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Banking & Finance

The evolution of the lending and debt markets since the start of the world financial crisis, and the continuing financial crisis in Brazil, has left participants facing regulatory change, greater competition in the supply of debt funding, currency devaluation, financial distress and a flight to sector specialist advice. Our banking and finance practice can help you navigate these challenges. Whether you are a lender, borrower, sponsor, insolvency practitioner or debt advisor, our priority is resolving your challenges by delivering a combination of local and international expertise.

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 offices in 54 cities and 34 countries 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 include both domestic and major global corporates, and also funds and other financial institutions and advisors active in Brazil and across Latin America.

We are also one of the few truly international firms with experience in dealing with the complex cross-border issues arising from restructurings and insolvencies involving Brazil.

High­lights of our ex­per­i­ence in Bank­ing & Fin­ance in Brazil
Aareal Bank on the ne­go­ti­ation of a USD 90m struc­tured re­fin­an­cing for the con­struc­tion and op­er­a­tion of a lux­ury hotel in Mayakobá, May­an Rivi­era.A Brazili­an steel group on se­cur­ity and guar­an­tees...

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10/01/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
14/12/2021
Fin­an­cing COP 26 out­comes
It was a wa­ter­shed mo­ment, ac­cord­ing to Mark Car­ney. The UN Spe­cial En­voy for Cli­mate Ac­tion and Fin­ance was in­tro­du­cing the Glas­gow Fin­an­cial Al­li­ance for Net Zero (Gfanz): over 450 banks, as­set man­agers...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
07/04/2021
Fintech in Brazil
1. Fintech in Lat­in Amer­ica: over­view of loc­al mar­kets  His­tor­ic­ally, the pro­vi­sion of fin­an­cial ser­vices in Brazil has been con­cen­trated in a small num­ber of play­ers. Non­ethe­less, in the last dec­ade...
Comparable
05/01/2021
PRICL - a game changer in the re­in­sur­ance world?
Al­though the “club at­mo­sphere” around re­in­sur­ance has been dis­turbed in re­cent years due to a surge in re­in­sur­ance dis­putes and the reg­u­lat­or’s en­hanced ini­ti­at­ives to boost con­tract cer­tainty1...
05/10/2020
Re­struc­tur­ing and in­solv­ency law in Brazil
1. What is the primary le­gis­la­tion gov­ern­ing in­solv­ency and re­struc­tur­ing pro­ceed­ings in your jur­is­dic­tion? Law 11,101 of 9 Feb­ru­ary 2005. The law provides rules on ju­di­cial re­cov­ery, ex­tra-ju­di­cial...
Comparable
07/08/2020
Oil & Gas / Ship­ping – Com­mer­cial Court Ex­am­ines Leg­al Ef­fect of “Sub­ject...
In the con­text of a crude oil voy­age charter, the Com­mer­cial Court has provided guid­ance on the leg­al ef­fect of “sub­ject to” pro­vi­sions in con­tracts.  In do­ing so, the Com­mer­cial Court noted that...
05/06/2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...
22/08/2019
Mex­ico: Sup­ple­ment­ary reg­u­la­tions to the FinTech law pub­lished
Fol­low­ing the pas­sage of Mex­ico’s Law to Reg­u­late Fin­an­cial Tech­no­logy In­sti­tu­tions (the “Fintech Law”) in March last year, the Na­tion­al Com­mis­sion for the Pro­tec­tion and De­fence of Fin­an­cial Ser­vices...
06/08/2019
Brexit news for fin­an­cial ser­vices firms-from 20 Ju­ly 2019 to 2 Au­gust...
EC: EQUI­VAL­ENCE IN THE AREA OF FIN­AN­CIAL SER­VICES The EC has set out its ap­proach on equi­val­ence and on re­cent le­gis­lat­ive im­prove­ments in terms of how it grants equi­val­ence to non-EU coun­tries. It...
19/07/2019
Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are...