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Banking & Finance

United Kingdom

The evolution of the lending and debt markets since the start of the financial crisis has left participants facing regulatory change, greater competition in the supply of debt funding, financial distress and a flight to sector specialist advice. Our banking and finance practice can help you navigate these challenges, with expertise in the full spectrum of banking and finance law. Whether you are a lender, borrower, sponsor, insolvency practitioner or debt advisor, our priority is resolving your challenges and putting your world first.

Today’s banking and finance transactions require expertise across a wide range of sectors. CMS is a top 10 global law firm with a strong sector focus. Our driver is to provide clients with pragmatic advice delivered by a multi disciplinary team. With 65 offices globally, we provide sector expertise to support clients' finance requirements and are recognised for providing clear commercial advice and getting the deal done for our clients.

Our clients range from domestic and major global corporates, funds and other financial institutions and advisors across the UK, Europe, the Middle East, Brazil, Mexico and Asia.

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Everyone we work with is just incredibly excellent at what they do. An instruction comes back to you with only those key questions that they need your input on.

Chambers, 2015

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    Asset Finance

    As a bank, owner, export credit agency, lessee, lessor, operator or portfolio manager, you face many challenges in financing assets. These challenges could include increased regulation impacting on funding availability, financial distress caused by global economic conditions and asset-specific considerations such as tax and government licensing.

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    Finance Disputes

    Disputes involving financial institutions can be complex and involve vast sums. This is where our experience gained through long-standing relationships with major banks and financial institutions can deliver efficient and effective solutions for your business.

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    Capital Markets & Derivatives

    The financial crisis and its aftermath have had a considerable impact on the financial markets. Our dedicated Capital Markets and Derivatives team offers a wide range of transactional and advisory services for all aspects of capital markets, derivatives, structured products and structured finance transactions.

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    Corporate Lending & Leveraged Finance

    As a lender or borrower, the increasing regulation of debt markets, combined with increasing sources of funding, poses challenges for your business. Lenders want to remain competitive without sacrificing contractual protections, while borrowers want to achieve the optimum balance of contractual flexibility and competitive pricing.

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    Asset Based Financing

    Our asset-based financing teams focus on receivables and inventory finance and structured trade finance, with a particular emphasis on oil and gas related financings. The blend of skills and the breadth of experience of our partners, coupled with our extensive European coverage through the CMS network, enable us to provide a cost-effective yet highly specialised service to our clients. We thrive on complex multi-jurisdictional transactions.

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    Financial Institutions Lending

    In utilising debt finance, financial institutions face regulatory and administrative constraints that can make it difficult to align the interests of lenders, borrowers and other interested parties. Our Financial Institutions Lending team acts for banks, alternative lenders, insurers, brokers, private equity houses, fund managers and pension funds to implement funding structures that fit in with their business goals.

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    Real Estate Finance

    The real estate finance market has undergone significant change in recent years, with increased regulation, the entrance of more categories of lenders and changes to documentation. At CMS, we understand the challenges that these changes pose for you, having acted for for lenders, developers, borrowers, sponsors, hedge counterparties and others on a wide range of investment and development transactions.

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    Energy Finance

    As a participant in the energy sector, you will need to ensure that financing arrangements are compatible with unique regulatory, cross-jurisdictional and commercial issues. We have been involved as advisers in the energy markets since market inception, and through our experience of working with funders, developers, utilities, operators and other stakeholders in the relevant industries, we can help you create corporate and financing structures that can withstand the test of time.

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    Hotel Finance

    Hotel financing poses unique challenges, potentially combining development, real estate investment, acquisition, portfolio and cashflow-based financing. Our hotel finance team acts for lenders, developers, owners and operators across each of these fields, and helps them meet these challenges and ensure that their financing arrangements complement wider commercial agreements without compromising lender protections.

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    Islamic Finance

    Newcomers to Islamic Finance and existing participants alike face a whole host of challenges that they must successfully navigate to structure, document and complete transactions in accordance with Shariah principles. These challenges include appropriately allocating legal, commercial and Shariah risks between parties and ensuring that transactions, products and services which purport to be Shariah compliant do not breach any Shariah prohibitions.

