We assist our Clients with regard to all supervisory matters in the banking and finance field (such as, among others, authorisation applications for the exercise of reserved activities, information, regulatory and inspecting supervision, corporate crises and reorganisations), as well as on the structuring of banking and financial products and services.
Within the ambit of our assistance, we issue legal opinions, and draft, review, negotiate and update specific contracts or contractual platforms for the provision of banking and financial products and services (including, but not limited to, loan, secured financing, electronic payment, portfolio management, investment consultancy, reception and transmission of orders and trading agreements).
We are specialised in assisting banks and financial firms (acting as lenders), on the one hand, and companies and family offices (acting as borrowers), on the other hand, in connection with loan agreements, including cross-border ones, which require an in-depth regulatory expertise and an innovative approach.
We also provide assistance in relation to investments in performing UTP and NPL exposures, leasing, and other debt transactions, as well as in real estate ones, both in the acquisition and the divestment phases.
We have a specific experience in the asset management sector, assisting EU management companies, Italian asset management companies (società di gestione del risparmio; (SGRs)) and mutual funds, both under a corporate and regulatory perspective, in the structuring of UCITS’ placement consortia in Italy, as well as in relation to mergers, acquisitions, asset, divestments, and corporate reorganisations.
The complex and multi-source regulatory provisions issued daily in the banking and financial sector at transnational, EU and Italian level, both binding and non-binding (including the so-called “soft law”), entails, on our side, a remarkable monitoring and updating effort, in order to be able to satisfy our Clients’ ever-growing needs.
Whether they be foreign or Italian banks, investment firms, financial intermediaries, asset management companies, payment institutions, FinTech companies, insurance companies, or issuers, our Clients need an highly specialised advice and a problem solving approach on the rules governing their activities and services, enabling them to pursue strategic goals in compliance with the applicable laws and regulations.
Our legal advice hence ranges from the regulatory requirements, to be met since the very outset of our Clients’ operations in Italy, to the structuring of their products and services to be offered to professional and/or retail clients, as well as from the assistance on extraordinary transactions to the representation before EU and Italian supervisory authorities (e.g., ECB, EBA, ESMA, European Commission, Ministry of Economy and Finance, Bank of Italy, CONSOB and Istituto per la vigilanza sulle assicurazioni, the national supervisory authority for insurance services (IVASS)), also in relation to inspections and sanctionary proceedings.
More specifically, our legal assistance aims, ultimately, at:
- the granting of authorisations for the provision of reserved activities and investment services (assessing, if any, Brexit’s legal implications);
- the placing and marketing in Italy of UCITS (i.e., funds, SICAVs and SICAFs) and AIF’s units, as well as the drafting and negotiation of the related placement and custody contracts;
- the structuring of new products and services, and their governance;
- the drafting of investment contracts, also assessing them in light of the applicable consumer law; and
- the realisation of corporate reorganisations, including liquidation proceedings.