The present financial and regulatory landscape in Serbia determines the framework within which business is conducted.
In a developing country, commercial and business banks encounter particular problems and increased risk to its placement of funds.
The current climate is less borrower-friendly, thus business objectives for financial institutions are usually more restrictive terms and covenants in financing agreements. Banks look to us to effectively draft the security documentation and to provide them with a good legal framework to protect them market impacts and unexpected changes to the financial standings of borrowers.
We often step in to review standard banking documents and terms and provide advice on proper drafting and legal risk assessment.
The commercial banking sector has also recently suffered from a major portion of non-performing loans in their portfolios. When the risks outweigh the odds we are engaged by banks to help them with interim measures and freezing orders, mortgage enforcement, and to sue borrowers for any outstanding sums owed to the bank.
When matters go beyond repair, we represent financial institutions in insolvency proceedings against the entity in liquidation.
Moving away from customary lending, the office has the experience and necessary knowledge to address every aspect of complex and bespoke financing arrangements provided by funds and investment banks. We have also advised insurance companies on matters of insurance and re-insurance. We are capable to advise on bespoke lending documentation; syndication possibilities; contractual protections in private equity deals, leveraged acquisitions, and other types of complex lending arrangements. The team's experience in tax, corporate advisory, litigation, regulatory and employment, provides us with an capability to advise on many aspects of a particular transaction.
Recently, the office has had success in dealing with distressed debt situations and acted for clients in negotiating refinancing arrangements. We acted for banks in setting up appropriate security for the debts and drafting refinancing agreements.
We have experience in advising banks and bank in-house legal departments on standard contracts and clauses for commercial and personal lending. We provide opinions, legal risk analysis and advice on improvement of standard contracts.
Financial institutions and banks are under increased regulatory scrutiny. The banking sector is subject to constant regulatory change and this increases the legal risk of non-compliance to banks. The office advises bank clients on applicable regulatory rules and regulatory developments. We have advised banks on regulatory obligations related to incorporation and establishment of a new bank, including licensing requirements. Also, we advise banks in acquiring domestic banks and regulatory consequences of these acquisitions.