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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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    12 January 2018
    CMS ad­vises on sale of on­line casino busi­ness to Swedish...
    16/01/2018
    FCA raises con­cerns at CFD mar­ket prac­tices
    On 10 Janu­ary 2018, the FCA pub­lished a “Dear CEO” let­ter (link) rais­ing con­cerns over the pro­vi­sion and dis­tri­bu­tion of CF­Ds – en­com­passing con­tracts for dif­fer­ence, spread bets, and cer­tain ‘rolling spot’ FX con­tracts – to re­tail cus­tom­ers.
    4 December 2017
    CMS broadens Cap­it­al Mar­kets and De­riv­at­ives of­fer­ing...
    12/01/2018
    In­di­an Gov­ern­ment re­moves more red tape on For­eign Dir­ect In­vest­ment...
    On 10 Janu­ary 2018, the Uni­on Cab­in­et chaired by Prime Min­is­ter Modi ap­proved a num­ber of amend­ments to In­dia’s FDI policy. While the amend­ments re­move some red tape by mak­ing more FDI sub­ject to the auto­mat­ic ap­prov­al route, they also re­main true to the “Make.
    10 November 2017
    CMS ad­vises GE and Macquar­ie Group on land­mark Nor­d­ic...
    10/01/2018
    Com­pany vol­un­tary ar­range­ments: not just a "one trick pony"
    On 12 Decem­ber 2017, cred­it­ors in the long run­ning spe­cial ad­min­is­tra­tion of failed stock­brok­ing firm, MF Glob­al UK Lim­ited (“MF Glob­al”), ap­proved a com­pany vol­un­tary ar­range­ment (“CVA”). This case demon­strates the flex­ib­il­ity of the CVA pro­ced­ure and the.
    21/06/2017
    Sum­mer­time Blues
    09/01/2018
    Gambling Com­mis­sion in­vest­ig­ates on­line casi­nos
    The UK Gambling Com­mis­sion (the “Com­mis­sion”) an­nounced last week that it has writ­ten to all on­line casino op­er­at­ors which it reg­u­lates rais­ing con­cerns about the op­er­at­ors’ ap­proach to anti-money laun­der­ing and so­cial re­spons­ib­il­ity.
    21/06/2017
    Brexit – im­plic­a­tions for re­struc­tur­ing and in­solv­ency:...
    08/01/2018
    FCA seeks views on ap­proach to au­thor­isa­tion and com­pet­i­tion
    The FCA has re­cently pub­lished for con­sulta­tion two doc­u­ments set­ting out its ap­proach to com­pet­i­tion and au­thor­isa­tion. The doc­u­ments are the latest in a series as part of the FCA’s com­mit­ment to be trans­par­ent in how it reg­u­lates and fol­low on from the FCA’s.
    16/06/2017
    CMS re­struc­tur­ing team ad­vise Hoover Lim­ited on ma­jor...
    21/12/2017
    Elec­tron­ic sig­na­tures con­sulta­tion
    A key pro­ject of the Law Com­mis­sion’s 13th Pro­gramme of Law Re­form re­cently an­nounced relates to elec­tron­ic sig­na­tures (”e-sig­na­tures”). E-sig­na­tures are reg­u­larly used par­tic­u­larly in fin­ance and cor­por­ate trans­ac­tions.
    14 June 2017
    CMS sup­ports AI start-up Cog­nit­iv+ on key Fin­an­cial...
    21/12/2017
    Dis­cip­lin­ary mat­ters and les­sons for AIM com­pan­ies
    In 2017, Lon­don Stock Ex­change (the Ex­change) has is­sued one pub­lic cen­sure and three private cen­sures.   In ad­di­tion, the FCA fined an AIM com­pany for fail­ing to an­nounce in­side in­form­a­tion in a timely man­ner.
    1 May 2017
    CMS, Nabarro and Olswang com­plete largest ever mer­ger...
    Cre­at­ing a new fu­ture-fa­cing firm
    21/12/2017
    Takeover Code amend­ments to in­crease tar­get and em­ploy­ee pro­tec­tions
    Un­der changes to the Takeover Code that will take ef­fect on 8 Janu­ary 2018, a party mak­ing a takeover of­fer will have to provide more in­form­a­tion, and at an earli­er stage, about how the trans­ac­tion will af­fect the tar­get, and it will have to provide more in­form­a­tion.
    31 March 2017
    CMS ad­vises on one of CEE's largest ever re­struc­tur­ings
    21/12/2017
    Tem­por­ary ‘Brexit per­mis­sions’ crown round of reg­u­lat­ory up­dates to...
    On 20 Decem­ber 2017, an­nounce­ments from the PRA, the FCA, the Bank of Eng­land and the Treas­ury re­vealed a frame­work for ap­proach­ing cross-bor­der busi­ness in a post-Brexit world, with a par­tic­u­lar fo­cus on fa­cil­it­at­ing the busi­ness of EEA banks post-Brexit.