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Banking, Financial and Capital Market Sectors

Banking and Financial Sector

Counsellors of several banking activities: setting up and authorization of banking institutions, acquisition and sale of existing banking institutions; arrangements before the Central Bank of the Argentine Republic, financing and financial products. Related experience includes:

 

  • Local counsel to Banque Nationale de París since its landing in Argentina in the late seventies. General assistance has included the submission and obtainment of the license, startup, banking transactions, assistance as local counsel to BNP as Syndicate agent for Argentina´s public sector debt restructuring, etc.

  • Legal Counselors of NMB - ING Bank.

  • Legal counsel to Banco Cofidis and Banco Cetelem, including the obtainment of a banking licence, the assignment of a credit portfolio, and the sale of the shares of Banco Cofidis.

  • Legal counsel to a Securitization Program for the Banca Nazionale del Lavoro, involving different kinds of assets, for a total amount of u$s 350 Million and the first issue under the Program, securitizing home loans.

  • Legal counsel in the organization and structuring of businesses of Toyota Compañía Financiera.

  • Structuring of the financial business of the shop chain C&A, by means of its Credit Card for Clients.

  • Other banking acquisitions projects (Banco Continental, Barclay’s Bank going concern for ING, etc.).

Capital Markets 

The Law Firm has experience in the structuring of project financing, as well as in the use of the capital market as one of the financing channels comprising a great range of different situations that require new designs and creativity in the search of solutions. 

In financing issues, the Law Firm has participated, by itself and through its members, in the structuring of financial trusts, as summarized below. The participation of the Law Firm began at the time the Construction Financing Law (Ley de Financiamiento de la Construcción) was being discussed. The legal definition of trust was introduced in said law, thus amending the Civil Code. The Law Firm participated diligently through its members, in the preparation of the law drafts, the discussion thereof, and counseled the President of the Parliamentary Commission of the Chamber of Deputies in the discussions at the Parliament on the law.

 

  • Initial Public Offer, bonds, negotiable instruments and securities in general, debt placement and issuance of shares of companies making public offer of their shares.

  • Legal counsel for a project regarding Torneos y Competencias, a major TV producer and sports media conglomerate, of the  issuance of bonds both in the Argentine and under Regulation 144 A, for a total amount of 100 Million dollars.

  • Legal counsel to a Securitization Program for the Banca Nazionale del Lavoro, involving different kinds of assets, for a total amount of u$s 350 Million and the first issue under the Program, securitizing home loans, besides being counsel to such bank in many issues.

  • Legal counsel to Santander Investment for the structuring of the first Fund under Argentinean law with principal guaranteed to the investors, which has been followed by three other funds under the same concept, in total u$s 400 Million.

  • Legal counsel to Trenes de Buenos Aires for the structuring of a trust as means of financing the provision of rolling stock (approximately u$s 200 Million)..

  • Legal counsel for the preparation of the presentation of Bombardier Argentina as bidder for the provision of rolling stock to Metrovías S.A. (approximatelly u$s 100 Million) which included, among other contracts, the establishment of a Trust.

  • Banco Hipotecario Nacional: The Law Firm participated in the drafting of the Standard Trust Agreement for the financing of Constructing Projects.

  • "Torre de los Naranjos" Trust. This Trust, structured by means of one of the Law Firm's partners, intended to finance the construction of apartment towers.  The possibility of issuing series of securities in accordance with financing needs was introduced for the first time. Furthermore, particular attention was given to the possible alternatives for investors in the event of failure in the sale of apartments, which may affect the repayment of the securities placed in the market.

  • Camargo Trust. Financing of apartment buildings with the issuance of series in accordance with the work progress.

  • BNL Financial Trusts Program: it was structured for the issuance of different series with individual trusts, with a large range of underlying assets, mainly credit rights.

  • Fiducia Financial Trusts Multi-assets Program: bearing the same characteristics as the preceding one.

  • Columbia Financial Trust: It was structured having consumer credit agreements as  the underlying asset.

  • Secures Series 02 Financial Trust: The underlying assets were receivables and other documents of Angel Estrada y Cía., originated in the ordinary course of its business.

  • Financial Trust on motor vehicle pledges structured by Banco Israelita de Córdoba.

  • Private Trust created for the financing of livestock winter pasture.

  • Trust acting as Guarantee: The assets under the trust are made up with the revenues originated in a hotel concession, the insurance on the real property subject to exploitation, and the funds arising from the exercise of purchase options on the real property, or the shares of the company that owns said hotel. This trust guarantees a loan granted by a Foreign Bank to a local company, with the purpose of a substantial reform of the real property granted under the concession, and new civil works.

  • Trust as Direct Mutual Fund for "La Nación" Building. It was created to finance an offices building to be built above the present construction owned by the newspaper "La Nación".

  • Financial Trust as Direct Investment Fund for "Chacras del Paraná", aimed at financing works in a country club.

  • Local counsel for the Agents and Lenders (ING Bank, Banco Río, Banco Shaw and Banco del Sud) of a credit facility to SEI y Asociados de Argentina S.A. (Southern Electric) of U$S 136 million to purchase the Alicura Dam under the Hidroeléctrica Norpatagónica S.A. (HIDRONOR) privatization procedures.

  • Under the same privatization procedure we have acted as legal counsel for ING Bank to submit to the Argentine Government U$S 129 million nominal value of Argentine internal and external debt within the debt to equity scheme.

  • Advice to Colorin S.A. for its capital increase and listing at the Stock Exchange of the City of Buenos Aires.

Av. Eduardo Madero 1020, piso 5 | C1106ACX - Buenos Aires - Argentina | (5411) 4516-1500 | estudio@abeledogottheil.com.ar
Abeledo Gottheil Abogados