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Banking & Finance

The evolution of the lending and debt markets since the start of the financial crisis has left participants facing regulatory change, greater competition in the supply of debt funding, financial distress and a flight to sector specialist advice. Our banking and finance practice can help you navigate these challenges, with expertise in the full spectrum of banking and finance law. Whether you are a lender, borrower, sponsor, insolvency practitioner or debt advisor, our priority is resolving your challenges and putting your world first.

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 over 70 offices globally, 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 range from domestic and major global corporates, funds and other financial institutions and advisors across the UK, Europe, the Middle East, Brazil, Mexico and Asia.

“CMS is devoted to high-quality work and can provide leverage through their international presence.”

Chambers UK 2022, Banking & Finance

"They are very commercial, cut to the chase and identify key issues - they are absolutely excellent."

Chambers, 2020

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Asset Based Financing
We are committed to building strong and trusted relationships with you at every level, and we recognise the importance of these relationships. We are
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Asset Finance
As a bank, owner, export credit agency, lessee, lessor, operator or portfolio manager, you face many challenges in financing assets. These challenges
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Capital Markets & Derivatives
The financial crisis and its aftermath have had a considerable impact on the financial markets. There have been significant changes in the practice an
Corporate Lending & Leveraged Finance
As a lender or borrower, the increasing regulation of debt markets, combined with increasing sources of funding, poses challenges for your business. L
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Energy Finance
As a participant in the energy sector, you will need to ensure that financing arrangements are compatible with unique regulatory, cross-jurisdictional
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Finance Disputes
Our Finance Disputes team at CMS consists of litigation and international arbitration specialists within our 20-Partner market leading Financial Servi
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Financial Institutions Lending
In utilising debt finance, financial institutions face regulatory and administrative constraints that can make it difficult to align the interests of
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FinTech
Whether you are a buy-now-pay-later start-up looking to grow your business, an established financial institution acquiring the latest fintech technolo
Hotel Finance
Hotel financing poses unique challenges, potentially combining development, real estate investment, acquisition, portfolio and cashflow-based financin
InfraTech Finance
The combined factors of reduced opportunities for bricks and mortar infrastructure investment and an increased need for modern communications infrastr
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Islamic Finance
Newcomers to Islamic Finance and existing participants alike face a whole host of challenges that they must successfully navigate to structure, docume
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Real Estate Finance
The real estate finance market has undergone significant change in recent years, with increased regulation, the entrance of more categories of lenders
Restructuring & Insolvency
Our dedicated team of restructuring and insolvency lawyers in England and Scotland advises all types of stakeholder involved in, or impacted by,
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Trade, Export & Commodity Finance
At CMS we combine our sector expertise across fields such as energy and utilities, natural resources and agribusiness, with a wealth of experience in
30/10/2023
InDebt
Welcome to InDebt, our knowledge hub of legal insights focusing on the global debt markets.   The recent evolution of the lending market has involved significant regulatory change and has led to greater competition in the supply of debt funding. While current geopolitical and macroeconomic challenges continue to press borrowers, all market participants will want stay up to date with key developments and issues as they arise.   InDebt aims to help navigate these challenges, providing practical insights to the topical issues, regulatory updates and case law affecting all stakeholders. Content will be regularly updated. If there is a topic you’d like to discuss further, please do get in touch.
Law-Now: Banking
Go to the Law-Now website
Highlights of our experience in Banking & Finance in the UK
A major E&P company on its negotiations with its main stakeholders and regulators (DECC and OGA) in seeking a solvent restructuring of its debt of circa USD 1.4bn. Exceptional Innovation Technology...

