Financial institutions are facing unprecedented market challenges, where regulatory evolution and technological development represent both a risk and an opportunity.
ADVANT Nctm’s team leads its clients through such evolution, providing assistance and advice to banks, financial intermediaries, investment firms, asset managers, insurance companies, funds and other financial institutions in relation to regulatory compliance issues related to both their specific business and other areas of law.
In particular, the department advises clients in the preparation and signing of contracts relating to transactions concerning their core business, such as corporate financing, acquisitions of NPL portfolios, project finance; in the debt restructuring of counterparties, with particular reference to the execution of agreements relating to certified plans and restructuring agreements; in capital market transactions for the issue of financial instruments and/or listing on the MTA and Euronext Growth markets; in banking and financial litigation (e.g. mis-selling of financial products, proceedings for the mis-selling of financial products, enforcement proceedings, actions for revocation, usury and anatocism and cases) and insurance disputes in enforcement proceedings of the Supervisory Authorities (Consob and Bank of Italy).
The assistance provided to financial institutions also covers the application of sector (statutory and regulatory) legislation on the provision of banking, financial, investment and insurance services, of anti-money laundering and anti-usury legislation, of EU legislation on payment services, electronic money and consumer credit and, more generally, of the transparency regulations applicable to the marketing of banking and financial products, including before the relevant Supervisory Authorities.
The team has specific expertise in banking governance and prudential supervisory aspects, as well as in the management of crises of supervised entities, including the management of distress procedures, also at the request of the Supervisory Authority, and has gained significant experience in transactions involving the acquisition and merger of banks, bank branches, insurance companies and financial intermediaries and the outsourcing of some of their activities, such as IT platforms and the management of non-performing loans.
Finally, the professionals deal with the sector of financial institutions in relation to antitrust law, both in connection with mergers and agreements, and labour law, as outsourcing processes in the banking environment, and the reorganisation of distribution networks.