Derivatives
Derivatives (or forward financial instruments) are essential for hedging certain risks (particularly the risk of market price fluctuations) or for speculation. Their complexity requires support. In a fast-changing market, we need to anticipate change and adapt to new regulations.
Our team, with its excellent responsiveness and extensive expertise, will make the difference and offer you the most effective solutions to meet your needs.
Our services
We assist our clients in particular with :
- structuring their strategic transactions and hedging their risks ;
- drafting and negotiating their documentation relating to over-the-counter (OTC) derivatives: FBF and ISDA agreements;
- drafting and negotiating collateral annexes (VM/IM);
- drafting and negotiating their documentation relating to the clearing of derivatives;
- drafting and negotiating their documentation relating to repurchase agreements (FBF and GMRA agreements) or securities lending (AFTI and GMSLA agreements);
- the provision of legal opinions on the enforceability of close-out netting or with a view to obtaining favourable prudential treatment; and
- surrounding regulatory aspects (EMIR, SFTR, CRD/CRR, BRRD, Benchmarks Regulation, etc.);
Our lawyers have extensive knowledge of every type of financial contract (swaps, options, forwards) and of the various underlying assets on which they may be based, whether interest rates, currencies, equities, commodities, credit or even cryptocurrencies.
Our team is also regularly involved in temporary sales of securities, such as repurchase agreements and securities lending.
Our lawyers also have innovative expertise in ESG derivatives: Financial Power Purchase Agreements (or virtual PPAs),CO2 quota derivatives, voluntary carbon offsets and sustainability-linked derivatives.
Our clients
We advise institutional clients (corporate and investment banks, asset management companies), corporate clients and public bodies, giving our team a global, cross-disciplinary view of derivatives.
Our awards
- Chambers & Partners
- IFLR 1000 2021
- Legal 500 EMEA : Tier 1
- Décideurs Magazine 2021
Legal experts for Derivatives
Local market knowledge. Global outlook
We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.
About CMS