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Portugal

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Banking and capital markets

Banking

Capital markets

Portugal has had to deal with well-publicised problems in the last few years. Alongside Greece and Ireland it has been beaten down by economic woes, rating agency downgrades and weak forecasts, all of which have led to a situation where banks are not lending and the capital markets lie dormant.

"The market has declined sharply, affected by the financial crisis. The transactions have been declining sharply. In terms of capital markets and banking transactions it has been decreasing," says one partner.

In terms of new lending, liquidity comes at a premium and a number of Portuguese banks have only been extending their capital to the best projects. "Lending is very very difficult now, banks have a huge problem with money, they have no money to lend to the economy," says one partner and another agrees: "They [the banks] try to avoid entering into new credit transactions, they will only do this if the risk is very good."

Although practitioners have been kept active in terms of giving more general advice transactions are few and far between. "Banking again, you have day to day advice on banking issues, you don't find a lot of transactions," says one partner. Capital raisings have led to a few mandates as banks try to comply with Basel III. "There are a few in the sense that the banks want to comply with the ratios and therefore they need to improve their balance sheet," says one partner.

In addition, Portuguese banks are also expected to comply with the Memorandum of Understanding on Specific Economic Policy Condition (MoU), a set of rules issued on May 17 2011 by the Portuguese State, in conjunction with the European Commission, the European Central Bank (ECB) and the International Monetary Fund (IMF). Essentially the agreement is a pre-condition for Portugal to receive the rescue package from the other eurozone member states.

The MoU requires Portuguese banks to increase their core Tier I capital ratio up to 10% by 2012. "The Memorandum has higher capital requirements than those results from the Basel III framework," says one banking partner. "Basel III only imposes certain requirements by 2019, and Portuguese banks are being required to have 10% core Tier I by 2012, so this is the big difference."

The need for banks to consolidate their reserve capital has also led to a dearth of activity in the capital markets. "There is a difficulty of having access to funding and really companies see that this is not the good time to go to market," explains one partner.

Equity is the area hardest hit, with IPOs being absent since the notable listing of Cimpor last year. "The market has been mostly stopped, no IPOs, no public offers, there was one takeover last year on Cimpor," says one capital markets partner. "Basically what we have seen is that banks are very worried about liquidity, that is the main issue, the Portuguese banks have had a difficult time in financing in the capital markets," says another practitioner.

The debt and securitisation markets have not fared much better, although some work has been seen in regard to bond issuance mainly, once again, due to the lack of other available sources of capital. "Local companies have been issuing bonds to place them with private investors through private placements in order to overcome the difficulties of financing them with the local banks," says one partner.

Work related to asset-backed securities (ABS) has still been seen, though not at the levels seen in the last few years. "ABS is still available, and we see transactions coming out and banks are issuing some ABS, but ABS is no longer eligible for ECB." explains one partner. However, it is still possible for Portugal to issue single A-rated covered bonds to access ECB funding, which will lead to some mandates.

One intriguing new development has been the entry of Angolan institutions into the market. While sporadic activity from investors and corporates had been seen in the past, but financing has until now not been an area of activity. "Banks from Angola are growing in Portugal, and also their share in Portugal," says one partner. "You do not have new European or US banks. One of the new trends has seen banks from Angola have more activity."

Abreu Advogados

The banking team at Abreu has a solid reputation in the market and has a good string of mandates from both the bank and company sides.

