what does a debt capital markets lawyer do

by Dr. Timothy Friesen PhD 4 min read

Lawyers are key players in the transactional processes which permeate the world of capital markets. They advise debt and equity issuers and the investment banks which structures and sells the financial instruments.

Full Answer

What does a capital markets lawyer do?

Debt Capital Markets (DCM) groups are responsible for providing advice directly to corporate issuers on the raising of debt for acquisitions, refinancing of existing debt, or restructuring of existing debt. These teams operate in a rapidly moving environment and work closely with an advisory partner

What is a debt capital market?

 · As a junior-level banker in this group, you’re responsible for three main tasks: Pitching clients and potential clients on debt issuances and answering their questions. Executing debt issuances for clients. Responding to requests from other groups, updating market slides, and creating case studies of recent deals.

What do lawyers do in the finance industry?

Jennifer Ezring, partner: Capital markets, or securities, lawyers work on transactions where a company uses equity securities (stock, or other ownership shares of the business) or debt securities (representing an initial borrowing of money, with a specific amount to be repaid over time) to meet its financing needs. A capital markets attorney works either with a company (the …

How does the capital market work?

‘Capital markets’ is the term used for financial markets where debt or equity securities are traded. Capital markets lawyers work primarily with transactions involving the issue of debt or equity securities either to the public or to a group of investors. Capital markets practice is closely connected to derivatives and financial regulation.

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What do you do in debt capital markets?

Debt Capital Markets (DCM) groups are responsible for providing advice directly to corporate issuers on the raising of debt for acquisitions. With a stock sale, the buyer is assuming ownership of both assets and liabilities – including potential liabilities from past actions of the business.

What are capital markets law?

Securities/Capital Markets Law is the practice area of lawyers who represent entities that issue securities to raise capital, security holders seeking to sell their securities, or banks and investment banks that underwrite and sell such securities.

What does a capital market paralegal do?

The Paralegal will provide critical assistance and support in many facets of the company's broad range of legal needs, including contracts, transactional documents, and administrative support.

What does capital markets associate do?

The Associate, Capital Markets ("CMA") position is a hybrid role whereby you oversee both business development and technical financial analysis of real estate investment opportunities.

What does a capital market analyst do?

Capital market analysts collect, interpret and communicate data for the development of market reports and strategic recommendations on particular securities for their organizations. They also create financial models that communicate market trends and factors that can affect a company's investments in capital markets.

What is the difference between capital markets and investment banking?

At its most basic level, the difference between capital markets and "investment banking (coverage)" is this: Capital markets is focused on PRODUCT knowledge. Investment banking is focused on INDUSTRY knowledge.

What is private equity law?

Private equity law involves negotiating, structuring, and documenting a variety of transactions including fund formations, venture capital investments, control acquisitions of public and private companies, and dispositions of previously acquired companies or investments.

What is a security business law?

Securities law (or Capital Markets law) is the group of laws and regulations that govern the issuance of securities. A security is a financial instrument usually designed to raise money for a business from investors in the business.

Why are stocks and bonds part of the capital market and the secondary market?

Capital markets are composed of primary and secondary markets. The most common capital markets are the stock market and the bond market. Capital markets seek to improve transactional efficiencies. These markets bring suppliers together with those seeking capital and provide a place where they can exchange securities.

What are the examples of capital market?

Examples of Capital Markets Examples of highly organized capital markets are the New York Stock Exchange, American Stock Exchange, London Stock Exchange, and NASDAQ. Securities can also be traded "over the counter," rather than on an organized exchange.

What is capital market simple words?

Capital market is a place where buyers and sellers indulge in trade (buying/selling) of financial securities like bonds, stocks, etc. The trading is undertaken by participants such as individuals and institutions. Capital market trades mostly in long-term securities.

What is debt capital market?

Definition: A Debt Capital Market (DCM) is a market in which companies and governments raise funds through the trade of debt securities, including corporate bonds, government bonds, Credit Default Swaps etc. Therefore, in the DCM Team, you advise companies, sovereigns, agencies, ...

Who is Luis Miguel Ochoa?

Luis Miguel Ochoa has facilitated a variety of strategic initiatives from corporate acquisitions to new market development. He earned his B.A. in economics from Stanford University where he was a member of the varsity fencing team.

What is a capital markets associate?

