BANKING & FINANCE LAW
Miller Canfield provides legal assistance in the fields of banking law including project finance (especially in the area of financing real estate projects) and consumer finance, as well as in the area of financial services, services related to securities, financial instruments, including real property and construction financing schemes.
The team dealing with banking and finance law in its broadest sense is composed of Polish lawyers and experts from the Firm’s foreign offices. Members of the team have many years of experience working for clients in this field – both Polish and foreign – financial institutions (banks, investment funds of Fintech entities) and entities raising capital for their activities.
Within the above scope we provide inter alia the following services:
- formation, mergers and acquisitions of banks;
- creation of bank consortium agreements;
- drafting and reviewing banks’ policies, procedures, instructions and other internal regulations, including in the area of corporate governance and banking activities involving consumers;
- ongoing legal services to banks, including representation of banks in legal disputes and in the execution of collateral for granted financing;
- advising on the legal aspects of outsourcing services to banks, including in the field of IT;
- representation of banks and other entities in proceedings in front of the Financial Supervision Commission;
- ongoing legal services to investment funds and other investors, including in legal disputes;
- drafting statutes and regulations for the operation of financial institutions supervised by the Commission and their various bodies;
- advising on trading in financial instruments and the issuance of securities;
- legal assistance at the stage of preliminary negotiations of financing terms;
- designing the optimal corporate structure for the implementation and operation of investments, including the creation and ongoing operation of mezzanine financing structures;
- preparation of financial documentation, including LMA standard loan documentation and "tailor-made" documentation for non-bank financial structures;
- preparation of documentation and registration and verification of the correctness of the establishment of all types of collateral for the granted financing;
- preparation of all types of corporate documents required to obtain financing, including from foreign entities (in cooperation with foreign lawyers);
- assistance in meeting and legally verifying the conditions for the launch of financing;
- legal assistance at the stage of servicing and repayment of debt and release of established collateral;
- design of structures, preparation of documentation and legal assistance in the process of restructuring existing debt, including changes to existing collateral and establishment of new collateral;
- creation of refinancing structures and documentation;
- legal assistance in the area of debt trading.