Banking and Finance

The Firm’s banking and finance practice provides full range of services in the area of banking law, finance law and currency exchange regulations. Our lawyers advise banks and financial institutions and their clients.  

Our Banking and Finance practice have strong experience in providing comprehensive advice to banks from the time of their formation and through their life cycle, including all aspects of banking business, restructuring and liquidation whenever necessary.  Having solid practical experience in banking services, the firm provides banks with assistance in dealing with bad debts, develops creative solutions to thorny problems, and generally takes proactive approach that allows avoiding unnecessary risks.  Our lawyers develop and implement innovative strategies that help banks and financial institutions improve their position on the market and at the same time protect themselves against hostilities.   

The firm’s services in the area of banking and finance include: M&A transaction in the financial sectors, capitalisation, securitisation, private placement, Eurobonds, legal assistance in arranging cross-border and domestic (municipal) loan facilities including syndicated loans. We also handle various matters of project finance in all sectors of industry, including trade, transportation, energy, etc.   

We offer our clients the following banking services:

  • advise on the matters of formation, reorganisation and winding up of banks (including their representative offices and branches);
  • adjusting the corporate structure of banks to the statutory and regulatory requirements;
  • assisting banks in matters relative to banks’ corporate rights in other companies (both domestic and international);
  • performing due diligence review of banks or other institutions that intend to sell or acquire corporate rights;
  • assisting banks in their relations and communication with the National Bank of Ukraine, Antimonopoly Committee of Ukraine and other regulatory authorities;
  • providing explanatory notes on current banking regulations;
  • legal analysis and adjustment of a bank’s internal policies and codes or drafting new documentation, such as codes of practices, standardised contracts and other documents used by banks in providing relevant services to their corporate and private clients, other documents used by banks in their relations with other businesses and institutions;
  • performing due diligence reviews of assets (property rights) that are being offered to a bank by a borrower as security for a loan agreement or in other transactions;
  • regulatory and compliance counselling on all matters relative to currency exchange operations, including individual licences issued by the NBU, using foreign currency on the territory of Ukraine, international clearing operations, and on other matters of currency regulations;
  • advising on the matters relative to loans extended to Ukrainian residents by non-residents; 
  • dispute resolution and litigation in the matters concerning banking and finance law.

The Firm’s finance practice also offers unparalleled expertise in the field of services provided by other financial and non-financial institutions:

  • formation and reorganisation of credit unions, private pension funds, investment projects, leasing and insurance companies, etc.
  • advising on the regulatory matters of mandatory financial monitoring;
  • advising on arranging and utilising instruments of investments in housing construction, drafting contracts and other documents;
  • preparing legal opinions on the matters of  asset management trusts; 
  • drafting and negotiating all types of contracts and arrangements in the area of financial services;
  • liaising with government and municipal departments  and agencies in the matters relative to the market of financial services.

Publications

Electronic money: a convenient payment instrument or yet another method to circumvent the law?

New banking reform