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Banking & Finance

Austria

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. We ensure our services are ahead of market trends, anticipating the challenging environment of your business.

Whether you are a bank or a corporation, a financial service provider or an entity confronted with regulation, an investment fund or public entity, our priority 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 aim to be one step ahead of market developments, in order to build relationships with you that last.

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    Capital Markets

    Legal questions regarding capital markets are of concern to investors and issuers alike. At the same time, the ever-increasing number of new EU directives and their implementation under domestic law means that the raising of capital is an increasingly complex issue. This makes our deep and comprehensive expertise in this specialist field particularly relevant, expertise which we have accumulated over many years, both in debt/equity and derivatives transactions.

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    07/03/2019
    Up­date of Bel­gian pro­pos­al for MGA reg­u­lat­ory frame­work
    On 21 Novem­ber 2018, we is­sued a news­let­ter (ac­cess­ible here) re­gard­ing a draft law amend­ing the law of 4 April 2014 on in­sur­ance, which will cre­ate a new reg­u­lat­ory frame­work for man­aging gen­er­al agents (“MGAs”) in Bel­gi­um (“Pro­pos­al”).
    06/03/2019
    EMIR RE­FIT: cleared to land
    In a press re­lease, the Coun­cil of the European Uni­on (“Coun­cil”) an­nounced re­cently that a pre­lim­in­ary agree­ment was reached re­lat­ing to the pro­posed reg­u­la­tion that would amend the European Mar­ket In­fra­struc­ture Reg­u­la­tion (“EMIR”).
    28/02/2019
    Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
    In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
    25/02/2019
    Brexit – ESMA cla­ri­fies its po­s­i­tion on trade re­port­ing in a no-deal...
    In a bid to cla­ri­fy the re­port­ing ob­lig­a­tions of trad­ing data fol­low­ing a no-deal Brexit, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) has pub­lished a state­ment provid­ing guid­ance on how trad­ing data between the United King­dom and the European Uni­on.
    20/02/2019
    Brexit – ESMA puts in place no-deal memor­andums of un­der­stand­ing with...
    In a bid to cla­ri­fy the re­port­ing ob­lig­a­tions of trad­ing data fol­low­ing a no-deal Brexit, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) has pub­lished a state­ment provid­ing guid­ance on how trad­ing data between the United King­dom and the European Uni­on.
    10/01/2019
    Crypto-as­sets un­der re­view: ESMA and EBA pub­lish their re­ports on...
    Yes­ter­day the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) and the European Bank­ing Au­thor­ity (“EBA”) each re­leased a re­port on crypto-as­sets. ESMA’s re­port sets out ESMA’s ad­vice to EU poli­cy­makers on ini­tial coin of­fer­ings and crypto as­sets.
    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    15/11/2018
    What is the fu­ture of float­ing rates?
    The in­ter­b­ank mar­ket rates have served as a ref­er­ence for float­ing rates for all bor­row­ers for many years. Com­pan­ies and in­di­vidu­als that in­cur debt at float­ing rates are also ap­plied In­ter­b­ank Offered Rates (IBORs), such as EUR­I­BOR, LIBOR or TIBOR, de­pend­ing.
    21/09/2018
    EU to define €100’s of bil­lions pa of sus­tain­able in­vest­ment
    It is easy to ask: what does sus­tain­able in­vest­ment mean? The an­swer is not simple even though a lot rides on it. In the EU cli­mate and en­ergy space alone, the EU es­tim­ates that ad­di­tion­al sus­tain­able in­vest­ment will need to rise to €180 bil­lion per an­num (on.
    10/09/2018
    Brexit and the in­sur­ance sec­tor – in­form cus­tom­ers about Brexit’s...
    The European In­sur­ance and Oc­cu­pa­tion­al Pen­sions Au­thor­ity (“EIOPA”) provided an opin­ion on in­form­ing cus­tom­ers about the im­pact of the with­draw­al of the United King­dom from the European Uni­on (“Opin­ion”).
    27/07/2018
    Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
    Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.
    13/06/2018
    EU tem­por­ary meas­ures on CF­Ds and bin­ary op­tions
    On 22 May 2018, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) ad­op­ted two de­cisions im­ple­ment­ing tem­por­ary product in­ter­ven­tion meas­ures. These de­cisions re­strict the mar­ket­ing, dis­tri­bu­tion and sale of con­tracts for dif­fer­ence (“CF­Ds”) and bin­ary.