Our Banking, Capital Markets and Insurance team has extensive experience advising on credit and capital market transactions, and on regulatory issues in the financial sector and in the insurance field.
In relation to credit operations advice, we have a preferred position advising companies, financial institutions and investment funds on corporate finance, project finance, LBOs, asset finance, real estate finance, restructuring and secondary market operations. We work together with our London and New York offices and with the best Anglo-American law firms in international credit operations, including those subject to laws other than Spanish or Portuguese. We have extensive experience advising on financing operations in Latin America, together with our preferred law firms.
In relation to capital markets, we advise issuers, underwriters or insurers, investment services companies and investors in local and international capital market operations, on all types of securities (shares, hybrid products or additional tier 1 securities, promissory notes, bonds, debentures, convertible or exchangeable bonds, mortgage bonds, territorial bonds, structured bonds, warrants, project bonds, high yield etc.), including IPOs or shares offered for subscription, private placements, block trades or accelerated bookbuild offerings, takeover bids, trading admissions, share buyback programmes, employee share programmes, MTN programme updates, securitization funds, etc.
Our advice on financial regulatory matters includes matters related to regulated markets, Multilateral Trading Systems (MARF, MAB), clearing and settlement chambers, their operating regulations, management entities, MiFID, rules of conduct, transparency and information, inside information, sanctioning proceedings, both in the administrative and judicial stages etc., including regulatory proceedings before the supervisory authorities, such as the Spanish and Portuguese Securities Market Authorities (CNMV and CMVM, respectively).
It is contended that listed companies should have the freedom in their articles of association to impair the record date system or reduce the 5-day period provided in Art. 179(3) LSC with respect to shareholders’ right to attend to and vote at general meetings.
Se propone el reconocimiento de autonomía estatutaria a la cotizada para enervar el sistema de la fecha de registro o reducir el plazo de 5 días previsto en el artículo 179.3 LSC en materia de legitimación del accionista para asistir y votar en la junta general.
Article 153 bis of the Land Registration Act restricts the granting of maximum-amount mortgages to credit institutions and financial credit establishments. Subsequent legislation allows other financial institutions to engage in these transactions.