Sustainable Finance

International

Environmental, social and governance (ESG) considerations are integral parts of sustainable economic development and play an increasingly important role in financing transactions. For example, investing in brownfield sites with the aim of reducing environmental impacts.

More and more, the investment and lending community, including financial institutions such as banks, are considering ESG factors when making investment decisions. The aim is to support economic growth while reducing pressures on the environment and taking social and governance aspects into account.

At CMS, our global, multidisciplinary team can support you in all issues relating to sustainable finance and responsible investment.

Our financial institutions expertise extends across banking, insurance, asset management, pension funds, regulatory, capital markets and derivatives. Whether you are a bank, insurer, trustee, investment or fund manager, adviser, broker or fintech founder, we can help you navigate the sustainability agenda. 

At CMS, we have developed a cross-disciplinary approach which spans regulatory, finance, corporate and energy specialists. Our holistic approach to ESG and climate action draws on specialists from across the firm to advise you.

Please contact any of our ESG lawyers to explore solutions to your needs.

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Sus­tain­able In­vest­ment
SF­DR – Are you ready?

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22 June 2021
CMS Funds Mar­ket Study 2021
Peri­od­ic­ally, CMS takes sound­ings on the state of the mar­ket from our funds-re­lated cli­ents. Giv­en the un­pre­ced­en­ted nature of the last 12 months we thought this was an op­por­tune time to look back over the last few years. This study ana­lyses the key mar­ket trends in fund doc­u­ment­a­tion of over 300 funds es­tab­lished in Europe, Asia, USA and off­shore jur­is­dic­tions ad­vised on by CMS of­fices through­out 2017 to 2020. We have also con­duc­ted cli­ent in­ter­views, which are high­lighted in this re­port, and con­duc­ted a se­lect­ive sur­vey of our in­ter­na­tion­al cli­ent base.We trust this CMS Funds Mar­ket Study will be a use­ful guide for both man­agers and in­vestors this year. The size of our deal sample and the range of coun­tries in­volved means that the study should be a uniquely valu­able and rich re­source for man­agers and in­vestors. Our re­search in­dic­ates that funds in­dustry play­ers are clear on how to move for­ward and that, while strategies may have shif­ted, there are reas­ons for op­tim­ism and bullish­ness, un­like the gloom that des­cen­ded after the glob­al fin­an­cial crisis in 2008.Look­ing for­ward we see an act­ive funds mar­ket, with Lux­em­bourg be­ing the jur­is­dic­tion of choice for European funds. ESG is now a key fo­cus for in­vestors. This mar­ket im­petus and reg­u­lat­ory drivers are mov­ing sus­tain­able in­vest­ment from a niche fo­cus in­to the main­stream for in­vestors and man­agers alike. We also see man­agers in­creas­ingly look­ing at the be­ne­fits and im­pact of AI and tech­no­logy with the token­isa­tion of as­sets and the use of block­chain. We see this pace of change ac­cel­er­at­ing.If you have any feed­back or ques­tions, we would love to hear from you.
26 May 2021
Belt and Road Ini­ti­at­ive
China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve and of­fer op­por­tun­it­ies for na­tions, com­munit­ies and busi­nesses. But it is not without con­tro­versy in areas such as en­vir­on­ment­al pro­tec­tion and in­ter­na­tion­al debt.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it. This series of re­ports ana­lyses sen­ti­ment around the world, con­siders what BRI means for each re­gion, shines a spot­light on dif­fer­ent na­tions and high­lights leg­al con­sid­er­a­tions. You can ac­cess the full series of re­gion­al re­ports be­low.16%me­di­um16%me­di­um16%me­di­um16%me­di­um16%me­di­um16%me­di­um
20 January 2021
ESG Reg­u­la­tion – 2021 and bey­ond – How in­vest­ment banks can ad­vise their...
2021 will mark the end of the pre­vi­ous, primar­ily vol­un­tary, re­gime for ESG mat­ters and the start of reg­u­la­tion for is­suers, spon­sors and nomads. This note de­tails key reg­u­la­tions com­ing in­to force in...
24 September 2020
Pen­sions en­vir­on­ment­al, so­cial and gov­ernance in­vest­ing: An up­date
In re­cent years, en­vir­on­ment­al, so­cial and gov­ernance (ESG) and cli­mate change have be­come in­creas­ingly im­port­ant is­sues, both in the UK and glob­ally. With roughly £2.5 tril­lion in as­sets, pen­sion schemes...
