Home / Africa / South Africa / Banking & Finance

Banking & Finance

The global banking and finance industry is faced with increasing financial and regulatory pressures with new and more complex rules that you need to anticipate and take advantage of. 

For your cross-border business, you also face potentially conflicting market practices and rules, which present new opportunities. 

Whether you are a financial institution, corporate, asset manager, mutual fund or public entity, your business is only as good as the products and services you sell. That’s why we organise our teams along the business lines of your sector, giving us deep insight into the commercial and legal issues you face. 

From general corporate lending to acquisition and leveraged finance, capital markets, derivatives and securitisations to real estate finance and corporate recovery, we can help you achieve the best business outcome, both locally and across jurisdictions.

In South Africa, an environment where transactional work is becoming more challenging, lawyers' roles have needed to adapt to new circumstances:  

  • deals are fewer and farther between
  • the ability to meet transactional timelines has become more difficult as counterparties' risk appetite is changing
  • the ability to implement transactions in line with tighter cost budgets

What we offer 

Our team is known for its versatility and agility - offering wide-ranging experience that progress transactions rather than impeding them. We are the perfect choice for legal advice on projects of any size and complexity.

Our clients range from banks and other financial institutions, financial services providers, private equity investors and arrangers, from Small to Medium Enterprises to international corporations in South Africa and across Africa. 

We advise on the full range of banking law and finance:

  • acquisition finance 
  • aircraft finance 
  • asset finance 
  • asset management 
  • capital markets and derivatives 
  • collective investment schemes 
  • commodity trade finance 
  • compliance 
  • debt structuring 
  • debt restructuring, business rescue and insolvency 
  • financial markets law and legislation including banking regulation 
  • funds 
  • general banking and investment structures 
  • Islamic finance 
  • lending and syndicated lending 
  • leveraged finance 
  • mining and resource finance 
  • preference share finance 
  • project finance 
  • public-private partnerships 
  • structuring and financing of BEE transactions 
  • trade finance

The team is experienced, efficient, well priced and professional

Legal 500 | Banking & Finance, South Africa, 2020

It is one of the shining firms that understands banking and finance law from a structuring, distressed scenario and insolvency law perspective.

Legal 500 | Banking & Finance, South Africa, 2020

As my lender counsel they carried themselves as an essential cog in the commercial discussions, which is over and above their true scope

Legal 500 | Banking & Finance, South Africa, 2020

The team is highly commercial and understands the conundrums faced by clients and in-house counsel in getting debt transactions over the line, in particular in the current economic climate

Legal 500, Banking & Finance, South Africa, 2021

I would say that compared to other firms in the market they are more entrepreneurial and business focused

Legal 500, Banking & Finance, South Africa, 2021

Very responsive & proactive… one of the few teams that is able to excel & use different aspects of the law to make a solution work

Chambers, Banking & Finance, South Africa, 2021

CMS RM has developed a notable profile and market share in South Africa's banking space. The firm represents a range of borrowers and lenders, including major South African banks and international development finance institutions. The group possesses expertise covering private placements and preference shares, project financing, debt restructuring and green bonds, among other matters. It has additional capabilities on which the South African practice can draw spread across its network of global offices.

Chambers & Partners, Banking & Finance, South Africa, 2022

Ability to reason commercially without compromising the legal risk and their general convivial approach to negotiations

Chambers & Partners, Banking & Finance, South Africa, 2022

Ability to be proactive and nimble because of the boutique nature of their firm

Chambers & Partners, Banking & Finance, South Africa, 2022

Their major strengths are their technical expertise

Chambers & Partners, Banking & Finance, South Africa, 2022

Good personal attention given to clients

Legal 500, 2022

CMS has developed a notable profile and market share in South Africa's banking space. The firm represents a range of borrowers and lenders, including major South African banks and international development finance institutions. The group possesses expertise covering private placements and preference shares, project financing and debt restructuring, among other matters. It has additional capabilities on which the South African practice can draw, from across its network of global offices.

Chambers & Partners, Banking & Finance, South Africa, 2023

Strengths include "handled complex matters with speedy turnaround, and with a good balance between the legal versus the pragmatic".

Chambers & Partners, Banking & Finance, South Africa, 2023

Strengths include "were able to conclude the requisite transactions in record time, largely due to the very strong service levels of CMS".

