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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
7 October 2019
CMS ex­pands in Africa
Frank­furt, 7 Oc­to­ber 2019. CMS an­nounces that RM Part­ners and Daly & In­am­dar Ad­voc­ates, based in South Africa and Kenya re­spect­ively, have today joined the lead­ing glob­al law firm. Go­ing for­ward, they...
June 2019
CMS Bank­ing & Fin­ance Glob­al Bro­chure
Fin­an­cial and bank­ing le­gis­la­tion does not stand still. So neither do we.At CMS we em­ploy over 500 bank­ing & fin­ance law­yers to an­ti­cip­ate, in­ter­pret and ad­vise on the loc­al, cross-bor­der and in­ter­na­tion­al...

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03 May 2021
IN­VEST­MENT & BUSI­NESS OP­POR­TUN­IT­IES IN RWANDA
By Jean Pierre Tuy­ishime of FixLex Law Cham­bers and Pieter van Welzen of CMS South Africa In­tro­duc­tion Rwanda con­tin­ues to be an at­tract­ive loc­a­tion for for­eign in­vest­ment. It is one of the world's fast­est...
23 April 2021
An­gola’s privat­isa­tion drive an ex­ample for oth­ers
Al­though there are bumps as the state sells off its stakes in the private sec­tor, the ground is be­ing pre­pared for smooth­er and big­ger privat­isa­tions in fu­ture.Not many people in South Africa will be...
19 April 2021
Green­ing the Fu­ture
In 1998, the Mail & Guard­i­an launched this sup­ple­ment, Green­ing the Fu­ture. This was near the end of a big dec­ade for sus­tain­ab­il­ity, with the Rio Earth Sum­mit in 1992 and the Kyoto Pro­tocol on cli­mate...
09 April 2021
CMS South Africa has been ap­poin­ted onto a 5 year pan­el for the In­dus­tri­al...
Green Bonds of the De­vel­op­ment Bank of South­ern Africa sub­scribed by Agence Française de Dévelop­pe­ment: CMS, ad­visors to the sub­scriber The De­vel­op­ment Bank of South­ern Africa (DBSA), a South Afric­an...
18 March 2021
An In­tro­duc­tion to De­riv­at­ive Mar­kets in Africa
We are pleased to in­vite you to a we­bin­ar CMS will be host­ing on Thursday, 18 March 2021 from 4:30pm to 5:30pm CET. Our in­ter­na­tion­al CMS Team will take you through a high level present­a­tion of de­riv­at­ive...
22 February 2021
An­gola’s privat­isa­tion drive: an ex­ample for oth­ers
Not many people in South Africa will be fa­mil­i­ar with the sig­ni­fic­ant changes that are oc­cur­ring in the An­golan eco­nomy. However, those with an in­terest in An­gola will have noted the de­vel­op­ments to strengthen...
21 January 2021
Africa: Im­pact of EU ESG dis­clos­ure re­quire­ments
In­tro­duc­tion The European Uni­on (EU) has de­veloped a com­pre­hens­ive policy agenda on sus­tain­able fin­ance. In the EU­'s policy con­text, sus­tain­able fin­ance is un­der­stood as fin­ance to sup­port eco­nom­ic growth...
1 December 2020
Pro­posed li­cens­ing re­quire­ments for crypto as­sets ad­visors and in­ter­me­di­ar­ies
In­tro­duc­tion The South Afric­an Fin­an­cial Sec­tor Con­duct Au­thor­ity (FSCA) pub­lished on 20 Novem­ber 2020 a draft de­clar­a­tion (draft De­clar­a­tion) that would res­ult in a per­son who provides ad­vis­ory or in­ter­me­di­ary...
16 September 2020
Fin­an­cing sus­tain­able de­vel­op­ment
Fin­an­cing sus­tain­able de­vel­op­ment: Blen­ded Fin­ance We now have less than 10 years to achieve the Sus­tain­able De­vel­op­ment Goals (SDGs). To date, the SDGs have been un­der­fin­anced. The an­nu­al fin­an­cing...
1 June 2020
Pub­lic­a­tion of Joint Stand­ards for OTC de­riv­at­ives
In­tro­duc­tion On 2 June 2020, the SA Fin­an­cial Con­duct Au­thor­ity and the Pruden­tial Au­thor­ity (the Au­thor­it­ies) pub­lished Joint Stand­ard 2 of 2020 un­der the Fin­an­cial Sec­tor Reg­u­la­tion Act, 2017, set­ting...
1 June 2020
Why SA banks should pay at­ten­tion to what’s hap­pen­ing in Lon­don
In­tro­duc­tion  Five South Afric­an banks face new charges of dol­lar-rand ma­nip­u­la­tion, after the Com­pet­i­tion Ap­peal Court dis­missed their ap­peal in Feb­ru­ary and the Com­pet­i­tion Com­mis­sion is­sued a new...
1 June 2020
Fin­an­cing a Sus­tain­able Eco­nomy
The Na­tion­al Treas­ury pub­lished on 15 May 2020 a draft tech­nic­al pa­per: “Fin­an­cing a Sus­tain­able Eco­nomy” for pub­lic com­ment.The draft pa­per aims to en­able stake­hold­ers to bet­ter un­der­stand the ex­tent...