12 June 2020
The EU Tax­onomy and what it might mean for the loan mar­ket
In 2018 the EU Com­mis­sion ad­op­ted a pack­age of meas­ures aimed at sup­port­ing eco­nom­ic growth while re­du­cing pres­sures on the en­vir­on­ment. Cent­ral to the EU’s plan is a frame­work to gradu­ally cre­ate a...
11 March 2020
Sus­tain­able Fin­ance or Re­spons­ible In­vest­ment – a guide for as­set man­agers
Re­spons­ible In­vest­ment has, in a few short years, moved from be­ing an out­lier in the as­set man­age­ment world to an is­sue of glob­al im­port­ance which is front and centre of polit­ic­al, leg­al and mar­ket...
26 November 2019
Bridging Con­tin­ents - In­fra­struc­ture In­dex 2019
The CMS In­fra­struc­ture In­dex ana­lyses data across 50 jur­is­dic­tions against six cri­ter­ia to cre­ate a guide to the most at­tract­ive des­tin­a­tions for in­fra­struc­ture in­vest­ment.In Bridging Con­tin­ents, the 2019 CMS In­fra­struc­ture In­dex, we see that in­fra­struc­ture is con­nect­ing people world­wide at an un­pre­ced­en­ted pace. De­vel­op­ing eco­nom­ies are in­vest­ing heav­ily in roads, rail and air­ports to drive eco­nom­ic growth and bring them closer to in­ter­na­tion­al trad­ing part­ners and the rol­lout of 5G and build­ing of smart cit­ies are cre­at­ing new di­git­al high­ways. Ger­many has taken top spot.  Ger­many’s fo­cus on sus­tain­ab­il­ity and in­nov­a­tion is the driv­ing force be­hind its po­s­i­tion. The coun­try is aim­ing to make cli­mate ac­tion part of the Ger­man na­tion­al iden­tity and sup­port­ing this through a num­ber of off­shore wind pro­jects, con­struc­tion of a fourth elec­tri­city high­way and an ex­tens­ive EV char­ging pro­gramme. The UK’s story is not so pos­it­ive.  We see the UK fall from fourth in 2017 to ninth in 2019.  The Brexit-ef­fect.  There is a steady pipeline in some in­fra­struc­ture sec­tors, for ex­ample rolling stock re­new­als in Eng­land and trans­port in Scot­land.  There is also a shift from primary to sec­ond­ary in­vest­ments. However, un­sur­pris­ingly the polit­ic­al un­cer­tainty has led to delays on flag­ship pro­jects (e.g. HS2 and Heath­row air­port) and a de­crease in lend­ing to UK pro­jects. An­oth­er coun­try to note is China, which has ris­en by 10 points since the 2017 in­dex and is now in 18th po­s­i­tion.  5G is in­stru­ment­al in China’s in­creased rank­ing, due in part to ma­jor cor­por­a­tions such as Hua­wei and ZTE ; over 10 mil­lion ad­vance or­ders for 5G data plans were sub­mit­ted to China’s three mo­bile op­er­at­ors, and they will de­ploy a total of 130,000 stan­dalone 5G base sta­tions across the coun­try by the end of 2019. As the world fo­cuses on cli­mate change and sus­tain­ab­il­ity, we see this trans­fer­ring to the in­fra­struc­ture sec­tor too.  In­fra­struc­ture as­sets have a vi­tal role in cli­mate change mit­ig­a­tion and eco­nom­ic, so­cial and gov­ernance (ESG) cri­ter­ia are an in­creas­ingly pop­u­lar way for in­vestors to eval­u­ate com­pan­ies in which they might want to in­vest.  However, the sec­tor is fa­cing a num­ber of chal­lenges, in­clud­ing lack of gov­ernance, an ab­sence of ob­ject­ive stand­ards and as a res­ult, no reg­u­la­tions on how to re­port and meas­ure per­form­ance.  Reg­u­lat­ors glob­ally are work­ing to cre­ate their own reg­u­la­tions in this area but with each coun­try cre­at­ing its own stand­ards, in­ter­na­tion­al op­er­at­ors will face a com­plex mat­rix of re­quire­ments for dif­fer­ent pro­jects around the world. In this year’s re­port, we see some very strong rep­res­ent­a­tion from the Amer­icas. Lat­in Amer­ica has some mega in­ter­con­nectiv­ity pro­jects, present­ing some ex­cit­ing de­vel­op­ments.  Ex­amples in­clude a 3,500km-long sub­mar­ine fibre op­tic net­work from the north to the south of Chile and the re­cently com­pleted 10,000km sub­sea cable con­nect­ing Cali­for­nia to Chile.  On the oth­er side of the con­tin­ent, Brazil is work­ing on the in­nov­at­ive 9,300km El­laLink sub­sea cable sys­tem bridging between the Amer­ic­an (Brazil) and European con­tin­ents (Por­tugal and Spain).Over­all, the in­fra­struc­ture sec­tor presents a pos­it­ive pic­ture in an un­cer­tain world.  Gov­ern­ments glob­ally are in­vest­ing heav­ily in in­fra­struc­ture as­sets to stim­u­late their eco­nom­ies.  On the flip side, there is sup­ply of cap­it­al as in­vestors look for long-term in­vest­ments.