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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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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...
    Law-Now: Banking
    Go to the Law-Now website

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    Simon Johnston
    07/09/2016
    CMS Real Estate Finance Guide
    18/05/2017
    Oil and gas - untapped potential in Islamic finance
    This article first appeared in Islamic Finance News, May 2017. Shakeel Adli discusses why gradual and progressive developments in the UK Continental Shelf have seen a shift in operators and ownership of North Sea assets, providing a great opportunity for those.
    01/06/2010
    CMS Restructuring and Insolvency in Europe Newslet...
    28/04/2017
    The extent of an “information duty” owed by a non-advising bank t...
    Thomas and another v Triodos Bank NV [2017] EWHC 314 (QB) In a recent mis-selling case, the High Court has examined the extent of the duty of care which a bank owes to a fixed rate loan customer in the course of a non-advised sale.
    25/04/2017
    Financial Conduct Authority launches discussion on distributed le...
    The Financial Conduct Authority (“FCA”) has opened for consultation its discussion paper on distributed ledger technology (“DLT”). The FCA is accepting responses until 17 July 2017. Overview The FCA has issued a discussion paper on the potential for future.
    21/04/2017
    Financial Conduct Authority launches consultation on draft guidel...
    On 13 April 2017, the UK Financial Conduct Authority (“FCA”) launched a consultation on a draft approach document setting out its approach to the implementation and interpretation of the Second Payment Services Directive (“PSD2”).
    04/04/2017
    Introducing the S-VACC – Singapore's new multi-purpose fund vehic...
    This article was produced by Nabarro LLP, which joined CMS on 1 May 2017. Summary and implications Singapore is on the verge of introducing the S-VACC, a one-size-fits-all fund regime that may finally create a practical domestic structuring option for Singapore.
    31/03/2017
    Tesco DPA reveals how need to announce price sensitive informatio...
    Following Tesco PLC’s announcement to the London Stock Exchange on 28 March, the SFO has confirmed that it has, in principle, reached a DPA with Tesco Stores Limited (“TSL”) regarding an accounting scandal in 2014, which resulted in the business overstating.
    29/03/2017
    Reform and reflection in the banking sector
    This article first appeared in Islamic Finance News, March 2017. Shakeel Adli discusses why Iran's banking sector remains one of the world's largest fully Shariah compliant banking systems, comprising 30 Iranian banks of which the majority are privately owned.
    28/03/2017
    The European Commission launches a public consultation on FinTech...
    The European Commission has launched an action plan, and has opened a public consultation on FinTech, in a bid to further strengthen the Single Market for retail financial services. The Commission hopes to obtain input on how the regulatory and supervisory.
    15/03/2017
    The end of the bridge loan for investors?
    This article first appeared in Islamic Finance News, March 2017. Shakeel Adli discusses why bridge loans have become an increasingly popular option for short-term funding and why Shariah compliant investors and funders need to take their terms into consideration.
    15/03/2017
    FCA and Japanese Regulator Agree FinTech Co-operation Framework
    On 9 March 2017, the Financial Conduct Authority (FCA) announced that it had agreed a co-operation framework with its Japanese equivalent, the Financial Services Agency of Japan (JFSA). The co-operation framework aims to promote innovation in both Japan and.
    10/03/2017
    Calls under performance bonds: leniency trend continues in Scotla...
    Last year we reported on a decision of the Scottish Court of Session which suggested that greater leniency may apply to the interpretation of performance bonds in Scotland than in England (see our earlier Law-Now here).
    09/03/2017
    Budget 2017: Lease Taxation Post-Implementation of IFRS 16 (Lease...
    The Government announced yesterday that it will consult in summer 2017 on the legislative changes required following the implementation of the International Accounting Standards Board’s new leasing standard, IFRS 16 (Leases), which applies to periods of account.
    27/02/2017
    Asymmetric jurisdiction clauses upheld by Commercial Court
    The English High Court has held that asymmetric jurisdiction clauses are valid and are exclusive jurisdiction clauses for the purposes of Brussels 1 Recast overriding previous uncertainty following a decision of the French courts.
    22/02/2017
    FCA consults on illiquid assets held by open-ended funds
    The FCA is consulting on the future of illiquid assets and open-ended investment funds (Discussion Paper 17/1).   This follows the well-publicised suspension of redemptions by open-ended property funds in the immediate aftermath of the EU referendum.
    22/02/2017
    Avoiding the "death spiral": High Court finds for MasterCard in i...
    MasterCard has prevailed in ten High Court actions (heard together) brought against it by UK high street retailers, in the latest instalment of the multilateral interchange fee (“MIF”) litigation. In a judgment of 30 January 2017, the High Court found that.
    21/02/2017
    Islamic Finance and global shipping and aviation markets
    The asset finance market in the Middle East has seen increasing use of Shariah compliant finance to fund transactions. Standard Chartered Bank (SCB) made shipping news headlines in December 2016 when it advanced a USD350 million senior secured Murabaha facility.