From globalisation and market sophistication to fiercer competition at a domestic and international level, greater regulatory pressure and increasing legislation – the environment and market for structured finance transactions are constantly changing in terms of practices and techniques.
To ensure the success of your transactions and manage risk in this changing environment, it is important to structure them securely, in accordance with applicable regulations and banking market practices. Another area for attention is the production of financing documentation, which must respond to your internal constraints and secure each transaction in connection with all types of financing. Finally, it is important to ensure an even distribution of risks between the parties involved in each transaction and ensure that each party's interests are protected according to the type of transaction at hand.
This triple challenge means you need to have access to a reliable source of legal knowledge and be advised by specialised and dedicated professionals able to provide you with an excellent quality of service in a sometimes very short timeframe.
Our Structured Finance team, composed of experts in banking and finance, supports you to ensure the smooth treatment and reliability of all types of financing, in relation to national and cross-border transactions.
Based on an in-depth knowledge of practices, our team will assist you on structuring your finance transactions (to define the terms and conditions and specific characteristics of each transactions and guide your choices based on applicable regulations and potential developments) all along the life of a transaction until completion (drafting and negotiation of financing and related documentation, term sheet and final documents, managing relations with the various participants, checking conditions precedent, and proceeding to necessary formalities in relation to the financing and security documentation). Our specialists advise our client on corporate finance transactions (financing of working capital, refinancing of existing debt and debt restructuring), acquisition financing (acquisition of companies' shares or goodwill, with or without leverage – including LBOs – and capex and external growth financing) as well as project finance transactions (infrastructure and renewable energies notably).
Our team also advises on real-estate finance transactions, stock financing and asset finance. It also has significant experience in terms of Euro PP financing, both in loan and bond format, with or without security interests.
In collaboration with other teams of our firm, whose expertise are called upon on a case-by-case basis, our experts are able to offer you a comprehensive understanding of all legal and tax issues which may arise over the course of a financing transaction.
Quotes 2023
Chambers Global & Europe Capital markets : Structured finance | CMS is particularly highly regarded for its debt and structured finance expertise. The law firm assists with the drafting of German or English law-governed security agreements. The team advises issuers or arrangers and dealers on a range of transactions involving Euro PPs, green bonds, the issuance of covered bonds and the establishment of EMTN programmes. The practice offers further experience in trade receivables securitisation, leveraging close ties with offices in the network to advise major French and international banks. |
Legal 500 EMEA Derivatives and structured finance | The Paris CMS Francis Lefebvre derivatives and structured finance group remains a force in the marketplace, bringing strength to advising major domestic and international financial institutions and private equity firms (Crédit Agricole Corporate and Investment Bank, Société Générale, BNP Paribas, My Money Bank/Cerberus) and corporates in gases, retail and mining, on a comprehensive range of matters. The practice utilises two dedicated groups: securitisation and structured finance (led by Grégory Benteux, who brings extensive experience counselling clients on the arranger or originator’s side, and Alexandre Bordenave, a specialist in distressed financings and banking litigation) and derivatives (part of the capital markets team, led by Rosetta Ferrère, who handles share equity and equity-linked products, and capital markets head Marc-Etienne Sébire). Counsel Pauline Larroque brings expertise to ESG derivative instruments. |
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