Stephan Smoktunowicz

Expertise Stephan Advises Experience Highlights Career History

Banking & Finance

Partner

+44 (0)7445 110 262

Expertise

Stephan is an English qualified solicitor specialising in banking & finance work.

Over the last 20 years, he has helped businesses and individuals in the UK and around the world to structure, manage and complete finance transactions in a simple, effective and seamless manner.

Stephan’s experience spans across a broad spectrum of finance types. His primary focus is on listening to, understanding and achieving the commercial aims and objectives of his clients. In turn, this facilitates carefully tailored advice which is clear, concise and to the point and which helps his clients to safely navigate complex areas of risk and law.

He is passionate about the importance of professional development and life-long learning and he provides training to businesses, individuals and professional bodies on a wide range of banking & finance and legal technology related topics.

As a mentor, he has also helped in the career development of many young professionals and the growth of several leading legal technology companies.

Stephan advises on a wide range of banking & finance, and related, matters including:

  • Global loans and investment grade lending
  • Leveraged, acquisition, real estate and development finance
  • Sustainable/ESG finance
  • Receivables and supply finance
  • Inventory and equipment finance
  • Borrowing base lending
  • Bridge and project finance
  • Securitisations and bond issues
  • Ancillary lending and letters of credit
  • Security & guarantee packages
  • Intercreditor, subordination and postponement agreements
  • Loan notes and intragroup loans
  • Covenant breach advice
  • Amendments, accessions, consents, waivers and reservation of rights
  • Security registrations and releases
  • Refinancings and restructurings
  • Legal opinions
  • The impact and risks of key legislation on financings (e.g. the National Security & Investment Act 2021)
  • The use of legal technology and associated risk issues
  • Transaction structuring advice
  • Contract and fatal flaw reviews
  • Precedent reviews, overhauls and maintenance
  • Internal guidance and briefing notes for businesses
  • The creation and maintenance of playbooks and knowledge systems
  • General legal advisory work including second opinions and research & analysis on complex areas of law.

Stephan Advises

  • Banks and financial institutions
  • Receivables, inventory and equipment financiers
  • Alternative finance providers
  • Corporate borrowers (including start-ups, SMEs and larger businesses)
  • Corporate lenders
  • Private individuals
  • Guarantee and security providers and beneficiaries
  • Property investors and developers
  • Private equity firms
  • Pension trustees
  • Legal technology companies
  • Directors
  • Shareholders
  • Government bodies and regulators
  • Law firms

Experience Highlights

  • Global loans & investment grade lending: Acted for UK, German and Japanese facility agent and mandated lead arranger banks on syndicated global loans to financial institutions in Europe and in developing market jurisdictions.
  • Leveraged finance: Acted for an Indian corporate borrower on an acquisition finance facility and release of existing cross-border security to facilitate the acquisition of a global lighting business operating across 31 jurisdictions and 5 continents.
  • Private equity: Acted for a leading UK private equity house on the financing of the buy-out of an outdoor clothing business and associated multi-layered intercreditor arrangements.
  • Real estate & development finance: Acted for an overseas property developer in relation to the sale of land and property in south London to facilitate the construction of a new foreign embassy building.
  • Receivables, inventory and asset finance: Acted as in-house counsel for several years on a wide range of syndicated, club and bilateral UK and cross border recourse and limited recourse receivables finance transactions and inventory finance and ABL borrowing base transactions.
  • Equipment finance: Acted as secondee in-house counsel on a wide range of equipment finance transactions including hire purchase, lease finance and asset purchase finance transactions.
  • LIBOR/IBOR phase out: Advised UK real estate provider in relation to its LIBOR phase out strategy and facility amendments process.
  • Guarantee and security packages: Advised various guarantors and guarantee beneficiaries on a wide range of bespoke guarantees and advised overseas security providers and financiers on bespoke security packages, including asset specific security over bank accounts, shares, receivables, contracts, real estate, plant & machinery and IP together with limited recourse security arrangements.
  • Intercreditor arrangements and refinancings: Acted for a wide range of senior, mezzanine and junior creditors in relation to complex intercreditor arrangements, including the protection of capped amount super-priority positions and negotiation of payment, amendment and enforcement rights.
  • General advisory: Worked as a professional support lawyer for over 8 years providing advice and second opinions to banking & finance, restructuring and insolvency, corporate, commercial, pensions, IP, dispute resolution, real estate, construction and project teams on a wide range of finance and non-finance related matters including Brexit impact, COVID finance facilities and the use of electronic signatures and documents.
  • Product development & documentation: Advised financiers in relation to the development of various cross-border finance products and documentation suites.

