Banking and Corporate Law

Areas of Intervention and Financial Protection

1. Banking and Financial Litigation Management

  • Analysis of Bank Accounts and Financing: Verifying and challenging banking anomalies, compounding interest (anatocismo), usury, or the application of un-agreed fees on current accounts, corporate loans, and leasing agreements.
  • Derivatives Litigation: Assistance and representation in disputes concerning hedging derivative contracts (e.g., Interest Rate Swaps) signed by companies, verifying compliance with disclosure, transparency, and suitability obligations by financial intermediaries.
  • Opposition to Injunctions and Payment Orders: Initiating defense actions against debt collection procedures activated unfairly or disproportionately by banks or non-performing loan (NPL/UTP) management companies.

2. Credit Lines, Guarantees, and Central Credit Register

  • Central Credit Register Disputes (Bank of Italy): Urgent injunctive relief and formal claims regarding incorrect or unlawful “bad debt” classifications of the enterprise in credit databases (Centrale Rischi, CRIF), aimed at restoring the company’s credit rating.
  • Protection of Guarantors and Sureties: Legal assistance to shareholders, directors, or parent companies that have issued omnibus guarantees or sureties to banks, asserting the nullity of clauses non-compliant with antitrust regulations or seeking the release of the guarantor.

3. Trade Finance Instruments for International Business:

  • Documentary Credits and Letters of Credit: Advisory on the correct interpretation and application of international standards (ICC UCP 600 rules) governing documentary credits, commercial letters of credit, and Standby Letters of Credit (SBLC).
  • Export Financing: Assistance with the contractual setup linked to export credit financing and insurance instruments, interfacing with relevant financial institutions.