This section presents a selection of representative matters handled by the Firm in advising banks and financial intermediaries, with particular focus on complex legal, regulatory, contractual and operational issues.
In compliance with client confidentiality obligations and applicable professional conduct rules, the names of clients assisted by the Firm are neither disclosed nor otherwise identifiable.
These are examples of interpretative, regulatory, contractual and operational issues arising in professional practice.
- Legal opinions, including pro veritate opinions, on particularly complex banking and financial law matters for local, national and international banks
- Ongoing advisory on anti-money laundering regulation and its practical application for Italian and foreign banks
- Assistance to a leading Italian bank in preparing a proposal for unilateral amendment pursuant to Articles 118 and 126-sexies of the Italian Banking Act (TUB) in relation to the application of negative interest rates
- Pro veritate opinion for a local bank on legal risks associated with partnerships with fintech companies
- Pro veritate opinion on the applicability of the prohibition of interlocking directorates
- Pro veritate opinion for a leading financial intermediary on distance consumer credit agreements
- Pro veritate opinion on the applicability of PSD2 to a company operating in the intermediation of commercial payments
- Preliminary legal analysis of the use of blockchain technology in the payments area for a leading Italian bank
- Regulatory advice to an Italian bank on the implementation of certified email (PEC) communications with clients
- Pro veritate opinion on the nullity of loan agreements containing so-called floor clauses
- Review of banking documentation relating to fixed, floating and revolving pledge arrangements
- Review of collateral structures in acquisition transactions for a banking group
- Drafting of standard contractual documentation for a newly established commercial bank
- Updating of banking documentation to reflect new rules on anatocism, anti-money laundering and MiFID
- Review of a master agreement relating to financial instruments for a leading investment bank
- Contractual review for a leading leasing company
- Issues relating to the validity of derivative contracts used for hedging purposes
- Issues relating to the validity of derivative contracts and investment orders executed off-premises
- Issues relating to bank liability for misappropriation of funds by a rogue financial advisor
- Issues relating to the correct application of banking fees in relationships with public institutions