BANKING AND FINANCE LAW

SLD has extensive experience in banking and financial law, which places it among the most important firm in the field.
The banking and finance department consists of a team of four professionals, supported by interns and coordinated by Adv. Antonio Donvito.
The Firm advises major banks, including business banks, financial intermediaries, companies involved with securitised credit servicing and non-performing loans (NPL), leasing and renting companies.

HOW WE WORK: Processing entrusted files and portfolios

SLD shares its strategy of providing legal services and operating models with its clients. This is based on the mandates received, the type of loans and the entrusted portfolios’ characteristics.
In addition to portfolio processing, periodic reporting is carried out also on the client’s ERP software regardless of any legal activity.

WHERE WE OPERATE: Italy

SLD directly covers the judicial offices of the Lombardy Region Courts of Appeal (Milan and Brescia) and the provinces of the neighbouring regions (Parma, Piacenza, Novara), using tested and approved local colleagues.

Head of the Department
Adv. Antonio Donvito
Team members
Adv. Davide Di Muzio, Adv. Damiana Fantini, Adv. Daniela Schiatti, Adv. Filippo Donvito, Adv. Elisa Pennetta, Adv. Stefania Fiocchi, Adv. Silvia Melodia.

WHAT WE DO: CONSULTING AND CONTRACTS, LITIGATION, ARBITRATION, RECOVERY OF BANK LOANS & NPL, ENFORCEMENT AND BANKRUPTCY PROCEEDINGS

Consulting

. Bank of Italy supervisory instructions and CONSOB circulars,
. provision of investment services and financial brokerage contracts,
. direct sales of banking and financial products,
. regulation of the banking subsidiaries of EU and non-EU banks,
. derivative contracts,
. export financing,
. letters of guarantee and credit,
. bank contracts,
. leases, operating leases, finance and factoring contracts,
. consumer credit and related contracts,
. credit cards,
. mortgage loans,
. mortgage credit,
. reverse mortgages,
. guarantee contracts,
. mixed insurance and financial products and ‘linked’ policies,
. reporting to the Central Credit Register,
. outsourcing of banking activities,
. due diligence of bank credit portfolios, including NPL, for acquisitions/disposals with pricing phase assistance.

Contracts

. bank contracts,
. financial contracts,
. guarantee contracts,
. transparency forms,
. sales agency for property and preliminary transfer agreements as security for new financings (“PattoMarciano”),
. purchase – sale of banking and commercial portfolios,
. purchase of public administration credits,
. purchase – sale of NPL credits,
. NPL securitisations, mortgage loans,
. database and confidentiality of clients’ data.

SLD assists banking clients to:
. interpret and implement Bank of Italy, Consob and other independent Authorities’ supervisory regulations.
. manage any proceedings initiated against them by the Supervisory Authorities,
. outsource banking activities.

Litigation & arbitration

A specialised team is dedicated to judicial and arbitration banking and financial litigation; lawyers can defend and assist the client in the various types of litigation, ordinary, summary or emergency from the Court of the First Instance to the Supreme Court.

Defence litigation (for the bank) is managed by the Firm, for example, for disputes relating to:
. contracts form and content,
. general Terms and Conditions,
. ius variandi,
. consumers’ remedy,
. consumers and consumer credit,
. credit and revolving cards,
. transparency and periodic communications to clients,
. bank and guarantee contracts,
. derivative contracts,
. consumer credit related agreements,
. mixed insurance and financial products and ‘linked’ policies,
. insurance contracts related to banking contracts,
. compound interest and interest capitalisation,
. usury and exceeding threshold rate,
. bank fees and overdraft,
. reporting to the Central Credit Register,
. processing of personal data.

Claimant litigations (for the bank) relates to:
. recovery of credit through summary and injunctive proceedings,
. enforcement of guarantees,
. emergency and preventive credit measures,
. clawback actions on disposals of the debtor’s assets,
. clawback actions on secured assets, equity funds and trusts,
. annulment actions, nullity, simulation of acts detrimental to credit,
. damages actions to consumer credit partner institutions.

SLD directly assists clients before every Italian, civil, administrative and criminal court and during mediation, settlement and Alternative Dispute Resolution (ADR) procedures through a network of reliable Italian associates.

The firm provides defence during arbitration and its lawyers can take the arbitrators’ role.

Bank loan and NPL recovery

SLD has a structured and competent team dedicated to bank loan recovery either entrusted directly by the banks, or by securitised portfolio servicing companies. The recovery activities include the following steps:
. credit assessment before the legal recovery phase,
. extra-judicial debt recovery,
. injunctive / summary proceedings after the issuing of judicial enforceable measures from the relevant judicial office,
. registration of judicial mortgages,
. management of any opposition proceedings (Court order payment),
. pre-legal collection notice for payment,
. enforcement proceedings, including the sale of fixed and non-fixed assets or held by third parties,
. settlement with the debtor to define credit.

Property enforcement procedures

SLD expertise is based on many years of qualified and experienced property enforcement procedures. Its professionals defend the creditor whether it be as claimant or appearing party, normally based on court enforcement orders (injunction) or extra-judicial (mortgage loan, reverse mortgage by notary deed) procedures.

Thanks to its network, the department ensures the foreclosure transcription, the collection of hypo-cadastral documentation, assistance in each part of the procedure. This includes the awarding of property to third parties, and the final collection of sums obtained.

Bankruptcy and business crisis proceedings

SLD has a consolidated experience in bankruptcy and insolvency law and debt restructuring procedures.
We assist banks and lending companies during the debtor crisis phases and subsequent bankruptcy or insolvency proceedings (arrangements with creditors, extraordinary administration, compulsory administrative liquidation, restructuring agreements, over indebtedness procedures).

We defend our clients in litigation with bankruptcy bodies and defend those bodies in the recovery of bankruptcy assets.

The bankruptcy department has expertise in:
. petition for admission in the creditors’ list and appeal against the court order rejecting the admission to the creditors’s list,
. arranging payment as a preferential creditor,
. assistance in the preparation and submission of reorganisation plans, debt restructuring agreements, creditor and bankruptcy arrangements, and extraordinary administration procedures,
. assistance and protection of claims against the local authorities in financial difficulty and public entities in liquidation,
. assistance to the bankruptcy body during the liquidation of the insolvent debtor’s assets, and for any disputes as defendant or claimant,
. assistance for the creditor’s protection during bankruptcy proceedings,
. support for companies against clawback and damages actions by the bankruptcy body.

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