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Banking and finance

Banking and finance

The attorneys of our banking & finance practice provide comprehensive legal support to banks, professional securities market participants, financial institutions and investors at all stages of their business. 

Registration, licensing and regulatory advice for banks and other financial institutions

  • Providing legal support in the establishment, registration, licensing and re-organization of banks, credit organisations, professional securities market participants and other financial institutions
  • Providing legal support in dealings with regulatory authorities in relation to registration and licensing issues
  • Regulatory advice for banks, credit organisations, professional securities market participants and other financial institutions
  • Providing legal support in the development and implementation of new banking and financial products and services, including drafting product documentation
  • Providing advice on tax and currency control regulations

Legal support of financial transactions

  • Capital markets transactions
  • Issuing and trading in securities
  • Bilateral and syndicated lending
  • Derivatives transactions
  • Pre-export financing
  • Trade finance
  • Security for lending transactions

Working with distressed debts

  • Restructuring distressed debts
  • Representing lenders in state commercial courts and before arbitral tribunals
  • Foreclosing in transactions secured by a pledge
  • Handling bankruptcy cases
  • Recognition and enforcement of foreign arbitral awards and foreign court judgements in Russian courts

Legal support for retail banking and financial services to private individuals

  • Private banking & off-shore wealth management products
  • Deposits and loans
  • Credit cards
  • Mortgages and securitizations

Taxation of financial transactions and tax disputes

  • Advising on the tax aspects of financial transactions (transactions with securities, exchange-traded and OTC derivative financial instruments, structured financial products)
  • Transfer pricing for banks and financial institutions
  • Tax aspects of SLA and similar agreements; testing and optimizing documentation flow, taking into account the requirements of the Russian tax authorities and courts
  • Tax aspects of hedging transactions; testing and optimizing supporting documentation, taking into account the requirements of the Russian tax authorities and courts
  • Providing tax support for M&A transactions and intra-group restructurings, including for companies with foreign shareholders
  • Conducting comprehensive tax audits, identifying risks and overpayments
  • Handling disputes with tax authorities; pre-trial settlement of disputes and handling court cases

Information security and data protection

  • Advising on compliance with the requirements of bank secrecy legislation
  • Advising on compliance with the requirements of personal data protection legislation
  • Advising on establishing a commercial secrecy regime

Projects

Having bank loyalty programmes exempted from being additionally taxed The firm’s lawyers represented one of America's largest finance corporations in a complex tax dispute that touched on various issues concerning the taxation of banking activity. The case was an important precedent for the entire banking sector. Pepeliaev Group’s lawyers managed to prove, before the Presidium of the Russian Supreme Commercial (‘Arbitration’) Court, that the fact of VIP clients receiving bonuses from banks does not generate taxable income. The decision that the Supreme Commercial Court issued in helped to protect banks’ loyalty programmes from being additionally taxed. Such disputes set important precedents for the entire banking sector.
Building a position on the disclosure of information concerning controlling parties Our Banking and Finance Practice’s team advised a large foreign investment fund. The project resulted in the formation of a position on the disclosure of information of controlling parties, beneficiaries, and beneficial owners with respect to investment in the financial sector.
Other projects