Mourant

Co-Chair
Dirk Bliesener

Co-Chair
Philippe Dupont

Banking & Financial Law Committee

The Banking and Financial Law Committee provides a worldwide forum for banking lawyers and other legal professionals within the banking community to address all sorts of practical and legal issues arising in commercial and regulatory activities in this context. The Committee has held one of the IBA’s most popular and well established events, the International Financial Law Conference, every year since 1984. Below you will find information, updates, news and other resources relevant to your committee.

Forthcoming conferences and webinars View All Conferences

Publications

Brazil’s legal framework for cryptoassets and upcoming regulation

The Brazilian Virtual Assets Law (BVAL), enacted on 21 December 2022, establishes guidelines for virtual asset services and providers, and became effective on 20 June 2023. It mandates compliance with anti-money laundering (AML) control mechanisms and assigns regulatory authority to the Brazilian Central Bank (Banco Central do Brasil or BCB) for oversight purposes. Public consultations on the regulation of virtual asset services providers (VASPs) are ongoing, with specific focus areas including asset classes, authorisation requirements and operational activities in regard to the foreign exchange market.

Released on Apr 30, 2025

Credit risk transfer in Brazil: bridging the gap in regard to synthetic instruments

This article reviews the alternatives for banks in Brazil to transfer credit risk from their portfolios, including the existing shortcomings and the road ahead to the wider adoption of synthetic transfer structures.

Released on Apr 29, 2025

The simplification of public fundraising in Mexico

This article explains the current Mexican regulatory framework for public fundraising, whether through debt or equity, focusing on the recent modifications made to the Securities Market Law and the implementation of the Law to Regulate Financial Technology Institutions.

Released on Apr 29, 2025

Assignment of rights under the Saudi Civil Transactions Law: legal framework and practical implications

This article explores the assignment of rights under the recently enacted Saudi Civil Transactions Law (CTL), which codifies the essential principles of civil law. It examines the legal definition of assignments, the validity requirements and the conditions under which assignments become enforceable against debtors and third parties. The article also analyses the interaction between the CTL and sector-specific legislation, particularly in the banking and finance sectors, such as securitisation practices. Practical considerations, including debtor notification, contractual restrictions and the treatment of security rights are highlighted, offering valuable insights for practitioners operating within Saudi Arabia’s evolving legal landscape.

Released on Apr 29, 2025

Projects and reports

Good Practice Principles for Cross-Border Closing Opinions

Good Practice Principles for Cross-Border Closing Opinions
(The Legal Opinion Committee of the Business Law Section of the American Bar Association and the IBA Banking & Financial Law Committee)

The Legal Opinion Committee of the Business Law Section of the American Bar Association (ABA) and the Banking & Financial Law Committee of the International Bar Association (IBA) have formed a joint task force on cross-border opinion practice (the ‘Task Force’). The Task Force seeks to: (1) build upon work done under the auspices of the ABA, the IBA, the Union International des Avocats and the City of London Law Society; and (2) to collaborate with a number of other bar groups in various countries to improve the practices of lawyers throughout the world relating to the giving of, and advising recipients of, closing opinions in cross-border transactions. The ABA and the IBA have undertaken these efforts to help the legal profession remain a constructive contributor to global finance and commerce, and hopefully, to aid the flow of capital across borders, particularly to emerging economies. This document seeks to establish foundational principles on closing opinions in cross-border finance transactions.

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Fintech: how is the world shaping the financial innovation industry? (2024)

Fintech: how is the world shaping the financial innovation industry? (2024)

In recent years, financial technology (fintech) has rapidly expanded worldwide, forcing traditional financial institutions to evolve in response to this innovative manner of conducting business in the financial industry. Today, we continue to witness the significant impact of fintech on global markets, as it reshapes the financial landscape. Looking ahead, the evolution of fintech promises to further challenge and transform existing frameworks, requiring continuous adaptation and regulatory foresight.

In 2023, the IBA Banking & Financial Law Committee launched an extensive research project aimed at dissecting and understanding the diverse legal frameworks that govern fintech around the globe. This original study covered 39 countries, providing a comprehensive overview of how different jurisdictions are navigating the complexities of fintech regulation.

Through this new edition, the project has been extended to 61 countries across different regions: Africa, Asia-Pacific, Central America, Europe, Latin America and North America. The project contains analysis of how different countries

regulate fintech companies and looks at the existence of specific legal frameworks applicable to crypto assets. It also assesses how different jurisdictions around the globe regulate payment service providers and digital wallets and features an overview of special programmes supporting fintech ecosystems. Lastly, the report covers how jurisdictions regulate and deal with matters relating to open banking.

The report has been coordinated by Carlos M Melhem, Treasurer of the IBA Banking & Financial Law Committee and a partner at Allende & Brea in Buenos Aires; Matias Langevin, Young Lawyers’ Committee Liaison Officer of the IBA Banking & Financial Law Committee and a partner at HD Legal in Santiago; Lukasz Szgeda, Academic Liaison Officer of the IBA Banking & Financial Law Committee and a partner at Wardynski & Partners in Warsaw; and Rafael Aguilera, Real Estate Section Liaison Officer of the IBA Banking & Financial Law Committee and a partner at Gómez-Acebo & Pombo in Madrid.

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Securitisations - challenges and hurdles for a rebirth of securitisations

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Subcommittees and other groups

The Banking & Financial Law Committee also coordinates the activities of the following subcommittees/working groups.

  • AI Banking and Financial Subcommittee
  • Alternative Finance Subcommittee
  • Banking & Financial Law Committee Advisory Board
  • Banking Regulation Subcommittee
  • Clearing and Settlement of Financial Securities Subcommittee
  • Derivatives Subcommittee
  • Distressed Debt in Banking and Finance Law Subcommittee
  • Finance in Emerging Countries Subcommittee
  • Financial and Banking Law Conferences Subcommittee
  • Financial Innovations Subcommittee
  • Innovations in Financing Transactions Subcommittee
  • International Financial Law Reform Subcommittee
  • Islamic Finance Subcommittee
  • Legal Opinions Subcommittee
  • Project Finance Subcommittee
  • Structured Finance Subcommittee

Join us on LinkedIn

If you are a member of the Banking & Financial Law Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page.

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