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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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    Our glob­al Shari­ah com­pli­ant Real Es­tate Fin­ance prac­tice
    Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
    Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
    CMS Real Es­tate Fin­ance Guide
    Law So­ci­ety and HM Land Re­gistry New Joint Note on Prop­erty and title...
    HM Land Re­gistry and the Law So­ci­ety have is­sued a new joint note on prop­erty and title fraud, high­light­ing par­tic­u­lar scen­ari­os and cir­cum­stances, or key warn­ing signs, where there is a great­er risk of fraud.
    Stefan-Ulrich Müller, M. Jur. (Oxford)
    CMS ad­vises Curet­is on its IPO
    Dana Gas: A load of hot air?
    The highly-charged Dana Gas case has set the scene for a free-flow­ing de­bate between the courts of Lon­don and Shar­jah, bring­ing in­to ques­tion the le­git­im­acy of Shari­ah com­pli­ant trans­ac­tions. Wheth­er an in­vestor deems a trans­ac­tion to be Shari­ah com­pli­ant is.
    CMS Re­struc­tur­ing and In­solv­ency in Europe News­let­ter...
    The Rise of the RE­IT in the Middle East
    Real Es­tate In­vest­ment Trusts (“RE­ITs”) have been widely used in the UK, the United States and Europe for over a dec­ade, mainly as tax ef­fi­cient real es­tate in­vest­ment vehicles.   Their ap­peal in the Middle East has, not un­sur­pris­ingly, had less of an im­pact.
    Gov­ern­ment Cor­por­ate Gov­ernance Pro­pos­als – Ex­ec­ut­ive Re­mu­ner­a­tion...
    On 29th Au­gust 2017, the Gov­ern­ment pub­lished its pro­posed im­prove­ments to the cor­por­ate gov­ernance re­gime in the UK, fol­low­ing a con­sulta­tion pa­per is­sued in Novem­ber 2016. Over­all, the pro­pos­als it now in­tends to im­ple­ment - wheth­er on re­mu­ner­a­tion or oth­er­wise.
    Gov­ern­ment Cor­por­ate Gov­ernance Pro­pos­als – Ex­ec­ut­ive Re­mu­ner­a­tion...
    On 29th Au­gust 2017, the Gov­ern­ment pub­lished its pro­posed im­prove­ments to the cor­por­ate gov­ernance re­gime in the UK, fol­low­ing a con­sulta­tion pa­per is­sued in Novem­ber 2016. Over­all, the pro­pos­als it now in­tends to im­ple­ment - wheth­er on re­mu­ner­a­tion or oth­er­wise.
    A new way to pay: the Pay­ments Strategy For­um launches a con­sulta­tion...
    In sup­port of their Novem­ber 2016 strategy to change UK pay­ments sys­tems, the Pay­ments Strategy For­um (“PSF”) has pub­lished a pub­lic con­sulta­tion titled a "Blue­print for the Fu­ture of UK Pay­ments". The con­sulta­tion pa­per notes that al­though UK pay­ments sys­tems.
    Ro­bot­ic pro­cess auto­ma­tion - un­der­stand­ing the leg­al is­sues
    Quite simply, Ro­bot­ic Pro­cess Auto­ma­tion (RPA) is soft­ware which mim­ics and re­places com­puter fa­cing work which is or can be done by hu­mans. Think of it is a “di­git­al work­force”. RPA is be­com­ing pop­u­lar and is see­ing huge growth; par­tic­u­larly in or­gan­isa­tions.
    FCA launches in­vest­ment plat­forms mar­ket study
    Earli­er this week the FCA pub­lished the Terms of Ref­er­ence (ToR) for its In­vest­ment Plat­forms Mar­ket Study.   The ToR set out the spe­cif­ic areas the FCA is in­ter­ested in ex­plor­ing, in­clud­ing: the im­pact plat­forms have on over­all charges for in­vest­ment products;.
    Ger­man In­vestor Re­quire­ments for Real As­set Funds
    The second of our on-go­ing series of fund man­ager roundtables looked at vari­ous ways in which fund man­agers can ac­com­mod­ate the par­tic­u­lar quirks of Ger­man in­sti­tu­tion­al in­vestors. We have picked out high­lights be­low.
    Re­sponses to the European Com­mis­sion con­sulta­tion on FinTech: com­mon...
    The European Com­mis­sion (the “EC”) has pub­lished the re­sponses to its pub­lic con­sulta­tion on FinTech (we ori­gin­ally re­por­ted on the con­sulta­tion on 23 March 2017). A total of 226 re­sponses were re­ceived from a num­ber of or­gan­isa­tions span­ning sev­er­al sec­tors.
    Fund vehicles in Lux­em­bourg and France
    The first in our on-go­ing series of fund man­ager roundtables looked at the latest in fund struc­tur­ing tech­no­logy in France and Lux­em­bourg. We have picked out high­lights be­low. Lux­em­bourg’s RAIF – what is it good for? What is a RAIF? The “Re­served AIF” is a.
    CP17/18 and In­vest­ment Trust gov­ernance - coals to New­castle?
    On 28 June 2017, the FCA pub­lished its long an­ti­cip­ated Fi­nal Re­port (the “Fi­nal Re­port”) on the As­set Man­age­ment Mar­ket Study (the “Mar­ket Study”). The Fi­nal Re­port fol­lows on from the in­ter­im re­port pub­lished in Novem­ber 2016 and sets out the FCA’s fi­nal.
    FCA Launches Cy­ber Se­cur­ity Guide for Firms
    On 22 June 2017, the Fin­an­cial Con­duct Au­thor­ity (FCA) launched a new factsheet en­titled ‘Good Cy­ber Se­cur­ity – the found­a­tions’, aimed at in­creas­ing aware­ness of cy­ber se­cur­ity risks amongst firms in the fin­an­cial sec­tor.