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Banking & Finance

United Kingdom

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 65 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.

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Everyone we work with is just incredibly excellent at what they do. An instruction comes back to you with only those key questions that they need your input on.

Chambers, 2015

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    Asset Based Financing

    Our asset-based financing teams focus on receivables and inventory finance and structured trade finance, with a particular emphasis on oil and gas related financings. The blend of skills and the breadth of experience of our partners, coupled with our extensive European coverage through the CMS network, enable us to provide a cost-effective yet highly specialised service to our clients. We thrive on complex multi-jurisdictional transactions.

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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 could include increased regulation impacting on funding availability, financial distress caused by global economic conditions and asset-specific considerations such as tax and government licensing.

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    Capital Markets & Derivatives

    The financial crisis and its aftermath have had a considerable impact on the financial markets. Our dedicated Capital Markets and Derivatives team offers a wide range of transactional and advisory services for all aspects of capital markets, derivatives, structured products and structured finance transactions.

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    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. Lenders want to remain competitive without sacrificing contractual protections, while borrowers want to achieve the optimum balance of contractual flexibility and competitive pricing.

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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 and commercial issues. We have been involved as advisers in the energy markets since market inception, and through our experience of working with funders, developers, utilities, operators and other stakeholders in the relevant industries, we can help you create corporate and financing structures that can withstand the test of time.

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    Finance Disputes

    Disputes involving financial institutions can be complex and involve vast sums. This is where our experience gained through long-standing relationships with major banks and financial institutions can deliver efficient and effective solutions for your business.

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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 lenders, borrowers and other interested parties. Our Financial Institutions Lending team acts for banks, alternative lenders, insurers, brokers, private equity houses, fund managers and pension funds to implement funding structures that fit in with their business goals.

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    Hotel Finance

    Hotel financing poses unique challenges, potentially combining development, real estate investment, acquisition, portfolio and cashflow-based financing. Our hotel finance team acts for lenders, developers, owners and operators across each of these fields, and helps them meet these challenges and ensure that their financing arrangements complement wider commercial agreements without compromising lender protections.

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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, document and complete transactions in accordance with Shariah principles. These challenges include appropriately allocating legal, commercial and Shariah risks between parties and ensuring that transactions, products and services which purport to be Shariah compliant do not breach any Shariah prohibitions.

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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 and changes to documentation. At CMS, we understand the challenges that these changes pose for you, having acted for for lenders, developers, borrowers, sponsors, hedge counterparties and others on a wide range of investment and development transactions.

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    Restructuring & Insolvency

    In coping with the impact of financial distress, stakeholders require pragmatic advice that achieves the best outcome in difficult situations. We have a well-established reputation for advising all types of stakeholders in financially distressed situations including: debtors; lenders; insolvency practitioners; boards of directors; buyers and sellers of distressed debt; and pension trustees, which enables us to understand your position and achieve your objectives.

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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 the full range of financing products offered to traders, exporters and producers.

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    High­lights of our ex­per­i­ence in Bank­ing & Fin­ance in...
    Law-Now: Bank­ing
    Go to the Law-Now web­site