In an example of the former, the team acted for Banco Espirito Santo Angola on the structuring of a number of mortgage backed loans.... [more]

Albuquerque & Associados

The market suggests that Albuquerque & Associados' banking practice has not been very present in the market, due to "the departure of a number of partners over the last couple of years".The firm was involved in a number of banking mandates.... [more]

Barrocas

Barrocas Advogados has managed to act on a number of notable banking mandates last year despite the departure of banking partner Jorge Santiago Neves as well as Albano Sarmento.One highlight saw Alexandre Mendes and João Nuno Barrocas advise Nasdaq on securing all the regulatory approvals in relation to the change of control of Euronext Lisbon and Interbolsa in Portugal.... [more]

Campos Ferreira Sá Carneiro & Associados

Campos Ferreira Sá Carneiro & Associados enters the capital markets ranking table in Portugal for the first time due to strong recommendations from the market after the firm's founding by former PLMJ and Uría Menéndez partners.... [more]

Leading lawyers
Maria Castelos
Fernando Campos Ferreira
Duarte Brito Goes

Cardigos

Cardigos has maintained its capital markets ranking this year by advising on a number of notable transactions. Goldman Sachs called in the team led by Pedro Cardigos and Inês Festas to advise on financing transactions guaranteed by entrepreneurial public entities.... [more]

Cuatrecasas Gonçalves Pereira

Cuatrecasas Gonçalves Pereira lost a team of six finance lawyers to Sérvulo & Associados in June 2010 and the market is waiting to see what impact this will have. "They've lost a team of six lawyers from their banking and capital markets team, so I mean again it'll have a little bit of the same effect as it had on PLMJ and Uría Menéndez," says one partner.... [more]

Leading lawyers
Maria João Ricou

Garrigues

Though the market recognises Garrigues' strength in equity capital markets work. Peers suggest that the firm needs to improve its debt side practice in order to balance the capital markets offering.... [more]

Leading lawyers
Diogo Leónidas Rocha

Linklaters

Both peers and clients admit that Linklaters is an excellent capital markets law firm in Portugal and is fully deserving of its place in tier one. The firm has a balance of strength in both equity and debt and can draw upon expertise from across its network.... [more]

Leading lawyers
António Soares

Macedo Vitorino & Associados

In banking, William Smithson and Gonçalo dos Reis Martins advised Hewlett Packard (HP) on the establishment of a programme for the sale to Wells Fargo amounting to €785 million. The transaction involved receivables originated in Portugal, Spain and France.... [more]

Morais Leitão Galvão Teles Soares da Silva & Associados

Morais Leitão's capital markets practice is traditionally very strong and is unrivalled in terms of Portuguese domestics. This status is backed by a number of clients and peers.... [more]

Leading lawyers
Luís Branco
Carlos Osório de Castro
João Soares da Silva

PLMJ

Peers agree that PLMJ is still an established and a reputable firm in the Portuguese capital markets, however the departure of Maria Castelos in 2009 has affected the team's capacity and reputation and as a result the team slips down a tier this year. "They were affected by Castelos who left to Campos Ferreira Sá Carneiro & Associados," says one peer.... [more]

Leading lawyers
Jorge de Brito Pereira

Rui Pena Arnaut

The largest capital markets mandate at Rui Pena Arnaut & Associados last year was when Francisco Xavier de Almeida, Vasco Rodrigues and Rita Simões led the team advising Barclays Capital and CaixaBi as arrangers on the establishment of an EMTN programme for REN, worth €5 billion.Elsewhere De Almeida, Rodrigues and Simões advised CaixaBi and Citi acting as arrangers on the establishment of a €1.... [more]

Other notable - Teixeira de Freitas Rodrigues e Associados

A key partner at Teixeira de Freitas Rodrigues e Associados, who advised a number of banking mandates last year, was Mafalda Barreto. One highlight saw him led the team advised Deutsche Bank, New York who acted as administrative agent on the amendment and restatement of a credit agreement in the aggregate amount of $600 million.... [more]

Uría Menéndez - Proença de Carvalho

"What makes Uría stand out is their efficiency," one client claims. "The firm's ability compared to other law firms is in line or above.... [more]

Leading lawyers
Carlos Costa Andrade
Pedro Ferreira Malaquias

Vieira de Almeida & Associados

As one of Portugal's most well established firms, it is unsurprising that Viera de Almeida maintains its position this year. With the market suggesting that the firm's true strength remains in banking.... [more]

Leading lawyers
Pedro Cassiano Santos

See also

Portugal
Western Europe

Practice areas

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