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Banking & Finance

Banking & Finance

Colombia

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 insurance sector companies and brokers 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 local and cross-border corporate and project finance transactions, as wells as in the designing of robust security packages under Colombian law and in its integration to 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 finance 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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07 April 2021
Fintech in Colom­bia
1. Fintech in Lat­in Amer­ica: over­view of loc­al mar­kets  In a coun­try with fin­an­cial in­clu­sion of only 55.6% in dis­persed rur­al areas and 66.7% in rur­al areas, fintech com­pan­ies have be­come al­lies of...
Comparable
18 March 2021
The Fund of Al­tern­at­ive Sources of Pay­ment for In­fra­struc­ture Pro­jects...
On March the 2nd, 2021, the Min­istry of Fin­ance ("MF") is­sued De­cree 223 of 2021 (“De­cree 223”), that in­tro­duces Part 23 to the second Book of De­cree 1068 of 2015 and reg­u­lates the Fund of Al­tern­at­ive...
23 October 2020
Re­com­mend­a­tions and Guidelines for the is­su­ance of Green Bonds in Colom­bia
Con­sid­er­ing that fin­an­cial mar­kets play a fun­da­ment­al role in the man­age­ment of en­vir­on­ment­al, so­cial, and gov­ernance risks, as well as in the lever­age of op­por­tun­it­ies as­so­ci­ated with the mo­bil­iz­a­tion...
01 September 2020
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
27 August 2020
Rel­ev­ant as­pects to be con­sidered in fin­an­cing trans­ac­tions and struc­tur­ing...
There are sev­er­al min­im­um leg­al as­pects that must be taken in­to ac­count by the parties to every fin­an­cing trans­ac­tion. Fea­tures such as cur­rency of de­nom­in­a­tion and/or dis­burse­ment, ap­plic­able for­eign...
23 July 2020
Rene­go­ti­ation of bank­ing con­tracts be­cause of Cov­id-19
Cov­id-19 brought with it chal­lenges in terms of health, so­cial as­sist­ance, edu­ca­tion and nat­ur­ally on a fin­an­cial level, spe­cially in the bank­ing sec­tor. Chal­lenges for this sec­tor as the pos­sib­il­ity...
09 June 2020
In­solv­ency law and rules in Colom­bia
1. What type of re­struc­tur­ing/re­or­gan­isa­tion mech­an­isms ex­ist in Colom­bia? There are sev­er­al re­struc­tur­ing/re­or­gan­isa­tion mech­an­isms.Firstly, private and vol­un­tary re­struc­tur­ing pro­ceed­ings are al­lowed...
21 April 2020
De­cree 562: Man­dat­ory in­vest­ment in solid­ar­ity pub­lic debt se­cur­it­ies -...
The pres­ence of COV­ID-19 has meant that   the Gov­ern­ment not only has to im­ple­ment meas­ures to con­trol the health emer­gency, but also those that mit­ig­ate the im­pact on eco­nom­ic activ­it­ies. Hence the...
20 April 2020
The be­ne­fits and re­liefs offered by cred­it es­tab­lish­ments in the con­text...
This art­icle re­gard­ing the be­ne­fits and re­liefs offered by cred­it es­tab­lish­ments in the con­text of the eco­nom­ic, so­cial and eco­lo­gic­al emer­gency is found only in Span­ish, be­cause it men­tions do­mest­ic...
17 April 2020
Law and reg­u­la­tion of Cov­id-19 loan morator­i­ums in Colom­bia
1. De­scrip­tion of the le­gis­la­tion 1.1 Is there a morator­i­um on loans le­gis­la­tion im­ple­men­ted in your jur­is­dic­tion? Yes. 1.2 If no: Are there any on­go­ing dis­cus­sions re­gard­ing a po­ten­tial in­tro­duc­tion...
Comparable
08 April 2020
Be­ne­fits and re­liefs offered by cred­it es­tab­lish­ments in the con­text of...
This art­icle re­gard­ing the be­ne­fits and re­liefs offered by cred­it es­tab­lish­ments in the con­text of the eco­nom­ic, so­cial and eco­lo­gic­al emer­gency is found only in Span­ish, be­cause it men­tions do­mest­ic...
02 April 2020
Bank­ing & Fin­ance Colom­bi­an leg­al up­dates in con­nec­tion with COV­ID-19
This art­icle re­gard­ing Bank­ing & Fin­ance Colom­bi­an leg­al up­dates in con­nec­tion with COV­ID-19 is found only in Span­ish, be­cause it men­tions do­mest­ic terms and very loc­al con­tent.If you are in­ter­ested to...