Chambers & Partners, Banking & Finance, South Africa, 2023

They are very knowledgeable, efficient and professional. They specialise in corporate, commercial and banking law and have an excellent track record.

Chambers & Partners, South Africa, 2024

The firm handled complex matters with speedy turnaround, and with a good balance between the legal versus the pragmatic.

Chambers & Partners, South Africa, 2024

We were able to conclude the requisite transactions in record time, largely due to the very strong service levels of CMS.

Chambers & Partners, South Africa, 2024

Choose area

Debt Capital Markets
Debt Capital Markets & Derivatives
Our debt capital markets and derivatives team provides banks, governments and pubic authorities, clearing houses, asset and investment managers, funds
English Law Finance Team
CMS South Africa is a young law firm with a long history. It was established in 2018 by experienced and diverse international lawyers working with glo
Financial Services & Regulation
Providers of financial services are operating in an ever-changing regulatory landscape, with a growing compliance burden and enforcement action and pe
Green blue building
Financing sustainable development
Adequate, appropriate finance is crucial for Africa’s sustainable development. Both the UN’s Sustainable Development Goals (SDGs) as well
Fintech
Financial technology (FinTech) has a phenomenal impact on Africa's financial sector and other key sectors. As a key driver of growth in the region, Fi
Pan-African Financial Markets
South Africa, with a population of around 59 million, has one of the largest economies on the African continent, accounting for approximately 16% of t
Structured finance
Changes in the regulatory and economic landscape have increased the need for structured finance solutions and they are used as an alternative source o
Trade & Commodities Finance
With dedicated teams of trade finance lawyers globally, we combine our sector expertise across fields such as energy and utilities, natural resources

Feed

20/03/2024
The precarious position of the voting rights of post commencement creditors
The rescue of a company in business rescue ultimately depends on the implementation of a viable business rescue plan which has received the support of 75% of the creditors of the company. A recent business...
11/03/2024
How viable is hydrogen?
How viable is hydrogen as an energy source? Does it really have the potential to alleviate SA’s energy woes?South Africa’s energy crisis has created opportunities for innovation, especially given...
16/02/2024
Can crypto regulation help SA shake off FATF greylisting?
The greylisting of South Africa by the Financial Action Task Force (FATF) has not only called into question the country’s ability in combating financial crimes, but also caused reputational damage and...
19/10/2023
Why enhanced crypto regulation could be key to getting SA de-greylisted
But new regulations alone may not suffice to combat money laundering and crypto­cur­rency-type crimes. SA’s greylisting by the Financial Action Task Force (FATF) called into question the country’s ability...
05/10/2023
#CareerFocus with Bridgett Majola
1) Tell us a bit about yourself My name is Bridgett Majola, a lawyer, Director, Head of Projects & Infrastructure and Banking & Finance Practice at CMS South Africa, in Johannesburg. I love CrossFit and...
03/10/2023
Women in leadership: lifting others as they rise
There are few, if any, sectors or industries in which women have not struggled to convince colleagues and clients, bosses and managers that they are up not only to the job at hand, but that they are able...
05/07/2023
With the right legal framework, SA overcoming its power crisis could be...
On 4 December 1996, The Constitution of the Republic of South Africa was approved by the Constitutional Court before coming into effect in February 1997. Widely considered one of the most progressive...
13/06/2023
Securitisation in South Africa
Introduction The history of securitisation in South Africa dates back to 1989 with a mortgage-backed issue, followed by two further issuances in 1989 and 1991, the latter being a securitisation of rentals...
06/04/2023
Let’s bond over green bonds
This funding method can help move forward SA’s just energy transition goals.  As the world grapples with the urgent need to reduce carbon emissions and mitigate the effects of climate change, green...
03/04/2023
CMS South Africa is proud to have advised Maia Capital
CMS South Africa is proud to have advised Maia Capital, a boutique impact investment firm, in the provision of a mezzanine loan facility to FinCredit Proprietary Limited, which reached financial close...
03/04/2023
CMS is delighted to have advised Tamela Capital Partners
CMS is delighted to have advised Tamela Capital Partners (acting on behalf of the Tamela Mezzanine Debt Fund I Partnership) in providing a mezzanine loan facility to The Digs, a company that provides...
23/01/2023
Ambitious projects are under way to produce green hydrogen in SA
This energy source is one of the most promising potential solutions to SA’s electricity crisis.  In recognition of the global proliferation of sustainable energy, and considering COP27 and SA’s international...