JE: Capital markets associates act as the 'hub' of the transaction wheel, coordinating with attorneys in many other areas relevant to the transaction, including corporate attorneys who are focused on the issuer’s overall practice and regulation, and verifying that the financing transaction will work within the framework of the company’s other commitments and its organizational structure. A capital markets associate will confer with bankruptcy attorneys where there are questions of enforcement or protection in a 'worst-case' scenario; tax attorneys, who are involved in structuring the issuance on a cost-efficient basis; real estate and environmental attorneys where real property will be taken as collateral; and litigators, who evaluate various risks existing at an issuer or potentially created by a financing.

What is capital markets?

Jennifer Ezring, partner: Capital markets, or securities, lawyers work on transactions where a company uses equity securities (stock, or other ownership shares of the business) or debt securities (representing an initial borrowing of money, with a specific amount to be repaid over time) to meet its financing needs. A capital markets attorney works either with a company (the “issuer” of a security) or with an investment bank (the “underwriter” of the offering), but the goal on both sides of these collaborative transactions will be to ensure the issuer and the underwriters are in compliance with the securities regulations governing the capital markets, and to provide the company with adequate financing by structuring a security on terms that are palatable to investors.

Why is creativity important in law?

Creativity is essential because each new transaction holds a puzzle that needs to be solved in a way that is mutually beneficial for all parties involved. Being able to work as part of a team is critical, because on each transaction you will find individuals with varied skill sets working together to create a product that meets a common goal – unlike some other areas of law, all parties need to embrace the result, even those technically “adverse” to each other.

What is Cahill associate?

This means that as an associate, you’ll have the opportunity to work with a very diverse set of clients, and you won’t be limited to one industry, or one geography, or one particular type of transaction. Because of the generalist philosophy and Cahill’s strong market share, Cahill is often the go-to firm for many clients, and they rely on Cahill’s advice in multiple practice areas – in particular, capital markets and leveraged lending. Many deals involve both a capital markets and a secured loan component, or may switch from one to the other – because Cahill associates are generalists, they can advise clients on all aspects of a transaction.

What is capital market?

‘Capital markets’ is the term used for financial markets where debt or equity securities are traded. Capital markets lawyers work primarily with transactions involving the issue of debt or equity securities either to the public or to a group of investors. Capital markets practice is closely connected to derivatives and financial regulation. Capital markets lawyers conduct due diligence review on the issuer of the securities, draft the prospectus and other disclosure documents describing the issuer and its securities to the potential investors, negotiate agreements between the issuer and its advisers and navigate the transaction through regulatory hurdles. London’s pivotal position in the global debt and equity markets makes this a significant element of the City’s legal activity.

What is the admission document for a capital market?

One of the main documents in a capital markets transaction is the admission document (for an AIM IPO) or prospectus (if the listing is on the main market). “The admission document or prospectus gives the reader a clear picture of the company and what it does, so a lot of diligence and research goes into preparing that document and it requires a high level of commercial understanding,” he continues. “This is partly why capital markets lawyers often develop a particular sector focus as their careers develop. For example, the more you learn and understand about the life sciences industry, the better you become at recognising what needs to go into these key documents to ensure they are completely accurate and provide the reader with all the information necessary to enable investors to make an informed assessment of the company and its business.”

What is IPO work?

The work can be split into three main types: initial public offerings (IPOs), secondary fundraisings and day-to-day corporate advisory work. An IPO, where a company floats on the stock market, often involves a major reorganisation as the business goes from being a private limited company to a plc.

When did the FCA publish the consultation paper?

Keep up with the latest developments in Capital markets with news and analysis from specialist lawyers, powered by Lexology. On 20 July 2021, the FCA published a Consultation Paper (CP21/23) on amending the UK PRIIPs Regulation. The FCA has long held concerns about the….

What do attorneys do in capital markets?

Attorneys advise companies ('issuers') and investment banks ('underwriters') on these complex capital markets transactions. Issuer and underwriter will both engage a separate law firm. The issuer's attorneys will sometimes help their client analyze which type of security to issue. This decision depends on the nature of the company, the desired duration of the loan, who the buyers are likely to be, and market demand. If an issuer is new to the market, they may begin by seeking their lawyers' advice on the processes involved, before approaching an underwriter.

Why are capital markets important?

Capital markets allow for companies to obtain massive sums with more flexibility; they also offer up limitless investment opportunities.

What is capital market?

Essentially, the world's capital markets are trading floors (either real or virtual) on which cash-hungry businesses obtain funding by selling a share of their business (equity) or receiving a loan (debt) from lenders. These 'markets' are used by companies with unique financing needs which traditional bank loans cannot satisfy.

Why are market conditions important?

Market conditions are very important to the success of capital market deals – more important even than the willingness of the parties to get the deal done. “The one negative in this area of practice is that the markets are always unpredictable,” says Whelan.

What is an IPO?

