Banking
and Finance

QLT assists national and foreign clients operating in the private equity and financial markets sector, providing consultancy in relation to the legal and regulatory aspects relating to the activities of banks, financial intermediaries and other supervised intermediaries in the banking and financial sector (including payment institutions, electronic money institutions, asset management companies, SIMs), both in the incorporation and related authorization process, and during the business activity of the entity. In this context, the Firm continuously assists its clients in all legal aspects connected to the provision of the relevant services on a national and cross-border basis, to extraordinary transactions, as well as in relations with the activity of the supervisory authorities and relevant obligations, as well as in the preparation and updating of the relevant contracts with customers.

The Firm also provides assistance in relation to the regulatory matters, including compliance for the establishment, operation, acquisition, sale and management of banks, financial intermediaries, credit brokers, agents in financial activities, payment institutions, electronic money institutions and other entities monitored; compliance with regulations for transnational activities and their execution; advice and assistance in relation to inspections and investigations by supervisory authorities; sanctioning procedures by supervisory authorities and related disputes; consultancy on transparency, usury, compound interest, reporting to the risk central data base, anti-money laundering and anti-corruption.

The Firm also provides complete assistance for:

  • Financing activity on corporate operations: providing legal assistance in financing operations aimed at acquisitions, leveraged buy-outs and buy-ins, recapitalizations, restructurings and sales, as well as in operations involving senior debt, subordinated debt in their various forms, and mezzanine, high yield, PIK or hybrid, bridge financing, shareholder financing or capital increases, dealing with the negotiation and drafting of the contractual documentation, including the security package.
  • Asset finance: providing assistance and legal advice in financing activity in every form and with every instrument (including leasing, factoring, operating leases, credit and invoice discounting, vendor financing, reverse factoring, subsidized credits) concerning equipment, machinery, registered movable assets, goods warehouse, infrastructure, production and processing plants.
  • Real estate finance operations: providing assistance to lenders, borrowers, lead managers, issuers and other market participants in the full range of real estate finance operations such as: purchase of real estate assets, portfolios of real estate assets and investment vehicles holding such assets; acquisition of mortgage financing; refinancing of existing financial operations; acquisition of bank credit portfolios; real estate securitization transactions via conduits; complex financing structures for tax optimization.
  • Commercial credit operations: assisting banks, financial operators, credit brokers, financial agents, payment institutions, electronic money institutions and customers in all aspects of banking and financial operations, including guarantees, interbank agreements, issues relating to privilege rights, compliance with regulatory provisions, review and renegotiation of contracts and information deriving from transparency obligations, disputes and dispute procedures with the competent bodies such as ABF – Banking and Financial Arbitrator, the Banking and Financial Conciliator or other bodies conciliation and mediation. Our experience includes both national and transnational financial operations, including: mortgages, financing and short and medium-long term credit lines; overdrafts and signature credits; discount of bills; advance on invoices and Ri.Ba.; guaranteed and working capital financing; pawn loans; cross-border financing; structured financial instruments (e.g. mezzanines, subordinated loans); letters of credit and bank guarantees; promissory notes; consumer credit; financial bills; credit policies; crowdfunding; direct lending; credit cards, electronic payment instruments and other activities relating to payment services; cryptocurrencies.
  • Debt restructuring operations: regularly assisting creditors and debtors in restructuring, refinancing and debt settlement and write-off operations, standstill agreements, reorganization plans, debt restructuring agreements, insolvency and out-of-court procedures for debt settlement, as well as in insolvency and extrajudicial procedures for debt settlement. 
  • Structured and project finance operations: providing assistance in various kind of transactions involving structured debt instruments, including secured loans, auto-ABS, CDOs/CBOs, RMBS, covered bonds, CMBS, credit cards credit, hybrid project finance, sale of financial credit portfolios and related financing, project bonds, receivables financing, WBS and supply service financing.

The firm also provides specialized assistance in banking and financial litigation for any type of action and protection.

The professionals active in this sector work in close contact with those of the other areas of activity of the Firm, ensuring the convergence of complementary specializations and professionalism with a view to providing clients with fully integrated assistance.

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