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    14 June 2017
    CMS sup­ports AI start-up Cog­nit­iv+ on key Fin­an­cial...
    26/06/2017
    The Re­cast EU In­solv­ency Reg­u­la­tion be­comes ef­fect­ive today
    Since May 2002, we have had a re­gime which en­sures that an in­solv­ency pro­ceed­ing star­ted in one of the EU’s mem­ber states is, without fur­ther form­al­ity, re­cog­nised in all oth­er mem­ber states (ex­cept for Den­mark) and which de­term­ines the law ap­plic­able to such.
    1 May 2017
    CMS, Nabarro and Olswang com­plete largest ever mer­ger...
    Cre­at­ing a new fu­ture-fa­cing firm
    23/06/2017
    Brexit one year on: Fin­an­cial ser­vices
    Since the Brexit ref­er­en­dum, the UK’s fin­an­cial ser­vices sec­tor has moved re­l­at­ively quickly to close out the risks to its busi­ness and cli­ents. In stark con­trast there has been little, if any, pro­gress (des­pite much de­bate) in cla­ri­fy­ing what will hap­pen to.
    Ashley Smith
    31 March 2017
    CMS ad­vises on one of CEE's largest ever re­struc­tur­ings
    23/06/2017
    Brexit one year on: Fin­an­cial ser­vices
    Since the Brexit ref­er­en­dum, the UK’s fin­an­cial ser­vices sec­tor has moved re­l­at­ively quickly to close out the risks to its busi­ness and cli­ents. In stark con­trast there has been little, if any, pro­gress (des­pite much de­bate) in cla­ri­fy­ing what will hap­pen to.
    9 March 2017
    UKI­FC and CMS join forces to drive growth in Is­lam­ic...
    01/06/2017
    Main Mar­ket com­pan­ies: get your Leg­al En­tity Iden­ti­fi­er be­fore 1 Oc­to­ber...
    From 1 Oc­to­ber 2017 all is­suers of se­cur­it­ies ad­mit­ted to an EU reg­u­lated mar­ket, such as com­pan­ies with a premi­um or stand­ard list­ing on the UK Main Mar­ket, will need to have a Leg­al En­tity Iden­ti­fi­er (LEI) in or­der to make val­id reg­u­lat­ory an­nounce­ments to.
    23 February 2017
    Olswang ad­vises on­line gam­ing com­pany 32Red on Kindred...
    31/05/2017
    Can de­cisions of Shari­ah boards amount to en­force­able leg­al opin­ions...
    The High Court in Lon­don is cur­rently hear­ing the case of Golden Belt 1 Sukuk Com­pany v BNP Pari­bas, with the judg­ment eagerly an­ti­cip­ated by busi­nesses in­volved with Is­lam­ic fin­ance. This sig­ni­fic­ant judg­ment will de­term­ine wheth­er de­cisions of Shari­ah boards.
    17 February 2017
    Is­lam­ic fin­ance and the com­mer­cial prop­erty mar­ket...
    23/05/2017
    In­dustry views on open-ended funds and il­li­quid as­sets
    Who, what and why? On 24 March 2017, CMS held a round table dis­cus­sion to gauge the in­dustry’s views on the FCA’s dis­cus­sion pa­per on il­li­quid as­sets and open-ended funds[1].   We were joined by a vari­ety of seni­or fig­ures from the funds world, in­clud­ing fund.
    16 February 2017
    Olswang leads in ad­vising Tim Hincks and Peter Fin­cham...
    18/05/2017
    Oil and gas - un­tapped po­ten­tial in Is­lam­ic fin­ance
    This art­icle first ap­peared in Is­lam­ic Fin­ance News, May 2017. Sha­keel Adli dis­cusses why gradu­al and pro­gress­ive de­vel­op­ments in the UK Con­tin­ent­al Shelf have seen a shift in op­er­at­ors and own­er­ship of North Sea as­sets, provid­ing a great op­por­tun­ity for those.
    Shakeel Adli
    14 February 2017
    Our glob­al Is­lam­ic Fin­ance prac­tice
    28/04/2017
    The ex­tent of an “in­form­a­tion duty” owed by a non-ad­vising bank to...
    Thomas and an­oth­er v Tri­od­os Bank NV [2017] EWHC 314 (QB) In a re­cent mis-selling case, the High Court has ex­amined the ex­tent of the duty of care which a bank owes to a fixed rate loan cus­tom­er in the course of a non-ad­vised sale.
    1 February 2017
    Is­lam­ic Fin­ance in Scot­land: new op­tions
    25/04/2017
    Fin­an­cial Con­duct Au­thor­ity launches dis­cus­sion on dis­trib­uted ledger...
    The Fin­an­cial Con­duct Au­thor­ity (“FCA”) has opened for con­sulta­tion its dis­cus­sion pa­per on dis­trib­uted ledger tech­no­logy (“DLT”). The FCA is ac­cept­ing re­sponses un­til 17 Ju­ly 2017. Over­view The FCA has is­sued a dis­cus­sion pa­per on the po­ten­tial for fu­ture.