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Sustainable Finance

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Sustainability in the financial sector

The world around us changes at a fast pace. This is mainly due to developments of the climate change and the global population growth. These changes require us to adapt in order to ensure the future of our planet, people and profits. Sustainability focuses on meeting the needs of the present without compromising future generations. Achieving this goal requires an active approach to sustainability from the whole financial sector.

Sustainable Finance

Sustainable finance is a rapidly growing sector, with international policy initiatives giving rise to changing attitudes in the investment and lending community, including financial institutions such as banks. Sustainability encourages them to frame decisions in terms of environmental, social, and human impact for the long term rather than for short term. This requires them to consider more factors than simply the immediate profit or loss involved.

Financial institutions could position themselves in a variety of ways regarding sustainability. They cannot be silent as diminishing resources and tighter sustainability regulations impact their clients and their ability to pay off debts. Also, the financing of sustainable developments and activities offers a range of new opportunities and clients will expect their bank to reflect on their own approach to sustainability.

How can we help

At CMS we are committed to support clients implementing sustainable business practice. As such we have developed a new cross-disciplinary 'Sustainable Finance' approach which spans regulatory, finance, corporate and energy specialists. Our holistic approach to ESG and climate action draws on specialists from across the firm to advise you.

  • Market-leading experience in sectors aligned to green finance such as renewables, ESG funds, green real estate finance and infrastructure deals.
  • Advice on the structuring of green finance and impact investment.
  • Market-leading financial regulatory advice on EU and national legislation and guidance on sustainability.
  • Advice and auditing of ESG risks, reporting and opportunities.

Sustainability and financial services are becoming a sector on their own. A sector in which experts in finance, sustainability, compliance and legal work together. CMS Green Guidance is published monthly and keeps you up to date of the most important news in the sector from a legal perspective. A green guide to (new) regulations and trends.

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Sustainable Finance E-Book
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PDF 3.8 MB
Attachment
CMS Green Guidance Brochure
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PDF 2.8 MB

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24/05/2022
The ES­As have sub­mit­ted fur­ther SF­DR quer­ies to the Com­mis­sion
I. Back­ground While Level 1 of the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”) has been ap­plic­able for over a year, the in­vest­ment funds man­agers have been fa­cing un­cer­tain­ties with re­gards...
20/05/2022
DEBRA – The new EU tax ini­ti­at­ive aim­ing at pro­mot­ing a fair and sus­tain­able...
With­in the EU a wide­spread asym­metry ex­ists between debt and equity fin­an­cing. Usu­ally, in­terest is tax de­duct­ible from the cor­por­ate in­come tax base while di­vidends do not be­ne­fit from such ad­vant­age...
11/05/2022
SF­DR con­tin­ues to evolve: more gran­u­lar dis­clos­ures to be pro­posed on in­vest­ments’...
Fin­an­cial products with ex­pos­ures in fossil gas and nuc­le­ar en­ergy are likely to have more gran­u­lar re­port­ing re­quire­ments un­der the Sus­tain­able Fin­ance Dis­clos­ure Reg­u­la­tion (“SF­DR”). The European...
11/05/2022
SF­DR’s Prin­cip­al Ad­verse Im­pacts In­dic­at­ors on course to change
The European Com­mis­sion has giv­en the European Su­per­vis­ory Au­thor­it­ies (“ES­As”) a man­date to re­view the SF­DR Del­eg­ated Reg­u­la­tion in­dic­at­ors for prin­cip­al ad­verse im­pact and the fin­an­cial product...
08/04/2022
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence – a step...
The Pro­posed Dir­ect­ive on Cor­por­ate Sus­tain­ab­il­ity Due Di­li­gence (the “CSDD Pro­pos­al”), pub­lished on 23 Feb­ru­ary 2022, aims to im­pose ob­lig­a­tions on com­pan­ies, their sub­si­di­ar­ies and their value chains...
07/04/2022
The European Green Deal in ac­tion: sig­ni­fic­ant new cir­cu­lar eco­nomy meas­ures...
On 30 March 2022, the European Com­mis­sion (“EC”) presen­ted a pack­age of meas­ures in­ten­ded to make sus­tain­able products the norm in the EU, fa­cil­it­ate cir­cu­lar busi­ness mod­els and em­power con­sumers...
01/03/2022
Pro­posed man­dat­ory cor­por­ate sus­tain­ab­il­ity due di­li­gence re­quire­ments...
On 23 Feb­ru­ary 2022, the European Com­mis­sion ad­op­ted a long-awaited pro­pos­al for a Dir­ect­ive on cor­por­ate sus­tain­ab­il­ity due di­li­gence for widely-defined spe­cified “com­pan­ies”. The pro­pos­als are wide...
24/02/2022
The European Com­mis­sion has en­dorsed its new Cli­mate, En­ergy and En­vir­on­ment­al...
The European Com­mis­sion’s re­vised Guidelines on state aid for cli­mate, en­vir­on­ment­al pro­tec­tion and en­ergy (« CEEAG ») have been en­dorsed on 27 Janu­ary 2022. The CEEAG re­place the Guidelines on...
21/01/2022
Cli­mate change lit­ig­a­tion: de­mand let­ter for cli­mate change to 29 mul­tina­tion­als
The Dutch claim found­a­tion Mi­lieude­fen­sie re­cently pub­lished a let­ter ad­dressed to 29 large com­pan­ies in the Neth­er­lands in which it de­mands that the com­pan­ies take a front­line role in cli­mate change...
16/12/2021
Car­bon mar­kets and COP26
After six years of ne­go­ti­ation, COP26 re­solved one of the out­stand­ing is­sues of the Par­is Rule­book when it reached a con­sensus on a glob­al car­bon mar­ket mech­an­ism. Art­icle 6 of the Par­is Agree­ment set...
15/12/2021
A role for coal?
The Glas­gow Cli­mate Pact is the first COP de­cision to men­tion coal. This has been widely viewed as a real achieve­ment. Even cam­paign­ers who slam the word­ing of the Pact tend to see the in­clu­sion of coal...
14/12/2021
Fin­an­cing COP 26 out­comes
It was a wa­ter­shed mo­ment, ac­cord­ing to Mark Car­ney. The UN Spe­cial En­voy for Cli­mate Ac­tion and Fin­ance was in­tro­du­cing the Glas­gow Fin­an­cial Al­li­ance for Net Zero (Gfanz): over 450 banks, as­set man­agers...