Through the banking and finance practice area we advise our clients, financial companies, institutions and top class financial institutions, namely foreign, on the development of their financial operations in Spain or linked to this jurisdiction.

Our team counts on extensive experience in providing practical and efficient solutions in the following areas:

Asset financing

In the project, negotiation, formalisation and execution of the most diverse financial contracts, which are always adapted to the characteristics and needs of our clients, such as loans or a line of credit with collateral, chattels and/or mortgage, consumer credit, leasing agreements or financial lease or general contract conditions, among others. Our services include the design and preparation of documents such as the acknowledgement of debt, non-recourse debt and assignments of debt or payment, bank guarantees and other similar documents. We provide advice from the first phases of the financing (mandate letter and term sheets), until the preparation, negotiation and finalisation of the credits and loans, designing the structure of collateral and surety packages.

Mariscal & Abogados counts on proven experience in ship financing, and provides support in the design and implementation of various funding schemes in the maritime sector (finance leases and naval mortgages).

Equally significant is our experience in the financing of the construction and/or acquisition of property, structuring the finances in line with Spanish contracts, such as conditional or combined sales purchase agreements with project finance and sales leaseback agreements.

In collaboration with our litigation team, we have a strong success rate defending our clients in technically complex judicial proceedings before the courts on the aforementioned refinancing operations, in both an ordinary and executive manner.

Restructuring

Due to our in depth understanding of the interests at stake in operations of debt restructuring and refinancing, we are able to advise both funded and funding agencies.

We provide comprehensive legal advice on integral financial operations falling under liquidation and administration. Notably, our knowledge on specific areas include pre-bankruptcy or credit to refinance agreements, court approval of these agreements, restructurings and debt capitalization, payment of creditors from liquidated assets, acquisition of production units or the negotiation of debt in bankruptcy.

Financing of acquisitions

We advise on acquisitions of companies under various forms that have developed in the Spanish financial market: Leveraged Buy-Outs (LBO) and Management Buy-Outs (MBO), among others.

Financial regulation

Mariscal & Abogados’ knowledge of the financial regulations that financial entities are subject to include the regulation of the organization and the functioning of financial institutions as well as the implications of operations acting in their ordinary capacity in complying with their regulatory obligations.

We advise on:

    • The creation of subsidiaries, branches and representative offices of financial institutions
    • Observation of compliance with reporting requirements and other requisites placed by national regulators (conduct norms, anti-money laundering, etc.)

The launching and commercialization of new products (such as distance financial services).