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Banking & Finance

Portugal

CMS Rui Pena & Arnaut has a wide experience and strong competence in assisting banks, other financial and loan institutions in national and cross border transactions, in:

  • Corporate Finance
  • Acquisition finance
  • Leveraged & mezzanine finance
  • Real estate finance
  • Projects and infrastructures finance
  • Structured finance

Other than an important emphasis within the regulatory and supervision area, we also have strong competences and accumulated experience in restructuring and turnarounds, as well as in transactions involving distressed assets and non performing loans.

We have, for several years, been assisting banks and multilateral institutions in investment and infrastructure projects finance in Portuguese-speaking countries, in particular in Angola.

The team is composed of a set of young professionals with a vast experience in assisting complex financial transactions, with a strong multi-jurisdictional rationale, total dedication and with great capacity to bring an added value to the transactions in which they participate.

Acknowledgement

Clients praise the team's pragmatic approach: "The firm was extremely hands-on and has always adopted a practical, straight to the point attitude in resolving issues. The lawyers' quick responses, availability and accessibility should also be highlighted."
Chambers & Partners - 2017

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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.
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”).