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Banking & Finance

In the fast-moving world of financial institutions, the CMS Banking & Finance practice combines local and international expertise across banking, finance, regulatory and capital markets law.

A tailored commercial approach is key and we want your business to thrive. Whether you are a bank or a corporation, a financial service provider or a regulated industry, an investment fund or public entity, our priority is resolving your challenges and putting your world first.

CMS Hong Kong works with our international network of over 500 banking and finance lawyers internationally, who have proven their skills in transactional, regulatory and other matters for clients in Asia and the rest of the world.

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Asset & Project Finance
Today’s financing challenges could include increased regulation impacting on funding availability, financial distress caused by global economic condit
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Aviation Finance
With ever increasing market competition and other challenges ranging from volatile fuel prices to stringent regulatory systems, airlines and other mar
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Capital Markets & Derivatives
We are very experienced advising on capital markets, derivatives and structured finance products. Whether you are an issuer, product manufacturer, sel
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Shipping Finance
In Hong Kong we advise clients across the maritime industry on procurement, operational and financial transactions.Our clients are financial instituti

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13/07/2021
China Fu­tures Law: net­ting, col­lat­er­al and pruden­tial re­quire­ments for...
The Stand­ing Com­mit­tee of the Na­tion­al People’s Con­gress of the People’s Re­pub­lic of China (the “NPC”) pub­lished a draft Fu­tures Law in May. The main pur­pose of the Fu­tures Law is to co­di­fy the...
06/07/2021
CMS bol­sters glob­al fin­ance prac­tice with ap­point­ment in Hong Kong
In­ter­na­tion­al law firm CMS is pleased to an­nounce the ap­point­ment of Chris­toph­er Whiteley as a part­ner in its Fin­ance prac­tice group. Chris­toph­er joins from Ashurst where he was a part­ner and will be...
13/07/2021
Open Secrets? Guard­ing value in the in­tan­gible eco­nomy
Across mul­tiple in­dus­tries, busi­nesses are de­riv­ing an ever great­er pro­por­tion of their value from as­sets pro­tec­ted not by pat­ent or copy­right – but by secrecy. And from cus­tom­er data to soft­ware al­gorithms...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
05/01/2021
PRICL - a game changer in the re­in­sur­ance world?
Al­though the “club at­mo­sphere” around re­in­sur­ance has been dis­turbed in re­cent years due to a surge in re­in­sur­ance dis­putes and the reg­u­lat­or’s en­hanced ini­ti­at­ives to boost con­tract cer­tainty1...
22/12/2020
Law and reg­u­la­tion of Cov­id-19 loan morator­i­ums in Hong Kong
1. De­scrip­tion of the le­gis­la­tion 1.1 Is there a morator­i­um on loans le­gis­la­tion im­ple­men­ted in your jur­is­dic­tion? No.The Hong Kong Gov­ern­ment an­nounced on 6 Janu­ary 2020 a plan to re­vive con­sid­er­a­tion...
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10/11/2020
Belt and Road videocast: Avoid­ing and man­aging risks, plan­ning for suc­cess
Leg­al and reg­u­lat­ory is­sues are the risks most of­ten as­so­ci­ated with the Belt and Road Ini­ti­at­ive (BRI), ac­cord­ing to a re­cent CMS sur­vey. In the first videocast of our BRI series, CMS part­ners dis­cuss...
02/10/2020
BRI - View from APAC
The Asia-Pa­cific re­gion (APAC) has seen ex­tens­ive Belt and Road (BRI) in­vest­ment already, and prom­ises much more.But our sur­vey of BRI par­ti­cipants in APAC re­veals un­ex­pec­ted levels of am­bi­val­ence about some as­pects of BRI pro­jects.Can these po­ten­tial dif­fi­culties be tackled in a way that will ad­dress con­cerns about is­sues such as trans­par­ency and sus­tain­ab­il­ity, and en­cour­age the great­er in­volve­ment of in­ter­na­tion­al busi­nesses that China hopes to see? And how are the un­pre­ced­en­ted prob­lems of 2020, in­clud­ing the glob­al pan­dem­ic and trade dis­putes, af­fect­ing the pro­spects of BRI?Our APAC re­port looks at is­sues in­clud­ing:Dif­fi­culties in BRI pro­jects ex­per­i­enced by APAC par­ti­cipants, and the po­ten­tial for resolv­ing these.The ef­fects of Cov­id-19 on BRI.Mit­ig­at­ing BRI risk and man­aging dis­putes.Po­ten­tial trends in the fin­an­cing of BRI pro­jects.The sec­tors at­tract­ing the most in­terest among BRI par­ti­cipants.The im­pact of BRI 2.0.
02/10/2020
Belt and Road Ini­ti­at­ive: the view from Asia-Pa­cific
The Asia-Pa­cific re­gion has seen ex­tens­ive Belt and Road Ini­ti­at­ive (BRI) in­vest­ment already, and prom­ises much more. BRI con­tin­ues to evolve des­pite cur­rent head­winds, in­clud­ing the glob­al pan­dem­ic and...
07/08/2020
Oil & Gas / Ship­ping – Com­mer­cial Court Ex­am­ines Leg­al Ef­fect of “Sub­ject...
In the con­text of a crude oil voy­age charter, the Com­mer­cial Court has provided guid­ance on the leg­al ef­fect of “sub­ject to” pro­vi­sions in con­tracts.  In do­ing so, the Com­mer­cial Court noted that...
05/06/2020
Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...