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15/03/2024
Real estate finance law in the United Kingdom
A. Mortgages 1. Can security be granted to a foreign lender? Yes. Security can be granted to a foreign lender. 2. Can lenders take a mortgage over land and buildings on the land? Yes. Lenders can take...
14/03/2024
CMS advises Rothesay on £6bn bulk annuity portfolio acquisition
International law firm CMS has advised Rothesay on the acquisition of a Scottish Widows £6bn bulk annuity portfolio from Scottish Widows, a member of the Lloyds Banking Group. The transaction is initially...
07/03/2024
Introduction to Crypto-Asset Reporting Framework, the new OECD international...
In 2023, the OECD conducted its first comprehensive review of the Common Reporting Standard (“CRS”) since CRS was adopted by the OECD in 2014. This has resulted in amendments in two key areas:(A)...
07/03/2024
The new UK Private Intermittent Securities and Exchange System or “PISCES”...
On 6 March 2024, the UK Government published a consultation relating to a new type of share trading platform, referred to as a “Private Intermittent Securities and Exchange System” or “PISCES”. ...
06/03/2024
Spring Budget 2024 – key tax announcements
Against the backdrop of an election (probably) later this year, the Chancellor was evidently feeling the pressure to make tax announcements that would find favour with the electorate, whilst constrained...
06/03/2024
FCA sends Dear CEO letter to firms in warning over money laundering failings
The Financial Conduct Authority (“FCA”) has sent a Dear CEO letter (the “Letter”) to Annex 1 Firms warning them about common failings found in their ability to prevent money laundering, terrorist...
04/03/2024
Aircraft finance and leasing in England
Information current as of March 2020 1. PROPOSED TRANSACTION STRUCTURE Relevant Jurisdiction: EnglandThe Aircraft will be purchased by the Owner and leased on an operating lease basis to the Airline...
01/03/2024
Digital Assets
Does your business have or is it ready for digitalisation and digital assets? Digital assets are transforming the world of business. Not just technologies in the news, like AI and crypto currencies, but a whole world of technological advances, from digital twins and extended reality to smart contracts and token­isa­tion. For tech businesses and those already using such technology to develop and market new products, much of this is core activity and relatively well understood – although legal and regulatory uncertainties remain, and potential pitfalls still exist for the unwary. But other business leaders, often less familiar with the territory, have to manage an increasingly complex assortment of issues that never troubled their predecessors, ranging from protecting their brand in the metaverse to deciding whether they should tokenise their shares or accept payments in crypto currencies. This section of Bandwidth looks at issues around the development and regulation of a wide variety of digital assets, and discusses how businesses can embrace them to innovate and evolve.
29/02/2024
UK FCA proposals to publicly announce investigations could be detrimental...
With every new director of enforcement and market oversight at the Financial Conduct Authority (FCA), there is a step change in the way the regulator approaches enforcement cases.Under the FCA's former...
29/02/2024
Lexology Masterclass: The future of AI in financial services, where innovation...
On 29 February, our CMS Regulatory team and NextWave hosted a Lexology Masterclass on the future of AI in financial services. The webinar is now available on demand for anyone who wants to learn more or revisit the session. Our special thanks to Tony Clark, CEO of NextWave for joining the CMS team, and sharing his own practical examples of AI use cases in the financial services sector. If you are interested in hearing more from him and staying updated on the latest trends and developments in the sector, please sign up here. In this webinar, we offered practical insights into how financial institutions are navigating the AI landscape, and looked at the challenges to regulating AI, how firms are approaching AI and how they can leverage existing technologies. The masterclass covered specific regulatory concerns for financial institutions, while showcasing noteworthy AI use cases to provide concrete examples of successful integration and innovation. In this masterclass, you will:Explore the UK’s approach to AI regulation, contrasting it with US, EU and China strategies and identify the current challenges from diverse jurisdictional approaches. Delve into regulatory concerns and challenges for financial in­sti­tu­tions. Gain insights into successful AI use cases, providing practical examples of integration and innovation. Understand how financial institutions approach AI, evaluating readiness and discussing potential regulatory governance frameworks. Examine the future of AI in finance, while we analyse trends, advancements, and the evolving regulatory landscape. If there are specific topics you'd like to discuss further, please do feel free to contact any of us. Our details are listed below. For more information on AI and related topics, please visit the CMS or NextWave’s AI dedicated sites. How do you use AI - NextWaveAI in Financial Services - CMS
27/02/2024
Law Commission’s draft Digital Assets Bill – welcome news for the UK
Following an extensive consultation and publication of its final report in June 2023, the Law Commission has now published its draft Digital Assets Bill (the “Bill”). The Bill is designed “to ensure...
26/02/2024
Law Commission’s draft Digital Assets Bill – welcome news for the UK
Following an extensive consultation and publication of its final report in June 2023, the Law Commission has now published its draft Digital Assets Bill (the “Bill”). The Bill is designed “to ensure...