An IPO is a transformational event for a company. “The IPO is the ‘ne plus ultra’ of capital markets work,” says Josh Bonnie, co-managing partner of the DC office at Simpson Thacher. “The decision of whether or not to become a public company is incredibly commercial and requires a great deal of strategy.

Who conducts due diligence?

Due diligence is conducted by both underwriter's and issuer's counsel , but is most important to the underwriter. A due diligence investigation may help in establishing a 'due diligence defense' in any future investor lawsuits claiming a violation of securities laws.

What is due diligence defense?

A due diligence investigation may help in establishing a 'due diligence defense' in any future investor lawsuits claiming a violation of securities laws. A debt offering can be registered with the SEC or unregistered under Rule 144A of the 1933 Securities Act.

What is the role of a lawyer?

The Role of Lawyers includes –. Advising on legal and regulatory matters. Drafting documents.

What is capital market?

Capital market is a market where buyers and sellers engage in the trade of financial securities like bonds, stocks, etc. The buying/selling is undertaken by participants such as individuals and institutions. Capital markets help channelize surplus funds from savers to institutions which then invest them into productive use.

What is secondary market?

Secondary market deals with the exchange of existing or previously-issued securities. Another important division in the capital market is based on the nature of security traded, i.e. stock market and bond market.

What are capital market transactions?

The capital market transactions are made while trading in the capital market securities. Stocks and bonds are the two types of securities where the capital market investments are done. Capital market transactions are monitored by the financial regulatory bodies. A typical capital market includes the trading of securities.

How many times can you sell a security?

On the primary market, each security can be sold only once and the process to create batches of new shares or bonds is often lengthy due to regulatory requirements. On the secondary markets, there is no limit on the number of times a security can be traded and the process is usually very quick.

What is an IPO in equity?

In equity capital markets, an IPO is transformative for a company. It requires hours of lawyers’ time to ensure the company is ready to list on an exchange and take the company’s board through every step in the process.

What did governments do in the 20th century?

In the 20th and early 21st century, many governments would use investment banks to organize the sale of their bonds. The leading bank would underwrite the bonds and would often head up a syndicate of brokers, some of whom might be based in other investment banks. The syndicate would then sell to various investors.

What Does Debt Capital Market (DCM) Mean?

A debt capital market (DCM), also known as a fixed income market, is a market for trading debt securities such as bonds and loans. Like equity markets, debt capital markets are used by businesses and governments to raise long-term funds that could go towards growth or maintenance.

Divestopedia Explains Debt Capital Market (DCM)

The debt capital market is an important component of the international financial market. Although it is applicable to all markets where debt is traded, it can be broadly divided into primary and secondary markets.

What is capital market?

The capital markets consist of two types of markets: primary. Initial Public Offering (IPO) An Initial Public Offering (IPO) is the first sale of stocks issued by a company to the public.

What are the roles of public accounting firms?

These roles include financial reporting, auditing financial statements, taxes, consulting on accounting systems, M&A advisory, and capital raising.

What are the key players in the primary market?

In the primary market, there are four key players: corporations. Corporation A corporation is a legal entity created by individuals, stockholders, or shareholders, with the purpose of operating for profit.

What is corp dev?

Careers at corporations that relate to the markets include corporate development#N#Corporate Development Corporate development is the group at a corporation responsible for strategic decisions to grow and restructure its business, establish strategic partnerships, engage in mergers & acquisitions (M&A), and/or achieve organizational excellence. Corp Dev also pursues opportunities that leverage the value of the company’s business platform.# N#, investor relations#N#Jobs Browse job descriptions: requirements and skills for job postings in investment banking, equity research, treasury, FP&A, corporate finance, accounting and other areas of finance. These job descriptions have been compiled by taking the most common lists of skills, requirement, education, experience and other#N#, and financial planning and analysis ( FP&A#N#FP&A Financial Planning and Analysis (FP&A) is an important function at a corporation. FP&A professionals support executive decision making for#N#).

What is corporate development?

Corporate Development Corporate development is the group at a corporation responsible for strategic decisions to grow and restructure its business, establish strategic partnerships, engage in mergers & acquisitions (M&A), and/or achieve organizational excellence.

What is an institution in finance?

Institutions consist of fund managers, institutional investors, and retail investors. These investment managers provide capital to corporations that need the money to grow and operate their businesses. In return for their capital, corporations issue debt or equity to the institutions in the forms of bond and shares, respectively. The exchange of capital and debt or equity completes the cycle of the two key players in the capital markets.

What is secondary market?

The secondary market allows players to enter and exit securities easily, making the market liquid.

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