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Sébastien Herbert

Associate, Financial Regulation Group, Paris

"I specialise in financial services regulation, advising leading and innovative financial institutions on all types of regulatory issues, including licensing, conduct of business, governance, anti-money laundering, financial sanctions, remuneration, regulatory investigations and enforcement. I aim at bringing efficient legal solutions, focussing on innovative banking and financial technology."

Overview

Professional experience

Education and qualifications

Overview

Sébastien is an associate in our Paris office, specialising in banking law, financial markets regulations, payment services, anti-money laundering regulations and financial sanctions.

Sébastien has experience in a large variety of work including advising credit institutions, investment firms, payment institutions, digital asset providers and financial intermediaries in relation to the provision of banking services, investment services, payment services and digital asset services in France and includes assistance with regulatory enforcement proceedings. 

His expertise covers a wide range of fields, such as banking monopoly, the European passport, the organizational requirements of financial entities (AML/CFT, governance, IA, DLT, etc.) and the rules of good conduct (canvassing, advertising, distribution networks, etc.).

Sébastien has been involved in various advisory and litigation matters for both leading institutional players and innovative start-ups.

Work highlights

Sébastien’s landmark experience includes advising: 

  • Leading banks and financial institutions on:

the implementation of AMLDV and compliance with French AML/CFT framework and financial sanctions in France (governance, internal controls, training…);

MiFID II/ CRDV and the repapering of their contractual documentation;

Advising on transactional matters with due diligence on the regulatory structuring of the regulated activities of target entities;

Advice on compensation practices and policies;

Advice on the structuring of a licence application, with a comprehensive review and advice on the business model and structure.

  • Various UK firms and their EEA subsidiaries on the impact of Brexit on their regulated activities in France
  • Various banks and financial institutions on their implementation of AML-CFT regulations in France.
  • Credit and payment institutions: advice on their prudential requirements and regulatory and contractual structuring of their payment service activity in France
  • Innovative payment and financial services providers on their regulatory environment, including with respect to innovative banking and financial technology (IA, DLT, digital assets).
  • Digital asset providers: advice on their business framework (PSAN).

Professional experience

2020 to date: Associate, Financial Regulation Group, Linklaters

2018 - 2020: Associate, CMS Francis Lefebvre Avocats, Neuilly sur Seine

2018: Trainee, French Financial Markets Authority (Autorité des Marchés Financiers (the “AMF”)

2017: Trainee, Financial Regulation Group, Linklaters

Seminars

April 2022: Crypto-assets and financial services: what is going on across Europe

Education and qualifications

2016 – 2018 – French Bar – Paris, France

Sébastien holds a Master 2 in international business law - University of Burgundy