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Banking & Finance

Banking & Finance

At CMS Rodríguez-Azuero we understand the dynamics that exist in connection with Banking and Finance, both locally and internationally, covering the full spectrum of banking and finance, regulatory, transactional, and capital markets.

Our Banking & Finance team advises local and international financial and banking entities, in connection with regulatory issues that affect, or may affect, their activities in Colombia and abroad, both regarding supervision and control entities and industry associations.  We are well-known and broadly recognized for providing a comprehensive advice that incorporates not only a legal perspective but also a deep knowledge of the banking and finance business and industry.

The Firm supports financial institutions in the structuring and implementation of new products or the restructuring of existing ones.

The Firm also advises non-regulated companies to prevent them from engaging in transactions that are exclusive to financial institutions, which could result in severe civil and criminal penalties.

It also advises companies and brokers in the insurance sector both in the development of their products and in their relationship with reinsurers and market agents.

The Firm has significant experience in structuring, drafting, negotiating and closing corporate and financing transactions for local and cross-border projects, as well as in the design of robust security packages under Colombian law and in their integration into global security structures.

We have advised local and foreign debtors and lenders, multilateral financial entities and hedge funds, in the design, drafting, negotiation and implementation of credit agreements with different payment structures and guarantees, syndicated loans and other structured financing facilities.

The Firm also has experience in structuring transactions in the capital markets, such as the issuance of common and preferred shares, issuance of securities in securitization processes, IPOs and OPAs.


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24/05/2023
The fu­ture of crypto-as­set reg­u­la­tion
For over a year, the European Cent­ral Bank (ECB) has been con­duct­ing in­vest­ig­a­tions in­to the po­ten­tial is­su­ance of a di­git­al Euro, with the par­ti­cip­a­tion of the European Par­lia­ment be­ing a pri­or­ity for...
13/03/2023
Fin­an­cial con­sumer pro­tec­tion against elec­tron­ic fraud: its step to leg­al...
On Oc­to­ber 4, 2022, House Bill 223 of 2022 was filed, which seeks to in­tro­duce amend­ments to Law 1328 of 2009, also known as the Fin­an­cial Con­sumer Pro­tec­tion Re­gime. The bill, through which meas­ures...
21/02/2023
Gre­en­wash­ing prac­tices in the fin­an­cial sec­tor: BNY Mel­lon In­vest­ment Ad­viser...
BNY Mel­lon In­vest­ment Ad­viser INC (“BNY”), an in­vest­ment man­age­ment firm, was sanc­tioned on May 23rd, 2022, by the U.S. Se­cur­it­ies and Ex­change Com­mis­sion (“SEC”).The facts in­vest­ig­ated by the...
28/09/2022
The new com­mit­ment of the Su­per­in­tend­ency of Fin­ance in the fight against...
15/07/2022
In­fla­tion: Cent­ral Bank Meas­ures
The con­cern that coun­tries with sig­ni­fic­ant eco­nom­ic strength, such as the United States, could enter an even­tu­al re­ces­sion, the con­sequences that we are still ex­per­i­en­cing from the Cov­id-19 pan­dem­ic...
01/06/2022
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
08/04/2022
Re­struc­tur­ing and in­solv­ency law in Colom­bia
1. What is the primary le­gis­la­tion gov­ern­ing in­solv­ency and re­struc­tur­ing pro­ceed­ings in your jur­is­dic­tion? The primary le­gis­la­tion gov­ern­ing busi­ness in­solv­ency pro­ceed­ings (re­struc­tur­ing and li­quid­a­tion)...
Comparable
15/03/2022
New cap­it­al re­quire­ments rules for third-party as­set man­agers
En­sur­ing fin­an­cial sta­bil­ity and pro­tect­ing pub­lic sav­ings are key ob­ject­ives of fin­an­cial reg­u­la­tion. Con­cepts such as the solvency ra­tio, the value at risk meth­od­o­logy and the clas­si­fic­a­tion of fin­an­cial...
24/02/2022
What you should know be­fore mak­ing re­ceiv­ables fin­an­cings in Europe and...
Ef­fi­cient cash flow, li­quid­ity, and bal­ance sheet man­age­ment are cru­cial for the suc­cess and growth of com­pan­ies. The im­pact of the pan­dem­ic cer­tainly in­creases this need, mak­ing re­ceiv­ables fin­an­cing...
04/02/2022
The Double Tax­a­tion Agree­ment between France and Colom­bia (“DTA”): ef­fects...
The fin­an­cing trans­ac­tions mar­ket was one that suffered sev­er­al im­pacts from the modi­fic­a­tions in­tro­duced to the tax re­gime through Law 2010 of 2019 (“the “Tax Re­form of 2019”), im­pact­ing for­eign...
21/09/2021
Gov­ern­ing law and dis­pute res­ol­u­tion in cross-bor­der fin­an­cings: New York,...
Eng­lish law vs. New York law and jur­is­dic­tion: What are the con­sid­er­a­tions when choos­ing the gov­ern­ing law and jur­is­dic­tion for cross-bor­der fin­an­cing trans­ac­tions? What are the be­ne­fits of each gov­ern­ing...
08/07/2021
Elec­tron­ic factor­ing in Colom­bia is near to be­come a real­ity
Those who per­form factor­ing op­er­a­tions in Colom­bia, re­gard­ing elec­tron­ic in­voices -fac­tur­as- do not really do so by ne­go­ti­at­ing the in­voices them­selves, as will hap­pen start­ing in Au­gust 2021, but by...