FINANCIAL TRANSACTIONS

Team Leader:
C. David DeBenedetti
NY Attorney, Partner

Contact:
DMS DeBenedetti
Majewski Szcześniak
tel. +48 22 339 54 00
ddebenedetti@dms-legal.com

FINANCIAL TRANSACTIONS

We specialize in providing legal services in the largest structured finance transactions. In 2017, 2018 and 2019, the IFLR1000 ranking recognized our market position in distinguishing the most reputable law firms providing legal support in financial transactions, and in 2012 and 2013 we were at the top of the Legal500 ranking in the financial projects category. In 2015 and 2016, the Corporate International Magazine recognized us as Poland’s best law firm providing services to investment funds (Investment Fund Law Firm of the Year), and in 2016 we were granted the title of the Best of the Best in Finance by Acquisition International magazine. We specialize in financial transactions that are predominantly multi-faceted, one-of-a-kind and complicated, involving the participation of multiple parties, including ones involving restructuring processes, project finance and joint venture projects.

What we offer

• We advise local and international financial institutions on financing and negotiating structured finance transactions in Poland.
• We represent leading companies operating in the financial, aviation, power, insurance, agro, food and biocomponent industries in connection with raising financing or changing how their operations are financed.
• We provide legal assistance to foreign banks and foreign financial institutions in connection with their operations in Poland, taking into account the regulatory requirements.
• We advise high-risk funds on the projects they perform in Poland.
• We advise clients in legal matters involving the use of financial services such as asset management and brokerage services.
• We handle the legal side of private equity transactions.
• We advise on corporate merger and acquisition transactions.

Providing legal advice in complex financial transactions requires an in-depth understanding of financial products, capital markets and market practices. We have specialized in providing legal services in financial transactions for 15 years. In particularly complex cases, we cooperate with experienced tax and financial experts, which enables us to provide our clients with comprehensive and custom solutions that best address their needs.
Our clients can count on our legal support at every stage of a transaction – from the initial phase of selecting
a counterparty, through preparing and negotiating all the various types of agreements associated with financing and other transaction-related aspects, legal due diligence investigations into companies and other entities, enabling them to identify the risk associated with a deal, preparing presentations of draft documentation for the needs of financing institutions, as well as preparing legal opinions for closing transactions and establishing security instruments. We also protect the client’s interests under agreements as executed.

References:

• providing legal support to a foreign high-risk fund in connection with direct and indirect investments in Poland, including security instruments and corporate affairs and corporate governance,
• investment agreements with the participation of venture capital and private equity regarding debt and equity financing, in the case of debt financing in the form of subordinated bonds,
• providing legal advice to international financial institutions regarding a loan granted by a European bank, one of the largest loans granted in Poland in 2010,
• structured finance transactions based on LMA templates and advice regarding securities,
• providing legal advice on the preparation and service of loans granted by foreign entities to domestic financial institutions and business entities,
• providing legal advice to leading enterprises from the agro-industrial sector as regards negotiating a draft syndicate loan agreement and the remaining loan documentation – performing a legal assessment of the constructs adopted in the aforementioned draft, in particular as regards the possibility of syndicating the loan principal,
• providing legal advice to foreign banks on the conduct of banking activity in Poland, in particular on granting mortgage-backed loans,
• providing legal advice on issuing bonds together with establishing security instruments,
• providing legal advice on refinancing a company in the industrial sector in connection with the urgent release of security instruments and signing an agreement establishing new security instruments.