Dr Andrew Henderson
Andrew Henderson, based in London, is a partner in Goodwin’s Financial Industry, FinTech, and Private Investment Funds practices. He has over twenty years of experience giving counsel and advice on UK and EU financial services and markets law and regulation, working closely with colleagues in Goodwin’s EU offices.
Dr. Henderson’s work includes advice on the application of regulation, the management of regulatory risk, governance and the relationships with regulatory authorities. This includes advice on establishing, acquiring, investing in and developing financial services businesses, especially those involving new technologies connected with blockchain, distributed networks, digital assets, payments and lending. His work also includes advice to venture, private equity, credit and real estate fund managers on the structuring, establishment, and operation of their businesses and the marketing and distribution of their funds, including those marketed as ESG compliant.
He has worked on regulatory change projects both for financial institutions and for various governments and regulators and also acted as an FCA “skilled person” on three occasions in the review of matters connected with custodians and investment managers.
Prior to joining Goodwin, Dr. Henderson was a partner at Macfarlanes. Previously, he was a partner at Eversheds Sutherland. Before that he was a financial regulatory lawyer at Ropes & Gray and Clifford Chance, where he led the Clifford Chance Middle East financial services practice. Dr. Henderson is also a former Cambridge University college law lecturer.
Dr. Henderson chaired the committee of legal experts that contributed to the “Dorman Assets Scheme: A Blueprint for Expansion Report” (2019). He also advised the UK Government on its response to expanding the dormant assets scheme in 2021 and provide advice to Lord Oates on the Financial Services (Fossil Fuel Exploitation) Private Members Bill 2022. He has had experience in advising and drafting financial legislation, regulation and regulatory rules for various governments and regulators, including entities in Abu Dhabi, Botswana, Brunei, Dubai, the DIFC, Morocco, Singapore, and the United Kingdom (Financial Services Authority).
Practice Area
Panel
- Contributing Author
Experience
- Macfarlanes LLP (2019 - 2022)
- Eversheds-Sutherland (2014 - 2019)
- Ropes and Gray (2011 - 2014)
- Clifford Chance (2006 - 2011)
Qualifications
- Bachelor of Laws (LL.B.) (Part Time) (1991 ' 1995)
- LL.M (Part Time) (1995 ' 1996)
- Doctor of Philosophy (PhD) (1996)
- Bachelor of Arts (B.A.) (1987-1990)
- Solicitor (1998)
- Barrister (1999)
Education
- University of Johannesburg (1991 ' 1995)
- Constiutional Law and Human Rights, University of Johannesburg (1995 ' 1996)
- Constitutional and Administrative Law, University of Cambridge (1996)
- University of the Witwatersrand (1987-1990)
- Cambridge University (1996 – 1999)
3 Contributions by Andrew Henderson
PRACTICE NOTES
EU UCITS VI Consultation (2012): eligible assets, derivatives, EPM, OTC counterparty risk, liquidity management, depositary passport, MMFs and long-term investments; subsequent reforms (MMF Regulation, ELTIF) — Archived overview
ARCHIVED: This Practice Note is archived and is no longer maintained.
UCITS VI
UCITS VI outlines the European Commission’s consultation on Undertakings for Collective Investment in Transferable Securities, issued on 26th July 2012. For information on UCITS V, see UCITS V [Archived]. The consultation considered product rules, liquidity management, depositary matters, money-market funds and long-term investments. It followed the Commission’s UCITS V legislative proposals, likewise published in July 2012 (see UCITS V [Archived]).
In light of the European Securities and Markets Authority (ESMA) speech by ESMA Chair Steven Maijoor on 6th November 2014, the topics raised under UCITS VI were not to be progressed through a single measure, i.e. by amending the UCITS Directive. By way of example, there was at the time a proposal for a regulation concerning money-market funds (MMFs). For further detail on the Money Market Funds Regulation, see MMF Regulation—essentials. Mr Maijoor indicated that Member State authorities (NCAs) would first need to implement the UCITS V Directive (2014/91/EU) before any UCITS VI measure. The European Commission’s work programme for 2015: A New Start contained no references to UCITS VI and there is no indication of when or whether a UCITS VI legislative proposal...
Financial Services
PRACTICE NOTES
UK FCA ESG Sourcebook: Climate disclosure regime for asset managers, life insurers and pension providers (TCFD entity/product reports, transition plans, scope, timings, delegation; interaction with EU SFDR)
Introduction and Background
This Practice Note provides an overview of climate-related disclosure duties for asset managers, life insurers and FCA-regulated pension providers as prescribed in chapter 2 of the FCA Handbook—ESG sourcebook.
It addresses, among other areas:
which asset managers and asset owners are in scope of the rules
requirements for climate-related reports
Task force on climate-related financial disclosures (TCFD) entity and product reporting
group-level disclosures and delegate reports
The UK’s plans for the future of financial services—including mandatory TCFD-based disclosures—were outlined in the Chancellor of the Exchequer’s Financial Services statement in November 2020. For further detail, see Practice Note: Mandatory climate-related disclosures for UK financial institutions. In December 2021, the FCA published Policy Statement PS21/24 setting out its response to Consultation Paper CP21/17 on climate-related disclosures by asset managers, insurers and FCA-regulated pension providers, and confirmed the final rules. For commentary on the consultation, see News Analysis: Climate-related disclosures for the UK asset management industry—the FCA consults on TCFD-compliant measures. The rules came into force on 1 January 2022, with first public disclosures required by 30 June 2023...
Financial Services
PRACTICE NOTES
UK FCA Sustainability Disclosure Requirements (SDR) and Investment Labelling: Scope, Anti‑Greenwashing, Entity/Product Disclosures, Retail Naming/Marketing, Distributor Duties and Implementation Timetable
This one minute guide offers a concise overview of the essential features of the UK Sustainability Disclosure Requirements (SDR) and Labelling regime. Following its October 2022 consultation (CP 22/20), the Financial Conduct Authority (FCA) released its response and the final SDR rules in Policy Statement (PS 23/16) on 28 November 2023. In April 2024, the FCA also issued final guidance on the new anti‑greenwashing rule (FG 24/3). For background, see News: FCA confirms new sustainability disclosure and labelling regime, LNB News 28/11/2023 67, and News Analysis: FCA sets sustainability disclosure rules for investments. For general information on sustainable finance and environmental, social and governance (ESG) matters relevant to the financial services sector, see: Sustainable finance and ESG—overview. For details of the FCA’s priority areas on sustainable finance and ESG, see Practice Note: Sustainable finance and ESG in the UK financial sector—FCA’s priority areas.
What is SDR?
The UK’s SDR sets out requirements covering:
a new anti‑greenwashing rule
a voluntary labelling regime for products with a sustainability objective within their investment objective
product disclosure requirements
sustainability entity reporting
retail investor‑specific requirements on naming and marketing, consumer‑facing product‑level disclosures and for...
Financial Services
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