governance arrangements at its UK subsidiary to best meet both regulatory expectations and the commercial dynamics influencing the role of the subsidiary in the global business plans
  • A material acquisition and disposal of regulated businesses at the asset and liability level, requiring an intricate analysis of regulatory risks and requirements arising out of each option for legally effecting the transfers

Thought Leadership

  • FCA Consults on Post-Brexit Prudential Regime for Investment Firms -  June 24, 2020
  • FCA Fails to Find Its Watersheds Moment in Adams v. Options SIPP UK LLP -  June 18, 2020
  • European Commission Report Assesses AIFMD Application and Scope -  June 17, 2020
  • EU Short-selling Bans Lifted -  May 19, 2020
  • European Commission Publishes Draft Delegated Regulations on ESG Disclosures in Benchmarks -  May 04, 2020
  • New Draft Regulatory Technical Standards Under the EU Benchmarks Regulation -  March 31, 2020
  • Sustainable Finance and Climate Change Risk in Financial Services - For Insurers -  March 17, 2020
  • FCA Proposes New Rules on Climate-Related Disclosures by Listed Issuers -  March 12, 2020
  • FCA Calls on Firms to Develop a Purposeful Culture -  March 06, 2020
  • MiFID Refit — Commission Consults on Review of MiFID II Framework -  February 27, 2020
  • ESMA Provides Its Input on the BMR Review -  February 20, 2020
  • AMF Proposals to Revive the Research Industry in France -  February 19, 2020
  • Key Takeaways from ESMA’s recent MiFID Transparency Consultation Papers -  February 14, 2020
  • Sustainable Finance and Climate Change Risk in Financial Services -  February 06, 2020
  • Third-Country Firms Operating Cross-Border Into the EU — Upcoming Reform -  January 14, 2020
  • Brexit: 10 Commonly Asked Questions -  January 07, 2020
  • FCA Consults on SMCR for Benchmark Administrators -  December 03, 2019
  • ESAs Consult on Amendments to the PRIIPs KID -  November 25, 2019
  • FCA Warns Firms of Conduct Risk During LIBOR Transition -  November 22, 2019
  • PRIIPs and Corporate Bonds — Clarity at Last? -  October 31, 2019
  • Review of the EU Benchmarks Regulation -  October 17, 2019
  • ESMA’s Consultation Paper on the MAR Review -  October 11, 2019
  • Research Unbundling — FCA Finds Rules Working Well -  September 23, 2019
  • Key Emerging Regulatory Issues and Focus Areas for Institutional Asset Managers -  September 19, 2019
  • FCA Confirms SMCR Optimisations -  July 26, 2019
  • HM Treasury Kicks Off Financial Services Future Regulatory Framework Review -  July 22, 2019
  • 10 Key Regulatory Focus Areas for UK/European Wholesale Markets in 2019 – Progress Report -  July 02, 2019
  • Key Industry Lessons From the FCA's First Competition Law Case -  May 24, 2019
  • EU Kicks Off MAR Review -  May 16, 2019
  • FCA Fires Warning Shot to Brokers in Wholesale Markets -  April 30, 2019
  • Are Private Equity Bank Buyouts Set to Soar?  -  March 21, 2019
  • MiFID II Costs and Charges — Room for Improvement -  March 01, 2019
  • Brexit and Financial Services — FCA Issues Further Guidance for Firms -  February 01, 2019
  • Regulating Crypto-assets and ICOs? ESMA and EBA Consider the Benefits -  January 24, 2019
  • FCA Consults on Further Amendments to the SMCR -  January 23, 2019
  • Brexit and Financial Services — UK Equivalence Decisions -  January 21, 2019
  • European Commission Report on the Operation of the AIFMD -  January 15, 2019
  • 10 Key Regulatory Focus Areas for UK/European Wholesale Markets in 2019 -  January 09, 2019
Clients say: "He knows our company and our structure very well. He is very experienced in the regulatory area and also very pragmatic."Chambers UK 2019
Bar Qualification
  • England and Wales (Solicitor)
Education
  • Bachelor of Commerce and Bachelor of Laws (Hons), Murdoch University, 1996
  • LL.B., Murdoch University, 1996
Practices
  • Capital Markets
  • Financial Regulatory