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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
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    Simon Johnston
    07/09/2016
    CMS Real Es­tate Fin­ance Guide
    09/08/2017
    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.
    01/06/2010
    CMS Re­struc­tur­ing and In­solv­ency in Europe News­let­ter...
    02/08/2017
    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.
    21/07/2017
    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;.
    20/07/2017
    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.
    12/07/2017
    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.
    07/07/2017
    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.
    06/07/2017
    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.
    06/07/2017
    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.
    04/07/2017
    The new Pro­spect­us Reg­u­la­tion: good news for com­pan­ies
    As a res­ult of the pub­lic­a­tion in the Of­fi­cial Journ­al on 30 June 2017 of the new EU Pro­spect­us Reg­u­la­tion (2017/1129), sig­ni­fic­ant im­prove­ments will be made to the EU pro­spect­us re­gime over the next two years.
    03/07/2017
    New Hong Kong Tax Re­gime for Air­craft Leas­ing
    Hong Kong’s Budget 2017-2018 in­tro­duces a pref­er­en­tial tax re­gime to in­centiv­ise air­craft leas­ing com­pan­ies to use Hong Kong as their busi­ness base. This is a sig­ni­fic­ant de­vel­op­ment for the Hong Kong avi­ation mar­ket which is well placed to take ad­vant­age of.
    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.
    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.
    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.
    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.
    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.
    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.