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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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    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.
    10/04/2019
    A mixed bill of health for EU loan syn­dic­a­tion
    The much an­ti­cip­ated EU re­port on loan syn­dic­a­tion was pub­lished on 5 April 2019. It was po­si­tioned as a fact-find­ing ex­er­cise, com­mis­sioned by the European Com­mis­sion in 2017 and car­ried out by a third party con­sultancy, to study the func­tion­ing of the syn­dic­ated.
    02/04/2019
    Crowd­fund­ing: European Par­lia­ment steps up in­vestor pro­tec­tion in...
    On 27 March 2019 the European Par­lia­ment ad­op­ted its po­s­i­tion on the Com­mis­sion's pro­pos­als for com­mon rules for crowd­fund­ing plat­forms across Europe. The Com­mis­sion pub­lished the ori­gin­al draft reg­u­la­tion (the "Crowd­fund­ing Reg­u­la­tion") in March 2018, which.
    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.
    09/01/2019
    The ESA pub­lishes re­port on in­nov­a­tion fa­cil­it­at­ors
    On 7 Janu­ary 2019, the European Su­per­vis­ory Au­thor­ity (“ESA”) (con­sist­ing of the European Se­cur­it­ies and Mar­kets Au­thor­ity, the European Bank­ing Au­thor­ity and the European In­sur­ance and Oc­cu­pa­tion­al Pen­sion Au­thor­ity) pub­lished a joint re­port on “in­nov­a­tion.
    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.