Overview

BIT LAW advises lenders, borrowers, investors, corporate groups and financial institutions on a broad range of banking and finance matters in Serbia, Montenegro and Bosnia and Herzegovina, and across the wider region.

Our Banking and Finance practice covers corporate lending, acquisition finance, project finance, refinancing, debt restructuring, security packages, guarantees, enforcement-related issues, distressed assets and loan portfolio transactions. We support clients in structuring, negotiating and implementing financing arrangements that are legally robust, commercially workable and aligned with local law requirements.

We regularly advise on finance documents governed by Serbian law, as well as on Serbian law aspects of international and English-law based financing structures. Our work includes reviewing and negotiating facility agreements, security documents, guarantees, subordination arrangements and related finance documentation, with particular focus on enforceability, perfection of security and local implementation.

We also assist clients in financial restructuring and refinancing processes, including negotiations with creditors, standstill arrangements, debt rescheduling, debt-to-equity swaps and other measures aimed at stabilising the financial position of companies and avoiding disputes where possible.

In addition, we advise financial institutions and corporate clients on governance, collateral management, regulatory compliance and risk-related internal procedures, as well as on legal opinions concerning the validity, enforceability and practical implementation of finance and security arrangements under local law.

Services

Lending and finance transactions

corporate finance, acquisition finance and project finance;
bilateral and syndicated loan facilities;
review, drafting and negotiation of facility agreements and related finance documents;
Serbian law support in relation to LMA-based and English-law governed finance documentation;
refinancing arrangements and amendments to existing finance documents;
intra-group financing and shareholder loan arrangements;
subordination agreements and intercreditor arrangements;
closing support and coordination of conditions precedent and post-closing steps.

Security and guarantees

structuring and implementation of local security packages;
mortgages over real estate;
pledges over shares, movable assets, receivables, bank accounts and other assets;
corporate guarantees, suretyship arrangements and other credit support instruments;
registration and perfection of security before competent registries;
advice on enforceability of security instruments and enforcement procedures;
review of collateral management procedures and security maintenance requirements.

Debt restructuring and refinancing

restructuring and refinancing of financial indebtedness;
negotiations with banks, creditors and other stakeholders;
standstill arrangements, payment rescheduling and settlement agreements;
debt-to-equity swaps and other balance sheet restructuring measures;
advice on remedying negative equity situations;
restructuring of intra-group loans and shareholder financing;
support in pre-insolvency and insolvency-sensitive financing situations.

Distressed assets and loan portfolios

advice on acquisition and disposal of distressed assets;
legal support in loan portfolio transactions;
due diligence of secured and unsecured claims;
review of security, guarantees and enforcement position;
transaction structuring and implementation support;
coordination with financial, tax and other advisers in distressed transactions.

Banking governance, regulatory and compliance support

legal support to financial institutions on corporate governance matters;
advice on the functioning of boards, committees and internal decision-making structures;
drafting and reviewing internal procedures related to collateral management, risk control and regulatory compliance;
support in implementing internal governance and approval procedures;
advice on local regulatory aspects of financing and security arrangements.

Legal opinions

legal opinions on capacity, authority, validity and enforceability of finance documents;
opinions on security instruments, guarantees and collateral arrangements;
advice on the local law treatment of contractual provisions commonly used in international finance transactions;
analysis of how finance and security arrangements may be interpreted and enforced by local courts and competent authorities;
support to international lenders, borrowers and counsel in cross-border financing transactions.

Sectors

Our Banking and Finance work covers a wide range of sectors, including real estate and construction, energy, infrastructure, manufacturing, technology, telecommunications, healthcare, retail and consumer goods, financial services and other regulated industries.

We regularly support banks, international financial institutions, corporate borrowers, investors, sponsors and corporate groups in financing transactions, restructuring matters and cross-border projects involving Serbia, Montenegro and Bosnia and Herzegovina.

Selected matters

A representative slice of recent matters, anonymised. We don't publish client names; references are available privately on request.

advising lenders and borrowers on corporate financing transactions, including negotiation and implementation of facility agreements, security documents, guarantees and related closing documentation;

advising on Serbian law aspects of syndicated lending transactions, including review of LMA-based finance documents, local security packages and enforceability of finance arrangements;

supporting clients in acquisition finance and project finance structures, including transaction structuring, security implementation, conditions precedent and post-closing steps;

advising corporate groups on intra-group financing arrangements, shareholder loans, capital increases, capital reductions and debt-to-equity swaps;

assisting clients in restructuring and refinancing financial indebtedness, including negotiations with creditors, standstill arrangements, debt rescheduling and settlement documentation;

advising on the acquisition and disposal of distressed assets and loan portfolios, including due diligence of claims, security packages and enforcement position;

preparing legal opinions for international lenders, financial institutions and foreign counsel on the validity, capacity, authority and enforceability of finance documents and security instruments under local law;

advising commercial banks on corporate governance, collateral management procedures, regulatory compliance and internal decision-making processes;

supporting clients in remedying negative equity situations through legally available corporate and financing measures;

advising on enforcement-related aspects of mortgages, pledges, guarantees and other collateral arrangements.

Have a matter in banking and finance?

Senior lawyers respond personally to every inbound enquiry. We will tell you quickly whether we can help and how we would approach it — including a realistic view of timing and cost.

Get in touch office@bit-law.com