Career History

Previous Law firms

  • Gowling WLG, London (2015 -2023)
  • Wragge & Co, London (2008-2010)
  • Denton Wilde Sapte, London (2007-2008)
  • Cobbetts, Leeds (2003-2006)

In-House Experience

  • HSBC (UK) Invoice Finance and Equipment Finance Teams – Secondment (2016)
  • Barclays Bank PLC – Legal Counsel in the Sales Finance Team and Trade & Working Capital Teams (2010-2013)

Memberships 

  • Law Society of England & Wales
  • Butterworths Journal of International Banking and Financial Law – Editorial Board Member
  • Independent Society of Musicians – Member (MISM)
  • Lexis PSL Banking & Finance – PSL Advisory Board Member (2017-2023)

Education

  • Royal Northern College of Music, Manchester
  • Trinity College of Music, London
  • The College of Law, York
  • Università degli Studi di Milano-Bicocca, Milan

Publications

  • Legal conundrums: taking security from English limited partnerships (2022) 8 JIBFL 524, Journal of International Banking & Financial Law
  • Where’s my share certificate? Taking security in an electronic world (2021) 9 JIBFL 622,
  • The next facility will now depart from platform 10: time for a protocol? (2020) 10 JIBFL 668, Journal of International Banking & Financial Law
  • Electronic signatures are valid: so what’s the catch on finance transactions? (2020) 1 JIBFL 24, Journal of International Banking & Financial Law

Consultations

  • Lawtech UK Discussion Paper consultation on the adoption of AI technology in legal services (2023) – Participant
  • Law Commission Consultation on Digital Assets (2022) – Participant
  • Law Commission Consultation on Smart Contracts (2021) – Participant
  • Secured Transactions Code Consultation (2020) – Participant
  • UK Jurisdiction Taskforce’s Consultation on Cryptoassets and Smart Contracts (2019) – Participant
  • Secured Transaction Law Reform Project Consultation on Sale of Receivables Discussion Paper (2017) – Participant

Mentoring

  • Barclays Eagle Labs, Legal Tech Hub, London – Member of law firm partners panel (2019-2020)

 Training

  • Written and delivered training for banks, financial institutions, alternative lenders, fintechs, private equity houses, regulators and professional associations on a wide range of finance related topics, including for the Loan Market Association.

Expertise

Back to top

Stephan is an English qualified solicitor specialising in banking & finance work.

Over the last 20 years, he has helped businesses and individuals in the UK and around the world to structure, manage and complete finance transactions in a simple, effective and seamless manner.

Stephan’s experience spans across a broad spectrum of finance types. His primary focus is on listening to, understanding and achieving the commercial aims and objectives of his clients. In turn, this facilitates carefully tailored advice which is clear, concise and to the point and which helps his clients to safely navigate complex areas of risk and law.

He is passionate about the importance of professional development and life-long learning and he provides training to businesses, individuals and professional bodies on a wide range of banking & finance and legal technology related topics.

As a mentor, he has also helped in the career development of many young professionals and the growth of several leading legal technology companies.

Stephan advises on a wide range of banking & finance, and related, matters including:

  • Global loans and investment grade lending
  • Leveraged, acquisition, real estate and development finance
  • Sustainable/ESG finance
  • Receivables and supply finance
  • Inventory and equipment finance
  • Borrowing base lending
  • Bridge and project finance
  • Securitisations and bond issues
  • Ancillary lending and letters of credit
  • Security & guarantee packages
  • Intercreditor, subordination and postponement agreements
  • Loan notes and intragroup loans
  • Covenant breach advice
  • Amendments, accessions, consents, waivers and reservation of rights
  • Security registrations and releases
  • Refinancings and restructurings
  • Legal opinions
  • The impact and risks of key legislation on financings (e.g. the National Security & Investment Act 2021)
  • The use of legal technology and associated risk issues
  • Transaction structuring advice
  • Contract and fatal flaw reviews
  • Precedent reviews, overhauls and maintenance
  • Internal guidance and briefing notes for businesses
  • The creation and maintenance of playbooks and knowledge systems
  • General legal advisory work including second opinions and research & analysis on complex areas of law.

