Banking and finance law
A practice for financial institutions and for businesses that raise finance: credit and security documentation, regulatory compliance with the National Bank of Ukraine, fintech and currency regulation. Positioned on the side of lenders and of the financial sector.
Why businesses choose this PROCTOR practice
Financial decisions set the pace at which a business develops, its attractiveness to investors and its resilience to crises.
That is why the PROCTOR team handles financial projects not as separate banking operations, but as part of the overall business strategy of the client.
We assess financing through the prism of corporate governance, tax consequences, asset protection, international transactions, sanctions risk and the long-term development goals of the company.
This approach allows our clients to take financial decisions with a full understanding of their legal consequences, minimising risk and securing steady growth of the business.
Licensing of banks and financial institutions
Full support in obtaining banking licences and licences for non-bank financial institutions (credit unions, finance companies, insurers, pawnshops). This includes preparing the package of documents and clearing the ownership structure and the business reputation of managers with the National Bank of Ukraine.
Restructuring of non-performing loans (NPL)
Negotiation and legal documentation of loan restructurings: rescheduling, conversion of debt, partial write-off, standstill agreements. We represent both borrowers and lenders, including on the purchase and sale of NPL portfolios.
Lines of work
The services this practice runs.
- Bank financing and securityWe prepare and negotiate credit documentation, from bilateral loans to syndicated facilities on LMA standards, together with the financial covenants and events of default. We structure project and trade finance, including letters of credit, guarantees and work with the EBRD and IFC. We put in place pledges, mortgages and suretyships, with registration of the encumbrances and support in enforcing the security.
- Payment systems and fintechLegal support for payment institutions, issuers of electronic money and fintech start-ups under the Law on Payment Services. This covers authorisation with the National Bank of Ukraine, drafting the contractual framework with users and partners, and structuring products (BNPL, e-wallet, acquiring).
- Regulatory compliance, AML and currency controlWe keep activity in line with the requirements of the National Bank of Ukraine and the National Securities and Stock Market Commission: prudential ratios, reporting, disclosure of the ownership structure, support during inspections and challenges to enforcement measures. We build financial monitoring and AML systems with internal rules and a risk-based approach. We advise on the wartime currency restrictions, the repatriation of dividends and individual licences of the National Bank of Ukraine.
How we run a finance project
From the first conversation about the structure of the financing to signing and the support of the loan afterwards.
01
Reading the financing task
We establish what funds the business needs, against which asset and on what timeline. You receive a list of the legal questions to close before talks with the bank.
02
Review of structure and assets
We look at the corporate structure, title to the assets, existing encumbrances and restrictions under agreements already signed. The result is a map of the risks a lender will see.
03
Deal model and regulatory requirements
We choose the construct of the financing and the security and check it against the requirements of the National Bank of Ukraine, the currency restrictions and the financial monitoring rules.
04
Documents and negotiation
We draft the loan agreement and the pledge, mortgage and suretyship documents, negotiate the covenants and the events of default with the bank and fix the agreed wording.
05
Signing and registration
We support the signing, register the encumbrances in the state registers and hand over the full set of documents with an explanation of the obligations they place on you.
06
Support after closing
We track compliance with the covenants and the reporting to the bank, and prepare amendments to the documents on refinancing, restructuring or enforcement of the security.
Formats of work on financing
The format follows the task: a single transaction, a whole financing programme, or continuous work with the regulator.
Legal opinion on a transaction
A review of one agreement or security structure with a written opinion: where the risk for the owner sits and what to change in the bank's wording before signing.
Support of a single transaction
The whole of one financing: structure, documents, negotiation with the lender, signing, registration of the encumbrances and satisfaction of the conditions precedent.
Standing finance counsel
A team assigned to the company: the loan portfolio, the security, National Bank compliance and currency questions are run continuously, with our lawyers in the talks and the inspections.
The industries we do it in
The sectors of business this practice works in from the first day.
