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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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    1 May 2017
    CMS, Nabarro and Olswang com­plete largest ever mer­ger...
    Cre­at­ing a new fu­ture-fa­cing firm
    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.
    24/11/2014
    CMS ad­vises on the pur­chase and fin­an­cing of a Boe­ing...
    10/02/2017
    In­dia Budget 2017 - 2018
    On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
    06/02/2017
    New reg­u­la­tion comes in­to force sup­port­ing cre­ation of a European...
    The new reg­u­la­tion n°655/2014 sup­port­ing the cre­ation of a European bank ac­count pre­ser­va­tion or­der pro­ced­ure came in­to force on 18 Janu­ary 2017. This is now en­force­able through­out the Mem­ber States of the European Uni­on, ex­clud­ing the United King­dom and Den­mark.
    24/01/2017
    The up­com­ing money mar­ket fund reg­u­la­tion
    I. The Reg­u­la­tion in­tro­duces two new cat­egor­ies of MMF, with each MMF re­quired to meet the re­quire­ments: short-term MMFs, whose ob­ject­ive is to of­fer money mar­ket rate re­turns while en­sur­ing the highest pos­sible level of safety.
    01/12/2016
    BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
    The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).
    28/10/2016
    European Com­mis­sion pub­lishes Cor­por­ate Tax Re­form Pack­age, re­launch­ing...
    As part of a Cor­por­ate Tax Re­form Pack­age, the EC has pub­lished four pro­pos­als for Coun­cil Dir­ect­ives. 1. Pro­pos­als to re­launch the Com­mon Con­sol­id­ated Cor­por­ate Tax Base First, the European Com­mis­sion (“EC”) has an­nounced that it is re­launch­ing its pro­pos­al.
    20/09/2016
    When the Dust Settles: Cross-bor­der re­struc­tur­ing and in­solv­ency after...
    As the dust be­gins to settle after the EU ref­er­en­dum and the po­ten­tial rami­fic­a­tions of Brexit con­tin­ue to be di­ges­ted, we ex­am­ine the po­ten­tial im­pact of Brexit on the UK cross-bor­der re­struc­tur­ing and in­solv­ency re­gime and its con­sequences for the UK’s repu­ta­tion.