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Banking & Finance | South Africa

Banking & Finance

South Africa

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
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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

Choose area

    Debt Capital Markets & Derivatives

    Our debt capital markets and derivatives team provides banks, governments and pubic authorities, clearing houses, asset and investment managers, funds as well as a large variety of institutional investors and corporate clients with a wide range of transactional and advisory services for all aspects of debt capital markets and derivatives transactions involving South Africa and other African countries. 

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    Financial Services & Regulation

    Providers of financial services are operating in an ever-changing regulatory landscape, with a growing compliance burden and enforcement action and penalties becoming more severe. 

    The daily challenges you face in doing business in a highly regulated, cost-pressured environment mean you need advisers who have an unparalleled understanding of the regulators’ expectations and have a commercial and practical approach and understand industry standards and expectations.

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    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 of funding for established businesses, to fund start-up businesses (such as fintechs), increase a financial institution’s funding capability, monetise non-core assets and to dispose of non-performing assets. 

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    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 and agribusiness, with a wealth of experience in the full range of financing products offered to traders, exporters and producers. 

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    7 October 2019
    CMS ex­pands in Africa
    South Afric­an and Kenyan law firms ad­ded to CMS’s glob­al...
    June 2019
    CMS Bank­ing & Fin­ance Glob­al Bro­chure

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