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Banking & Finance

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.

The Italian team ensures that our services are ahead of market trends, anticipating the challenging environment of your business. A tailored commercial approach is key. Whether you are a bank or a corporation, a financial service provider or an entity confronted with regulation, an investment fund or public entity, the priority of our Italian banking professionals 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 advise clients on a wide range of issues, from the most common deals (which include letters of credit, bank and insurance guarantees, regulatory matters and – in cooperation with our corporate team – setting -up of branches and subsidiaries of financial institutions in Italy and abroad) to major transactions (debt restructuring, securitisations, project finance).
The Italian team aims to be one step ahead of market developments, in order to build relationships with you that last. 


Feed

15/03/2024
Real estate finance law in Italy
A. Mortgages 1. Can security be granted to a foreign lender? Yes. There is no restriction on the ownership of land by foreign parties in general or a foreign bank taking security over land. However there...
06/03/2024
Knowledge on information and communication technology and security are...
On 21 February 2024, the European Central Bank released a supervision newsletter on new policy / its expectation for more bank board expertise on information and communication technology (“ICT”) and...
04/03/2024
Aircraft finance and leasing in Italy
1. PROPOSED TRANSACTION STRUCTURE The Aircraft will be purchased by the Owner and leased on an operating lease basis to the Airline pursuant to the Lease. Is this is the usual structure for transactions...
13/02/2024
EU legislative initiatives on recovery and resolution planning for insurance...
With the compromise proposal for an Insurance Recovery and Resolution Directive (IRRD) published by the EU Council in January 2024, EU legislative initiatives to establish a recovery and resolution framework...
23/01/2024
New EBA guidelines to manage AML risks as part of the activities of crypto-asset...
EBA released guidelines amending ML/TF Risk Factors Guidelines to include crypto-asset service providers within its AML framework.On 16 January 2024, the European Banking Authority (EBA) released its...
29/12/2023
Tackling the misuse of crypto-assets for ML-TF purposes
As a constantly evolving sector, the crypto-assets ecosystem presents continuous challenges, particularly in terms of money laundering and terrorist financing (ML-TF) risks.To tackle the misuse of crypto-assets...
13/12/2023
Finalisation of CRD6/CRR3 and the Article 21c third country branch requirement
On 6 December 2023, the finalised texts of the EU banking package known as CRD61and CRR32 were published following the conclusion of negotiations between the EU co-legislators. In this article, we set...
06/12/2023
EU publishes Directive on distance financial services contracts in Official...
In November 2023, the EU legislator adopted the new Directive regarding financial services contracts concluded at distance.This Directive essentially aims to modernise the existing legal framework governing...
22/11/2023
Beneficial ownership - Clarifications from MEF, Bank of Italy and FIU
  Given the complexity and relevance of the subject matter, CMS provides clients with a beneficial owner verification (and reporting) service through its dedicated helpdesk, composed of professionals...
15/11/2023
NFTs under MiCAR – are they regulated or not?
The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for crypto-assets. MiCAR's overarching goal is to extend regulatory oversight to those categories of cryptos...
15/11/2023
European Parliament adopts Data Act
On 9 November 2023, the European Parliament adopted the harmonised rules on fair access to and use of data (the Data Act), which complements the Data Governance Act of November 2020 by laying down rules...
09/11/2023
Identification of the beneficial owner of Italian companies | What you...
As it is known, by 11 December 2023, all “enterprises having legal personality that must be registered in the Companies Register” (companies, legal persons, funds, trusts, trust companies, etc.) shall...