Operators need advice focused on technical aspects, best practices and constant updates. We know this is the only way to be able to offer swift and accurate analysis, without delay and at a reasonable cost.
Thanks to our structure, we can also support you in M&A involving regulatory aspects (e.g. authorisation procedures, and requirements for prior, subsequent and periodic disclosure).
Whatever your company size and type, our assistance is always guaranteed: banks and banking groups, financial and insurance intermediaries, guarantee funds, investment firms, insurance companies, asset management companies, extraordinary administrators, liquidators, supervisory committees, boards of statutory auditors and other Italian and international regulated entities.
We can assist you on a wide range of matters:
- analysis of the structure of the regulatory capital of banks and the definition of capital strengthening and funding measures
- definition of the governance structure of regulated entities, internal controls system, remuneration and incentive policies and best practices and self-assessment of corporate bodies
- regulatory and supervisory profiles connected with extraordinary transactions and M&A involving regulated entities
- assessment of anti-money laundering and anti-terrorism measures, along with the identification of any strengthening measures
- management of inspection and sanctioning procedures (including the drafting of defence arguments and appeals) and of the relations with the supervisory authorities for regulated entities
- requests for authorisations to commence regulated activities, as well as authorisations in general concerning regulated entities and relations with the supervisory authorities
- execution of audits and forensic investigations into delicate operations and the preparation of measures for the prevention and tackling of any irregularities detected
- assessment of the suitability of the organisational model 231 adopted by banks
- management of the range of approaches available in extraordinary crisis situations (temporary administration, compulsory winding-up, extraordinary administration)
- investigation of violations by company representatives and directors, commencement of liability actions, management turnover and other solutions in the turnaround phase (both pre-crisis and in insolvency)
- assessment of the compliance profiles of regulated entities with regard to sector best practices (authorisations, including ECB authorisation, and fulfilment of prior, subsequent and periodic disclosure obligations)
- drafting and revision of contracts, transparency documentation and sector-specific forms, policies and internal manuals
- drafting, management and reorganisation of bancassurance agreements and structures
Here’s what sets us apart
- Our experience in the field enables us to manage complex transactions, quickly getting to the heart of the problem and finding targeted and precise responses
- The wide range of resources available to our team, with their specific and considerable experience and a well-established reputation in the sector, means we stay up to date. This ensures we always see the bigger picture, managing to provide assistance even in cases where no established practice exists, such as the new European supervisory framework
- Our Best Friends [link to page] and international network help us support your cross-border transaction, with a close eye on Frankfurt, where the headquarters of the European Central Bank are located and where we have an outpost at Hengeler Mueller’s premises, with BonelliErede’s professionals experts in the European financial regulatory field
- Our range of practice areas, including criminal law, means we can easily set up ad hoc teams that meet the requirements and nature of the transaction in question