BANKING AND FINANCIAL LAW
“At their birth the great banks, decorated with national titles, were only associations of private speculators, who placed themselves by the 707side of governments, and, thanks to the privileges they received, were in a position to advance money to the State. Hence the accumulation of the national debt has no more infallible measure than the successive rise in the stock of these banks, whose full development dates from the founding of the Bank of England in 1694. The Bank of England began with lending its money to the Government at 8%; at the same time it was empowered by Parliament to coin money out of the same capital, by lending it again to the public in the form of banknotes. It was allowed to use these notes for discounting bills, making advances on commodities, and for buying the precious metals. It was not long ere this credit-money, made by the bank itself, became. The coin in which the Bank of England made its loans to the State, and paid, on account of the State, the interest on the public debt. It was not enough that the bank gave with one hand and took back more with the other; it remained, even whilst receiving, the eternal creditor of the nation down to the last shilling advanced. Gradually it became inevitably the receptacle of the metallic hoard of the country, and the centre of gravity of all commercial credit. What effect was produced on their contemporaries by the sudden uprising of this brood of bankocrats, financiers, rentiers, brokers, stock-jobbers, &c., is proved by the writings of that time, e.g., by Bolingbroke’s”. Karl Marx, “Das Kapital”
Our Law Firm provides assistance to enterprises against banks and stockbrokers in managing business disputes which deal with: derivative contracts (Swap, Future, Options, Forward, Interest Rate Swap etc.) and refunds in favour of the Client and toward banks, recovering of sums charged as compound interest, unauthorised overdrawn charges, usury rate, etc.; but we can also help with civil responsibility regarding banking agreements and financial instruments, with legal protection in case of illegitimate subscription in a bankruptcy and insolvency register (CAI – Centrale Rischi, CRIF, EXPERIAN, etc…) and assistance in the procedure for cancellation. We may also assist and advice you in relation to debt restructuring and renegotiating and managing of financial standing (i.e. trusts, loans, corporate funding, over-indebtedness).
Our Law Firm, led by Mr. Rocco Bianco, avails itself of the experience of experts in banking and financial law and can provide expert advice in structuring and realising a wide range of bank and financial projects with special reference to debt restructuring and reorganisation of enterprises which are undergoing a crisis. In such cases, we can assist you in any issue concerning restructuring agreements and standstill provisions, rebalancing projects, composition with creditors – business continuity included (i.e. “Decreto Sviluppo”); jurisdictional and extra-jurisdictional assistance is connected to every kind of financial imbalance and insolvency proceedings both ordinary (such as failure, controlled administration, etc.) and special (legge Prodi, legge Marzano, etc.) according to the modifications included in the failure law with the Legislative Decree n. 5 of 9 January 2006 and following. We can also defend your enterprise during insolvency proceedings (as restitution actions, property defense actions, failure revocation), participation to the creditors’ committee, and assist official receivers and commissioners in their respective tasks and connected actions.
Our services also relate to real estate finance, including real estate funds constitution; real estate investments, development, renovation and valorization; project financing – including public-private partnership (PPP), with special reference to the branches of energy, infrastructures, transports, relating to every aspects and stages of project financing action and securitisation of different types of asset class (as real and mortgages loans – both residential and commercial – healthcare credits, leasing, VAT and commercial credits, repackaging and restoration of different securitisation projects). We may also help you in structuring and implementing financial products, including syndicated loan, secured lending, Collateralized Debt Obligation (CDO), Collateralized Loan Obligation (CLO), Credit-Linked Note (CLN), credit derivatives; leasing, factoring, forfeiting, vendor financing, Export Credit Agency (ECA), guarantee and credit letters, electronic money and payment services; private equity operations, corporation foundation, takeover and leveraged buy-out operations, mergers, purchase, transfer of business branches, national and international demergers – also including banks and stockbrokers.