Capital increases and subordinated debt

We support recapitalisation of financial institutions — through shareholder contributions or subordinated debt.

Increase of share capital

- Timing the recapitalisation against regulatory deadlines - Documenting the source of funds contributed by each shareholder - Assessing the effect on the ownership structure and triggering a change-of-control filing where a threshold is crossed - Corporate resolutions, amendments to constitutional documents, registration filings - Coordination with auditors - Support through the regulator's review

Subordinated debt

- Structuring the facility: tenor, pricing, ranking on insolvency - Drafting or revising the agreement so that the proceeds qualify as capital - Removing terms that disqualify the instrument: early repayment without approval, security in favour of the lender, set-off rights - Verification of the lender's source of funds - Support through approval and inclusion of the proceeds in capital - Review of subsequent amendments so that the instrument retains its status

Where we work

Ukraine, the EU, the United Kingdom, Asia.

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