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Banking & Finance

United Kingdom

The evolution of the lending and debt markets since the start of the financial crisis has left participants facing regulatory change, greater competition in the supply of debt funding, financial distress and a flight to sector specialist advice. Our banking and finance practice can help you navigate these challenges, with expertise in the full spectrum of banking and finance law. Whether you are a lender, borrower, sponsor, insolvency practitioner or debt advisor, our priority is resolving your challenges and putting your world first.

Everyone we work with is just incredibly excellent at what they do. An instruction comes back to you with only those key questions that they need your input on.
Chambers, 2015

Today’s banking and finance transactions require expertise across a wide range of sectors. CMS is a top 10 global law firm with a strong sector focus. Our driver is to provide clients with pragmatic advice delivered by a multi disciplinary team. With over 60 offices globally, we provide sector expertise to support clients' finance requirements and are recognised for providing clear commercial advice and getting the deal done for our clients.

Our clients range from domestic and major global corporates, funds and other financial institutions and advisors across the UK, Europe, the Middle East, Brazil, Mexico and Asia.

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    Asset Based Financing

    Our asset-based financing teams focus on receivables and inventory finance and structured trade finance, with a particular emphasis on oil and gas related financings. The blend of skills and the breadth of experience of our partners, coupled with our extensive European coverage through the CMS network, enable us to provide a cost-effective yet highly specialised service to our clients. We thrive on complex multi-jurisdictional transactions.

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    Asset Finance

    As a bank, owner, export credit agency, lessee, lessor, operator or portfolio manager, you face many challenges in financing assets. These challenges could include increased regulation impacting on funding availability, financial distress caused by global economic conditions and asset-specific considerations such as tax and government licensing.

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    Capital Markets & Derivatives

    The financial crisis and its aftermath have had a considerable impact on the financial markets. Our dedicated Capital Markets and Derivatives team offers a wide range of transactional and advisory services for all aspects of capital markets, derivatives, structured products and structured finance transactions.

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    Corporate Lending & Leveraged Finance

    As a lender or borrower, the increasing regulation of debt markets, combined with increasing sources of funding, poses challenges for your business. Lenders want to remain competitive without sacrificing contractual protections, while borrowers want to achieve the optimum balance of contractual flexibility and competitive pricing.

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    Energy Finance

    As a participant in the energy sector, you will need to ensure that financing arrangements are compatible with unique regulatory, cross-jurisdictional and commercial issues. We have been involved as advisers in the energy markets since market inception, and through our experience of working with funders, developers, utilities, operators and other stakeholders in the relevant industries, we can help you create corporate and financing structures that can withstand the test of time.

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    Finance Disputes

    Disputes involving financial institutions can be complex and involve vast sums. This is where our experience gained through long-standing relationships with major banks and financial institutions can deliver efficient and effective solutions for your business.

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    Financial Institutions Lending

    In utilising debt finance, financial institutions face regulatory and administrative constraints that can make it difficult to align the interests of lenders, borrowers and other interested parties. Our Financial Institutions Lending team acts for banks, alternative lenders, insurers, brokers, private equity houses, fund managers and pension funds to implement funding structures that fit in with their business goals.

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    Hotel Finance

    Hotel financing poses unique challenges, potentially combining development, real estate investment, acquisition, portfolio and cashflow-based financing. Our hotel finance team acts for lenders, developers, owners and operators across each of these fields, and helps them meet these challenges and ensure that their financing arrangements complement wider commercial agreements without compromising lender protections.

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    Islamic Finance

    Newcomers to Islamic Finance and existing participants alike face a whole host of challenges that they must successfully navigate to structure, document and complete transactions in accordance with Shariah principles. These challenges include appropriately allocating legal, commercial and Shariah risks between parties and ensuring that transactions, products and services which purport to be Shariah compliant do not breach any Shariah prohibitions.

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    Real Estate Finance

    The real estate finance market has undergone significant change in recent years, with increased regulation, the entrance of more categories of lenders and changes to documentation. At CMS, we understand the challenges that these changes pose for you, having acted for for lenders, developers, borrowers, sponsors, hedge counterparties and others on a wide range of investment and development transactions.

