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Banking Finance

Presentation

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:

-Financing

-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 7

FINANCING

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

For borrowers

  • 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

Turnarounds

  • 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

Distinctions
of the team

Classements récents :

  • Le Point - 2019: Banking & Finance
  • Legal 500 - 2016: Banking and finance

Trophées récents :

  • 2018: Top Legal

    Top Legal

  • 2017: Trophées du droit et du contentieux

    Multi-office firm and regional firm: Silver trophy

  • 2015: Trophées du droit et du contentieux

    Entrepreneurial firm over five years old: Gold trophy

The team

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News and publications

Press releases

20/02/20

Racine advises Saint-Joseph Hospital in its merger with the Association Marie Lannelongue

Racine advised St. Joseph’s Hospital in its merger with the Association Marie Lannelongue, approved by the general meeting of the Association Marie Lannelongue and the Board of Directors of the St. Joseph’s Hospital Foundation on December 19 and effective since January 1, 2020. Read the...
Read more

Press releases

18/12/19

Racine strengthens its Banking-Finance-Insurance department with the arrival of David Masson and three associates

Read the press release here
Read more

News flashes

11/04/19

Rankings LEGAL 500 EMEA 2019

Racine is ranked in 10 categories of Legal 500 EMEA 2019. Insolvency – ranked: tier 2/4   “Racine has a strong practice and is regularly instructed by key stakeholders and debtors to handle major industrial and LBO restructuring cases. The team recently acted for leading newspaper and...
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