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Banking & Finance

Italy

The CMS Banking & Finance practice is one of Europe’s largest and provides local and pan-European expertise in the full spectrum of banking, finance, regulatory and capital markets law.

The Italian team ensures that our services are ahead of market trends, anticipating the challenging environment of your business. A tailored commercial approach is key. Whether you are a bank or a corporation, a financial service provider or an entity confronted with regulation, an investment fund or public entity, the priority of our Italian banking professionals is resolving your challenges and putting your world first.

Our network consists of over 500 banking and finance lawyers who have proven their pan-European skills in working together for more than one decade.

Whether you seek deep-rooted local advice or multi-jurisdictional expertise, our teams will advise you seamlessly. We select and tailor the teams that will best fit with the scope of your matter.

Top level project management goes hand in hand with expertise. Rigor and determination go hand in hand with innovation.

We advise clients on a wide range of issues, from the most common deals (which include letters of credit, bank and insurance guarantees, regulatory matters and – in cooperation with our corporate team – setting -up of branches and subsidiaries of financial institutions in Italy and abroad) to major transactions (debt restructuring, securitisations, project finance).
The Italian team aims to be one step ahead of market developments, in order to build relationships with you that last. 

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Benoît Vandervelde
Feb 2018
CMS Guide to Private Place­ment of Funds
Ac­cess­ing European In­vestors post AIFMD
26/07/2019
EU tax­onomy: Steer­ing cap­it­al flows to­wards a sus­tain­able fu­ture for...
Last month a group of ex­perts rep­res­ent­ing a range of European fin­an­cial ser­vices sec­tors, in­ter­na­tion­al or­gan­isa­tions and civil so­ci­ety pub­lished their re­com­mend­a­tions for an EU tax­onomy for sus­tain­able eco­nom­ic activ­it­ies.
19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are dir­ec­ted to­wards meet­ing the Par­is Agree­ment’s tar­get of.
16/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right to be for­got­ten” be con­sist­ent with an im­mut­able ledger? Oth­er.
11/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion costs and im­prove ef­fi­ciency.
08/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing law and jur­is­dic­tion pro­vi­sions with­in a con­trac­tu­al.
03/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Leg­al Per­son­al­ity De­term­in­ing wheth­er a sys­tem has leg­al per­son­al­ity has im­plic­a­tions for many of the ques­tions con­sidered in re­la­tion to this top­ic. In 'Ho­ri­zon Scan­ning — Block­chain: The Leg­al Im­plic­a­tions of Dis­trib­uted Sys­tem­s', the Law So­ci­ety ques­tions.
02/07/2019
Crowd­fund­ing: The Coun­cil for the EU pub­lishes the next step to­wards...
On 26 June 2019, the Coun­cil for the European Uni­on pub­lished a com­prom­ise pro­pos­al in re­la­tion to the European Com­mis­sion’s draft frame­work to reg­u­late crowd­fund­ing plat­forms in the EU (the "Crowd­fund­ing Reg­u­la­tion").
21/06/2019
EU pub­lishes flag­ship re­port on what con­sti­tutes sus­tain­able eco­nom­ic...
Fol­low­ing mul­tiple dead­line ex­ten­sions, the Tech­nic­al Ex­pert Group on Sus­tain­able Fin­ance (“TEG”) re­leased its clas­si­fic­a­tion sys­tem for en­vir­on­ment­ally sus­tain­able eco­nom­ic activ­it­ies (the “Tax­onomy”) this week.
19/06/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.
24/04/2019
Bel­gian reg­u­lat­ory frame­work for MGAs now in force
On 21 Novem­ber 2018 and 7 March 2019, we is­sued news­let­ters (re­spect­ively avail­able here and here) re­gard­ing the Bel­gian pro­pos­al to cre­ate a new reg­u­lat­ory frame­work for man­aging gen­er­al agents (“MGAs”) in Bel­gi­um (“Pro­pos­al”).
18/04/2019
BARE­CON - The Im­port­ance of Class
In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.