Banking and finance

Overview

The global slowdown of 2007-9 has changed the dynamic of the Bulgarian financial market. Clients' need for confidence in receiving the best possible advice and for confidence that they are mitigating as many risks as possible has, if anything, increased. The conclusion of debt transactions demands a sophisticated and broad mix of financial and legal capabilities now more than ever.

Our approach to transactions is analytical and rigorous. This allows us to assist clients with innovative solutions and we aim to be at the forefront of all types of finance law work, while remaining highly pragmatic.

To date, we have advised on a large number of transactions with both creditor and debtor clients. We understand how products in the capital structure operate. We also appreciate the different approaches and requirements of lenders, borrowers and investors in the currently unbalanced credit market. 

Security

We have assisted our clients in executing secured transactions involving all forms of security, including:

  • bank and performance guarantees;
  • charges and pledges over assets;
  • charges over shares and movables;
  • floating/fixed/going concern charges;
  • mortgages over real estate, etc.

Our lawyers advise banks and other lenders, borrowers, funds and investors in large scale real estate transactions. The team advises our clients on a wide range of property investment and development financings implemented, where relevant, through structured deals of some complexity.

Thus, we have a strong experience and good understanding of all aspects of real estate finance on the Bulgarian market.

Our firm advises stakeholders on the legal aspects of projects and project financings across industries. We provide comprehensive advice on joint ventures and project structures, conduct legal due diligence assignments, assess risk allocation and review the financing arrangements and the relevant security packages.

Through our strong M&A and Insolvency and Reorganization teams, we have good experience in advising corporate debtors in relation to debt restructurings, re-financings and recapitalizations, debt buy-backs, and other forms of restructuring.

Recent work:

Asset tracing and fraud: Use of evidence from parallel criminal proceedings in a civil trial

Over the last year, we have assisted the victims of a multi-million dollar large-scale international fraud. Certain of the scheme’s operations were embedded in Bulgaria’s thriving business process outsourcing (BPO) ecosystem.

As part of our representation for clients, we have pursued a claim in a regional Bulgarian court (the organisers of the fraudulent scheme having transferred the registration of the relevant entity to a disused building in that location). We were pleased to obtain a very helpful intervention from the court at first instance including an order to append files containing a substantial amount of evidence generated through a criminal investigation into the fraud to the civil case. This provides rich evidential pickings for proceedings which are either already being conducted or are being contemplated in a range of international jurisdictions as well as Bulgaria.

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