Banking & Finance

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 from 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.

  • Asset finance – We assist purchasers and lenders on financing acquisitions of a single asset or portfolio of assets.
  • Insurance and Re-Insurance
  • Financial services and regulatory advice – We advise and assess the impact of regulations on lending activities.
  • Project finance
  • Real estate finance – We advise lenders or purchaser on all aspects of real estate financing transactions including appropriate security arrangements.
  • Financial restructuring and creditor litigation– We advise on potential debt restructuring, reorganization and insolvency matters.
  • Loans and credit facilities – We provide advice and draft all necessary documents for business financing in secured or unsecured transactions.
  • Acquisition finance –We can advise on finance and structuring of mergers, acquisitions (shares or assets), privatizations and restructurings.
  • Litigation – We provide full litigation services for all above mentioned issues.

Regulatory

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.