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    Restructuring & Insolvency

    Our dedicated team of restructuring and insolvency lawyers in England and Scotland advises all types of stakeholders involved in, or impacted by, financial restructuring and corporate insolvency situations.

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    Trade, Export & Commodity Finance

    At CMS 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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    High­lights of our ex­per­i­ence in Bank­ing & Fin­ance in...
    Law-Now: Bank­ing
    Go to the Law-Now web­site
    June 2018
    CMS in­tro­duces Private Place­ments on­line Ques­tion­naire

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    Oliver Dreher, LL.M. (King's College London)
    June 2018
    CMS in­tro­duces Private Place­ments on­line Ques­tion­naire
    21/06/2019
    EU pub­lishes flag­ship re­port on what con­sti­tutes sus­tain­able eco­nom­ic...
    Fol­low­ing mul­tiple dead­line ex­ten­sions, the Tech­nic­al Ex­pert Group on Sus­tain­able Fin­ance (“TEG”) re­leased its clas­si­fic­a­tion sys­tem for en­vir­on­ment­ally sus­tain­able eco­nom­ic activ­it­ies (the “Tax­onomy”) this week.
    16/11/2016
    Our glob­al Shari­ah com­pli­ant Real Es­tate Fin­ance prac­tice
    19/06/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.
    Stefan-Ulrich Müller, M. Jur. (Oxford)
    20/11/2015
    CMS ad­vises Curet­is on its IPO
    18/06/2019
    Noth­ing this year then four pub­lic cen­sures come along at once (and...
    There has been a flurry of re­cent pub­lic cen­sures from the FCA and AIM Reg­u­la­tion, as well as an In­side AIM pub­lic­a­tion of­fer­ing some guid­ance on staff­ing of nomads. Sum­mary The FCA's fine and pub­lic cen­sure of Cathay In­ter­na­tion­al Hold­ings Lim­ited (Cathay).
    01/06/2010
    CMS Re­struc­tur­ing and In­solv­ency in Europe News­let­ter...
    18/06/2019
    Is an in­tel­li­gent AI tool right for your busi­ness?
    The Na­tion­al Cy­ber Se­cur­ity Centre has re­cently re­leased guid­ance on as­sess­ing in­tel­li­gent tools for cy­ber se­cur­ity (avail­able here). This guid­ance provides a valu­able op­por­tun­ity for busi­nesses of any size to re­flect on how they should (or equally, should.
    17/06/2019
    PRA 'Dear CEO' Let­ter to Fast Grow­ing Firms
    On 12 June 2019 the PRA pub­lished a new ‘Dear CEO’ let­ter sum­mar­ising the reg­u­lat­or’s find­ings from a re­view of 20 non-sys­tem­ic de­pos­it tak­ing firms that it has un­der­taken over the past year. The firms re­viewed are mostly grow­ing faster than the mar­ket as a.
    12/06/2019
    Are in­vest­ments in Ho­tels Shar­i'ah-com­pli­ant?
    In the Is­lam­ic fin­ance world, real es­tate has gen­er­ally been the per­fect as­set class. An in­vest­ment in a com­mer­cial real es­tate as­set is usu­ally an equit­able, tan­gible and cer­tain trans­ac­tion with little room for spec­u­la­tion, un­cer­tainty or un­just gains – all.
    11/06/2019
    LIBOR dis­con­tinu­ation: first float­ing rate note amend­ment to com­poun­ded...
    As­so­ci­ated Brit­ish Ports (“ABP”) have suc­cess­fully car­ried out a con­sent so­li­cit­a­tion pro­cess in re­la­tion to some LIBOR-linked notes is­sued by their spe­cial pur­pose fin­an­cing vehicle, ABP Fin­ance plc.
    05/06/2019
    Crowd­fund­ing: FCA con­firms new rules for P2P plat­forms
    On 4th June 2019 the Fin­an­cial Con­duct Au­thor­ity (the “FCA”) pub­lished fi­nal rules for peer-to-peer (or P2P) lend­ing plat­forms.  The new rules are the res­ult of the FCA’s con­sulta­tion that launched in Ju­ly 2018, with the FCA stat­ing that the new rules are de­signed.