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    Restructuring & Insolvency

    In coping with the impact of financial distress, stakeholders require pragmatic advice that achieves the best outcome in difficult situations. We have a well-established reputation for advising all types of stakeholders in financially distressed situations including: debtors; lenders; insolvency practitioners; boards of directors; buyers and sellers of distressed debt; and pension trustees, which enables us to understand your position and achieve your objectives.

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    Trade, Export & Commodity Finance

    At CMS we combine our sector expertise across fields such as energy and utilities, natural resources and agribusiness, with a wealth of experience in the full range of financing products offered to traders, exporters and producers.

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    Highlights of our experience in Banking & Finance...
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    17 January 2017
    CMS finance partner relocates to Hong Kong
    17/01/2017
    A heavy dose of Asplin J provides the perfect tonic for a PAG-gra...
    Property Alliance Group Limited v Royal Bank of Scotland plc [2016] EWHC 3342 (Ch) Summary On 21 December 2016 judgment in Property Alliance Group Limited v Royal Bank of Scotland plc was handed down. The trial of this significant claim (in the region of £30m).
    13 December 2016
    CMS, Nabarro and Olswang confirm Practice and Sect...
    06/01/2017
    When the dust settles: post-termination calls on on-demand securi...
    A recent Commercial Court decision has rejected an attempt by a bank to resist payment of demands made under Standby Letters of Credit after the termination of a large construction project. The decision provides helpful guidance as to the application of the.
    Shakeel Adli
    30 November 2016
    Islamic finance in France: Opportunities galore
    22/12/2016
    Increasing interest rates in the event of a change in the financi...
    In the recent case of Blackwater Services Ltd and others v West Bromwich Commercial Ltd [2016] EWHC 3083 (CH), the High Court dismissed an appeal brought by the group of borrowers against a decision giving summary judgment in favour of West Bromwich Commercial.
    02 November 2016
    EMIR and its extraterritorial applicability
    21/12/2016
    AIM companies: proper use of social media and the importance of l...
    This month the AIM team of the London Stock Exchange published guidance on AIM companies’ use of social media to communicate with investors and other stakeholders, and the AIM Disciplinary Committee, which is a committee independent of the London Stock Exchange,.
    07/09/2016
    CMS Real Estate Finance Guide
    21/12/2016
    On-demand guarantees and the principle of strict compliance
    A Commercial Court decision earlier this month has considered the extent to which the principle of strict compliance applicable to letters of credit also applies to on-demand guarantees. The decision suggests a broader approach is to be adopted to on-demand.
    24/05/2016
    CMS advises PJSC Uralkali on its new $1.2bn pre-ex...
    20/12/2016
    Unpaid PAYE on employee shares - HMRC confirm an additional tax c...
    HMRC has recently publicly confirmed that if an employee has given an indemnity for PAYE tax on shares, this stops a further tax charge arising on any underpaid PAYE. Underpaid PAYE on shares can arise in a number of cases.
    24/05/2016
    CMS UK launches Brexit checklists
    14/12/2016
    Court confirms interview notes taken by lawyers in the context of...
    In a decision of the High Court recently handed down in connection with The RBS Rights Issue Litigation, the Court considered a claim of legal advice privilege by the Bank over direct communications between employees of the Bank and its in-house and external.
    Jason Brooks
    05/05/2016
    CMS advises on food and beverage sector’s largest...
    14/12/2016
    The Court of Appeal warns IRHP claimants not to chance a wager cl...
    The Court of Appeal recently handed down judgment in WW Property Investments Ltd v National Westminster Bank plc [2016] EWCA Civ 1142. Notably, it gave detailed reasons why WW had no real prospect of successfully establishing that various interest rate hedging.
    09/11/2015
    CMS Financial Services continues growth with key d...
    12/12/2016
    Disclaimers excluded negligent misstatement liability for website...
    The Court of Appeal has held that a bank could rely on a disclaimer which stated that it would not accept responsibility for the accuracy of a presentation on its website showing details of its coverage for non-performing loans.