Banking, Finance and Capital Markets

Banking, Finance and Capital Markets

In the Czech Republic as elsewhere, the fields of banking, finance, and securities are complex and highly regulated. Navigating the grey areas in the law requires skill and attention to detail. rutland & partners attorneys have extensive experience in financial law, banking, insurance, and capital markets and can provide advice to domestic and foreign banks, securities brokers, mutual funds, pension funds, and other financial institutions in all aspects of their businesses.

Key contacts

Services to Lenders and Borrowers

Bank loans are the major form of financing in the Czech Republic. Czech banks are often considered to be more conservative in their lending practices than banks elsewhere. rutland & partners attorneys are well-known and well-regarded by lenders in the Czech Republic. We can assist borrowers, but also are prepared to provide services to lenders in preparing standardized loan documentation and collecting debts when necessary.

 

Among our other services, we can:
• assist in negotiating all types of loans, including those for acquisitions, export financing and syndicated financing, including LMA standard construction agreements
• prepare standardized documentation for consumer and business financial products
• analyze and resolve regulatory issues related to the activities of domestic and foreign banks, investment firms and other financial institutions (e.g. licensing of small payment institutions)

Financial Leasing and Operative Leasing

Leasing in the Czech Republic is a popular form of obtaining the use of automobiles and industrial equipment. Options include operative leases, where title to the property remains with the lessor, and financial leases, where title is transferred to the lessee. Whether you are lessor or lessee, rutland & partners attorneys can assist you in choosing the appropriate form of leasing for your purposes, and also:

 

• Draft standardized documentation for financial and operative leases of moveable property
• Advise on tax implications and other relevant considerations.
• Assist in negotiating the terms of business leases
• Assist lessees and lessors in resolution of disputes arising from leasing activities.

Capital Markets

Issuance of bonds is more common in the Czech Republic than public offerings of equity. rutland & partners attorneys have experience in the Czech bond market and with the Czech Capital Market Undertakings Act.

 

They can advise and assist with:
• public bond offerings and private placement of securities and financial instruments in the Czech Republic
• listing of bonds for trading on financial markets in the Czech Republic
• regulation of investment and other financial services, including representation before and communication with regulatory authorities

Debt Restructuring

Debt restructuring can allow a company facing cash flow problems to reduce and renegotiate its existing debts in order to improve liquidity so that it can continue its operations. In the right circumstances, it can make the best of a bad situation for creditors as well. Available measures include debt for equity swaps, negotiated reductions of indebtedness, and amendments of payment terms.

 

rutland & partners attorneys can:
• Assist clients in finding creative solutions to financial difficulties.
• Negotiating on behalf of creditors or debtors and drafting documentation for solutions.

Foreclosure of Security Interests

In the Czech Republic, foreclosure and execution on the assets of a debtor can be a very sensitive process. Rutland & Partners have represented many creditors in repossessing and disposing of collateral pledged to secure indebtedness.

 

They can assist in:
• Drafting of solid, enforceable mortgages of real property and security interests in personal property
• Registration of security interests with the appropriate Czech authorities
• Actions to enforce security interests