Payment Services Law & Regulation

As a payment service provider, you can rely on our expert solicitors for strategic and pragmatic legal and regulatory advice

We can advise you on how to become authorised to provide payment services and how to comply with the regulatory regime set under the Financial Services and Markets Act 2000 (FSMA) and also by the Financial Conduct Authority (FCA) and the Payment Systems Regulator (PSR).

What we do: Payment services solicitors

The Payment Services Regulations 2017 (Regulations) govern the provision of payment services in the UK. The Regulations create an authorisation and registration regime that differs from the authorisation regime under Part 4A of the FSMA.

In order to provide payment services you must either have appropriate authorisation and permissions under Part 4A FSMA, be exempt or be an agent of a payment institution or electronic money institution.

The Regulations detail what does and does not constitute the provision of payment services

Our payment services lawyers can assist you with your payment services requirements and walk you through what you need to do from applying for authorisation through to dealing with your regulators. Some of the typical areas we would help your business with include:

  • Advising whether or not your business plan involves regulated payment services
  • Advising unregulated firms how to ensure they structure their activities so that they do not inadvertently carry out regulated payment services and on any regulatory requirements they need to be aware of
  • Applying for authorisation to provide payment services or issue electronic money
  • Drafting, negotiating and updating commercial agreements including white label agreements between service providers
  • Drafting and reviewing customer agreements for the provision of payment services to businesses and consumers
  • Drafting and reviewing policies and procedures
  • Anti-Money Laundering (AML) legislation
  • Data protection legislation including the GDPR and DPA
  • Financial Ombudsman Service (FOS) – including guidance on how to handle customer complaints
  • Dealing with any of your regulators on your behalf including the Financial Ombudsman Service in relation to complaints
  • Queries relating to any area of regulated payment services and electronic money issuance which could include any of the following
    • legality of fees connected with payment accounts
    • How best to apply strong customer authentication to electronic payments
    • Payment Services Directive (PSD2)
    • Payment Accounts Directive (PAD)
    • Payment account switching
    • Financial Conduct Authority (FCA) – including handbook rules and breaches
  • Sale, acquisitions and mergers involving regulated companies including those providing payment services

Our payment services solicitors will also work closely with our corporate and commercial teams to cover all aspects of your deal, so the legal work is seamless whatever the transaction.

What our clients say

We pride ourselves on delivering an excellent service for clients, but don’t just take our word for it.

Who we work with

Our payment services lawyers regularly advise many different individuals and organisations, such as:

  • financial services firms
  • payment services firms
  • fintech firms that provide services to regulated firms
  • fintech firms that provide payment related services that fall outside of the regulations
  • firms that provide training in relation to any of the above

We explain how payment services regulation may affect you and your business, of if you’re new to financial services, we can discuss how you need to become regulated and the steps to maintain that regulation.

Why choose Harper James? Our payment services solicitors’ experience

Our payment services solicitors have all been recruited from top 100 UK law firms or from large international businesses. They each have more than 10 years experience. Find out more about our finance solicitors here:

Pricing plans

Our three transparent pricing packages are designed to give you the widest possible access to high-quality legal advice, whatever the size and nature of your business:

City

Straightforward access to senior solicitors at a competitive rate.

An affordable solution for businesses needing one-off legal support. Receive ‘City’ partner-level expertise at a fraction of ‘City’ prices.

Enterprise

Have legal peace of mind for £189 per month with additional support from £125 per hour.

A monthly subscription legal support package specifically designed for start-ups and smaller businesses.

On-Demand

Providing you with priority access to a dedicated panel of highly experienced solicitors.

Fully account managed quarterly subscription service for businesses with more complex legal needs.

What next?

Please leave us your details and we’ll contact you to discuss your situation and legal requirements. There’s no charge for your initial consultation, and no obligation to instruct us. We aim to respond to all messages received within 24 hours.

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A national law firm

We mainly work remotely, so we can work with you wherever you are. But we can arrange face-to-face meeting at our offices or a location of your choosing.

Our commercial lawyers are based in or close to major cities across the UK, providing expert legal advice to clients both locally and nationally.

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