• Banking and Financial Services

    Bensons Clark has a team of highly qualified lawyers who advise public and private entities both in the public and private sectors, as well as in the financial or real sector of Colombia’s economy and abroad on financial transactions, regulatory and financing matters such as:

     

    • Advising on corporate financings, for the acquisition of companies or assets (acquisition finance).
    • Advising on credit transactions such as loans, project finance, asset finance and leasing.
    • Advising on the structuring of guarantees.
    • Design and structuring of multiple capital market transactions, including bond issues, financial products, syndicated loans.
    • Advising on the formation of collective investment funds and private equity funds.
    • Advising domestic and foreign lenders and borrowers in the structuring, documentation and negotiation of conventional asset-based lending transactions and financial and operating lease transactions.
    • Financial Due Diligence.
    • Representation before the Financial Superintendency, administrative authorities and arbitration courts.
    • Advice in the structuring, documentation, negotiation and perfection of guarantees on all types of assets and derivative transactions and in the mobilization and securitization of assets.

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    Success Stories

    We successfully represented a private client against Leasing Davivienda, who breached the contract and refused to pay the value of the leased vehicle. Our client made a payment agreement when his vehicle (a dump truck) was in the bank's yard. Upon requesting the transfer of the movable property, the financial institution informed him that it had been stolen and that he had to assume the loss. In a decision of the Superintendence of Finance, which was later confirmed by the court, the bank was ordered to return the value of the vehicle to the client.

    We represented a private client against Bancolombia for the impersonation and theft of 240 million pesos from his bank account. Our firm demonstrated before the Financial Superintendence of Colombia that the movement through which the resources were stolen did not correspond to the transactional profile of the client, reason for which the bank was condemned to pay our client the stolen amount plus damages.

    We represented a private client before Davivienda, for the impersonation of which she was victim in order to obtain a loan of 200 million pesos in her name with such bank. The firm was able to demonstrate that the way in which the credit was requested did not correspond to the transactional profile of the client, therefore Davivienda was condemned to remove her from the entity's system as a debtor of the credit and to lift the reports in the credit bureaus.

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