Developments in the banking and finance sector and increased litigation necessitate the skills of specialised lawyers capable of anticipating and integrating the resulting changes to rules and practices.
Racine’s banking and finance department is made up of four partners and seven associates who are specialized in the specific issues facing the sector.
The department has 3 main areas of activities:
-Banking and finance litigation
-Banking and financial regulation
The department advises financial institutions, investment funds, family offices and borrowers in the structuring of their bank and/or bond financing operations (fundraised from debt funds in particular). The team assists its clients during all stages of the operation, from the beginning to the end.
Our commitments is to offer them the financing tools most suited to their needs by providing them with advice clearly prioritizing their priorities.
Racine’s team regularly assists credit institutions in the drafting and implementation of their financing documentation and is particularly active in structured finance. It is therefore involved in complex corporate transactions, acquisition of assets and companies, and in real estate.
The team has particular first-rate expertise in handling the financial aspects of turnarounds, especially in the context of complex LBOs. Thus, it is frequently involved in turnaround proceedings on behalf of companies and their shareholders, or in support of creditors.
The team has significant banking and financial litigation practice for companies and financial institutions.
Finally, we assist our clients on the management of their banking and financial regulation issues. The team handles legal and regulatory compliance issues, acting as advisors and offering support for litigation or pre-litigation matters for financial institutions and insurance companies.
Related distinctions 8
STRUCTURING AND ARRANGEMENT OF FINANCIAL DOCUMENTATION
For financial institutions
Establishing various types of bilateral or syndicated financing:
- Corporate acquisition financing
- Structured financing/LBO, OBO, etc.
- Project and infrastructure financing
- Real estate financing (share deals/asset deals)
- Refinancing of existing debt
- Property and asset lease financing
- Drafting and negotiating financing and security documentation
- Designing and optimising the legal and financial aspects of company, asset and real estate portfolio acquisition structures.
- Specific expertise in real estate financing, in close coordination with the firm’s real estate and tax teams.
RESTRUCTURING: TRANSFERS AND RENEGOTIATION
Transfers and refinancing
- transfers of financed assets prior to maturity
- assignment of receivables and connected securities, debt assignment
- renegotiating debt and optimising bank and bond debt
- amicable procedures (ad hoc mandates, conciliation)
- integrated expertise within the Restructuring/Banking Finance department: handling complex LBOs, restructuring national-level senior and mezzanine debt
BANKING AND FINANCIAL LITIGATION
- Amicable negotiations, conciliation and alternative dispute resolution, in particular arbitration
- Risk assessment and management, securing financing using appropriate and effective securities
- Complete handling and management of litigation proceedings in France (and Belgium), with an understanding of the various local courts thanks to our regional presence
BANKING AND FINANCIAL REGULATION
STRUCTURING OF REGULATED ENTITIES
- Structuring of regulated entities (license applications, extensions, and withdrawals)
- Implementation of governance and internal committee systems
- Compensation structuring
- Representation in internal and external growth transactions
FINANCIAL PRODUCT STRUCTURING AND DISTRIBUTION
- Structuring of financial products and services (investment funds, banking, payment and investment services, insurance products)
- Assistance with marketing of banking, payment, insurance and financial products and services (documentation, intermediation, etc.)
- Assistance with cross-border distribution transactions
STRUCTURING OF COMPLIANCE AND INTERNAL CONTROL PROGRAMS
- Drafting of internal policies and procedures
- Assessing compliance with new regulations
- Structuring and review of anti-money laundering and anti-terrorist financing programs
- Review and outsourcing of control functions
ASSISTANCE WITH AUDITS, INVESTIGATIONS AND DISCIPLINARY PROCEEDINGS
- Preparation for hearings conducted by regulatory authorities (AMF, ACPR, ECB and ESMA)
- Assistance with on-site audits and investigations
- Representation during disciplinary proceedings before disciplinary committees
ASSISTANCE WITH ISSUES ARISING IN CONNECTION WITH PUTTING IN PLACE ANTI-CORRUPTION PROGRAMS
- Design of anti-corruption programs for financial institutions and industrial organizations
- Risk mapping, drafting of codes of conduct and third-party evaluation procedures, preparation for audits conducted by the French Anti-Corruption Agency (AFA), implementation of remediation plans
TRAINING: STRATEGIC LEGAL AND REGULATORY MONITORING
- Training of various business lines
- Tailored legal and regulatory monitoring
of the team
Classements récents :
- Legal 500 - 2016: Banking and finance
- Le Point - 2019: Banking & Finance
- International Financial Law Review - 2020: Banking & Finance
Trophées récents :
2015: Trophées du droit et du contentieux
Entrepreneurial firm over five years old: Gold trophy
2017: Trophées du droit et du contentieux
Multi-office firm and regional firm: Silver trophy
2018: Top Legal
News and publications
Racine advises Presstalis, a press distributor in France, on its takeover
Pledging of a claim: The Court of Cassation makes the pledged creditor evade any competition with the other creditors of the settlor, even privileged ones!