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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.

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 65 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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Testimonials

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

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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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    Simon Johnston
    07/09/2016
    CMS Real Estate Finance Guide
    10/02/2017
    India Budget 2017 - 2018
    On 1 February, Finance Minister Arun Jaitley presented India’s annual Union Budget for 2017-2018 (the “Budget”) for the fiscal year beginning 1 April 2017. The central aim in this year’s Budget appears to focus on the most vulnerable with increased spending.
    01/06/2010
    CMS Restructuring and Insolvency in Europe Newslet...
    09/02/2017
    Conspiracy to commit contempt
    The Court of Appeal has held that agreeing to frustrate a freezing order can amount to the tort of conspiracy. Under the Lugano Convention, the court in whose territory the agreement is reached will have jurisdiction to hear a claim for damages by the beneficiary.
    07/02/2017
    New rules on regulatory references come into force in one month....
    The new rules in relation to regulatory references, which form part of the senior managers and certification regime, come into force in one month’s time on 7 March 2017. The new rules will apply to banks, building societies, credit unions and PRA-designated.
    06/02/2017
    New regulation comes into force supporting creation of a European...
    The new regulation n°655/2014 supporting the creation of a European bank account preservation order procedure came into force on 18 January 2017. This is now enforceable throughout the Member States of the European Union, excluding the United Kingdom and Denmark.
    01/02/2017
    Choice of English law presides in ISDA Master Agreements – Court...
    The Court of Appeal has upheld an earlier decision of the High Court that the law applicable to interest rate swaps entered into between a Portuguese bank and a number of Portuguese transport operators is English law.
    31/01/2017
    Post-termination calls on on-demand securities: Court of Appeal g...
    Earlier this month we reported on a Commercial Court decision enforcing the payment of demands made under Standby Letters of Credit after the termination of a large construction project. This decision has now been upheld by the Court of Appeal, with important.
    24/01/2017
    The upcoming money market fund regulation
    I. The Regulation introduces two new categories of MMF, with each MMF required to meet the requirements: short-term MMFs, whose objective is to offer money market rate returns while ensuring the highest possible level of safety.
    24/01/2017
    Limited Partnerships: UK Government call for evidence on Review o...
    Readers may be forgiven for thinking that Government reviews of limited partnership law are much like the proverbial bus, you wait ages (decades even) for one to come along and then two come at the same time.
    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.
    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.
    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.
    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,.
    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.
    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.
    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.
    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.