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Banking & Finance

Studio Cancrini Law Firm has proven experience and expertise in the field of banking and finance, which derives from over 30 years of legal activity in the discipline.

What is banking and finance?

We speak of Banking & Finance to indicate the discipline that governs the relationships between the bank and/or the financial intermediary with customers, as well as the Bank as an institutional subject. Thus, we deal with debt-restructuring and we constantly analyze bank account agreements, all the various procedures regarding opening current account credits, as well as mortgages, guarantees, loan agreements, leasing and factoring contracts and financial instruments, both as mass securities (shares, government bonds, other debt securities, units of mutual investment funds, etc.), and as derivative contracts (OTC derivatives, IRS derivates, futures, SWAP etc.), as well as financial insurance instruments, such as index-linked and unit-linked policies.

Why you need an expert lawyer in banking and finance?

Because the bank prefers to pursue its interests if the customer is subjected to it, as the balance of power is unequal: on the one hand, the bank (strong subject), on the other, the company or individual consumer (weak subject). The intervention of the lawyer makes it possible to rebalance these positions, providing new solutions and/or unknown horizons that require specific technical expertise which the company and/or the individual client do not have.

When is it necessary to contact an expert?

Certainly, an expert shall be contacted when bank debt becomes difficult to sustain, both for companies and for individuals, but above all it is advisable to resort to a lawyer expert in banking and finance as a preventive measure, to avoid the Supervisory Reporting of Non-preforming Loans.

These reports, in fact, constitute a detriment to the “creditworthiness” of the debtor which, although as temporary measures, cut him off from access to credit. By following a preventive strategy, however, it is possible to operate through a range of other legal instruments, realizing a real debt restructuring, which can be very advantageous for the customer also in terms of reducing the debt itself.

To whom are the Banking and Finance services of the firm addressed?

Companies, sole proprietorships or collective enterprises, consumers, guarantors and, more generally, micro, small, medium, and large enterprises.


The experience of Studio Cancrini Law Firm

The firm can boast many years of experience in the field, with remarkable results achieved both in the judicial field (the last sentence of the Cassation in the matter of Toxic Securities won is dated July 21, 2022), and in the field of out-of-court settlements and provides assistance to the company for all the problems it may incur, not only from a strictly legal point of view, but also in related sectors, such as that of financial mathematics, involving the best national experts and professionals in the field of banking & finance.

The firm offers important assistance in the field of omnibus and specific sureties since several years. Recently, it has increased its activity in this field, especially after the sentence of the United Sections of the Cassation n. 41994 of 12.30.2021, with which the partial nullity of the omnibus sureties was recognizes as the latter are not compliant with the ABI scheme, as had already been stated by the Bank of Italy with provision no. 55 of 02/05/2005, that censured those sureties for contrast with the antitrust legislation (i.e. art. 2 paragraph 2, letter a) of the law n.287 of 1990 and art. 101 of the Treaty on the Functioning of the European Union).

The nullity, even partial, of a surety excludes the connection of the surety to the debt. If you have any doubts about a Guarantee Agreement or would like to inquire about its invalidity or validity, we are happy to assist you by providing clear and fast advice on this matter.

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