Investments,
Financial Instruments and
Market Regulation

We provide assistance to national and international clients acting in the sector of private equity and financial markets. Our advice focuses on any regulatory and legal matter related to authorization processes, extraordinary transactions, transnational and domestic provision of services, as well as on specific legislation applicable to agreements and relations between clients and intermediaries, including vigilance requirements as requested by competent Authorities.

Capital Market

Our legal team covers the entire spectrum of capital market transactions and related instruments; our internal lawyers have a solid track record in dealing with the debt securities market ( including stand-alone bonds and debt securities issuing programmes, covered bonds, tier 1 and with hybrid capital, equity-linked instruments, warrants and high-yield structures) and the capital bids market (including Initial Public Offerings and Takeover Bids, other rights issue, secondary market offering, equity bridge financings, private placement, capital increases and delisting); moreover, we advise on derivatives and structured finance, securitizations, appointment of trustees and agents, combining our strong expertise in financial instruments regulation with our multi-disciplinary and business – oriented approach.

Structured Finance & Financial Instruments

The team advises on every type of transaction regarding structured debt instruments, including account receivables as collateral security, auto-ABS, CDOs/CBOs, RMBS, covered bonds, CMBS, credit card receivables, hybrid project finance, loan portfolio sales and related financings,project bonds, receivables financings, WBS and utility financings.

Investment Funds

We continuously assist private equity funds, hedge funds, property mutual investment funds, mutual investment entities (open and closed) and UCITS,offered by those asset management companies having a large global profile, providing support on any alternate investment means; we also give assistance to asset management units and private banking banks, as part of financial institutions; furthermore, we advise family offices, institutional investors, commodity pool operators and commodity trading consultants; national and international distributors; major fund managers, as well as sponsors and investors in the establishment, structuring, taxation, regulation and supply of a wide variety of investment instruments traded on regulated markets or by private equity, relating to investments in every type of asset class.

In connection with the investment and acquisition activities by a fund, we regularly offer general consultancy services for the fund and its subsidiaries in all legal aspects related to their activities, including access to private or listed capital markets

Derivatives and repo Agreements

We assist banks and Italian companies in the drafting and negotiation of a wide range of over-the-counter (OTC) products and exchange-traded derivatives including swap, options and transactions performed with structured instruments regarding products regulated according to ISDA or GMRA, and GMSLA standards.

 

In evidence

Company Leasing Contracts and Rental Agreements: distinguishing elements.

The Supreme Court in its statement dated 17 February 2020 n. 3888 provides the opportunity to identify distinguishing elements between Company Leasing Contracts and Rental Agreements. The Court lingers on the elements which characterize the company, in particular the organization of the same, an element that must pre-exist at the signing of the contract and therefore the analyze of the differences between the companys’ lease contract and its rental agreement.