Banking and Financial Law
We provide high quality advice in legal aspects and services based on our wide experience and knowledge of the banking and tax legislation, and in accounting standards.
Corporate financing and project finance operations.
- Prior advice:
- Due diligence analysis of the real estate project, business or asset.
- Special attention to regulatory aspects
- Design of the financing operation
- Negotiation of the financing contract and guarantees
- Wording and negotiation of the main financing and associated contacts: guarantees, mortgage.
- Special attention to the banking pool, guarantees, and debt structure.
- Legal advice in relation to key contracts of the real estate business/project/operation
- Refinancing operations
- Wording and negotiation of the refinancing operation
- Stand-still agreements
- Judicial approval
Procedural and recovery law:
- Quantity claims for default of ordinary loans: claim’s prejudicial management, entity’s defence in the corresponding judicial proceeding.
- Comprehensive management of mortgage claims (NPL): claim’s prejudicial management, entity’s defence in the corresponding judicial proceeding, complete execution of guarantees.
- Amicable solutions for the novation of banking contracts avoiding the lawsuit: negotiation and mediation.
- Entity’s defence in clients’ claims, with a wide experience managing judicial proceedings in mass filed by consumers (hybrid products, derivatives, structured products, shares, mortgage clauses).
- Defence of the entity’s interests in bankruptcy (credit defence; termination actions; execution of guarantees; negotiation of collective bargaining agreements) and pre-bankruptcy (off-court payment agreements, negotiation/challenging of refinancing agreements, early collective agreement proposals).
Debt portfolio’s transactions:
- Elaboration and/or analysis of large volumes of information for Vendor Due Diligences and Acquisition Due Diligences. Load and management of Data Rooms.
- Assistance in the elaboration or analysis and valuation of investment offers.
- Assistance in the elaboration and negotiation of the asset portfolio’s purchase and sale agreement through the appropriate identification and contractual management of legal risks associated to this kind of transactions and in particular risks associated to:
- The management of credits brought to court
- Fees of external lawyers and attorneys of assigned filed
- Procedural succession
- Consumers’ rights
- Land registrations and continuing-performance contracts
- LOPD and record in default records
- Cut-off and post-closing operations
- Assistance in the elaboration, review and operating of criminal liability management models in recovery: risk mapping, identification of situations of conflicts of interests between the different management units and accompaniment in the compliance modelling.