Stephan Advises

Back to top
  • Banks and financial institutions
  • Receivables, inventory and equipment financiers
  • Alternative finance providers
  • Corporate borrowers (including start-ups, SMEs and larger businesses)
  • Corporate lenders
  • Private individuals
  • Guarantee and security providers and beneficiaries
  • Property investors and developers
  • Private equity firms
  • Pension trustees
  • Legal technology companies
  • Directors
  • Shareholders
  • Government bodies and regulators
  • Law firms

Experience Highlights

Back to top
  • Global loans & investment grade lending: Acted for UK, German and Japanese facility agent and mandated lead arranger banks on syndicated global loans to financial institutions in Europe and in developing market jurisdictions.
  • Leveraged finance: Acted for an Indian corporate borrower on an acquisition finance facility and release of existing cross-border security to facilitate the acquisition of a global lighting business operating across 31 jurisdictions and 5 continents.
  • Private equity: Acted for a leading UK private equity house on the financing of the buy-out of an outdoor clothing business and associated multi-layered intercreditor arrangements.
  • Real estate & development finance: Acted for an overseas property developer in relation to the sale of land and property in south London to facilitate the construction of a new foreign embassy building.
  • Receivables, inventory and asset finance: Acted as in-house counsel for several years on a wide range of syndicated, club and bilateral UK and cross border recourse and limited recourse receivables finance transactions and inventory finance and ABL borrowing base transactions.
  • Equipment finance: Acted as secondee in-house counsel on a wide range of equipment finance transactions including hire purchase, lease finance and asset purchase finance transactions.
  • LIBOR/IBOR phase out: Advised UK real estate provider in relation to its LIBOR phase out strategy and facility amendments process.
  • Guarantee and security packages: Advised various guarantors and guarantee beneficiaries on a wide range of bespoke guarantees and advised overseas security providers and financiers on bespoke security packages, including asset specific security over bank accounts, shares, receivables, contracts, real estate, plant & machinery and IP together with limited recourse security arrangements.
  • Intercreditor arrangements and refinancings: Acted for a wide range of senior, mezzanine and junior creditors in relation to complex intercreditor arrangements, including the protection of capped amount super-priority positions and negotiation of payment, amendment and enforcement rights.
  • General advisory: Worked as a professional support lawyer for over 8 years providing advice and second opinions to banking & finance, restructuring and insolvency, corporate, commercial, pensions, IP, dispute resolution, real estate, construction and project teams on a wide range of finance and non-finance related matters including Brexit impact, COVID finance facilities and the use of electronic signatures and documents.
  • Product development & documentation: Advised financiers in relation to the development of various cross-border finance products and documentation suites.

Career History

Back to top

Previous Law firms

  • Gowling WLG, London (2015 -2023)
  • Wragge & Co, London (2008-2010)
  • Denton Wilde Sapte, London (2007-2008)
  • Cobbetts, Leeds (2003-2006)

In-House Experience

  • HSBC (UK) Invoice Finance and Equipment Finance Teams – Secondment (2016)
  • Barclays Bank PLC – Legal Counsel in the Sales Finance Team and Trade & Working Capital Teams (2010-2013)

Memberships 

  • Law Society of England & Wales
  • Butterworths Journal of International Banking and Financial Law – Editorial Board Member
  • Independent Society of Musicians – Member (MISM)
  • Lexis PSL Banking & Finance – PSL Advisory Board Member (2017-2023)

Education

  • Royal Northern College of Music, Manchester
  • Trinity College of Music, London
  • The College of Law, York
  • Università degli Studi di Milano-Bicocca, Milan

Publications

  • Legal conundrums: taking security from English limited partnerships (2022) 8 JIBFL 524, Journal of International Banking & Financial Law
  • Where’s my share certificate? Taking security in an electronic world (2021) 9 JIBFL 622,
  • The next facility will now depart from platform 10: time for a protocol? (2020) 10 JIBFL 668, Journal of International Banking & Financial Law
  • Electronic signatures are valid: so what’s the catch on finance transactions? (2020) 1 JIBFL 24, Journal of International Banking & Financial Law

Consultations

  • Lawtech UK Discussion Paper consultation on the adoption of AI technology in legal services (2023) – Participant
  • Law Commission Consultation on Digital Assets (2022) – Participant
  • Law Commission Consultation on Smart Contracts (2021) – Participant
  • Secured Transactions Code Consultation (2020) – Participant
  • UK Jurisdiction Taskforce’s Consultation on Cryptoassets and Smart Contracts (2019) – Participant
  • Secured Transaction Law Reform Project Consultation on Sale of Receivables Discussion Paper (2017) – Participant

Mentoring

  • Barclays Eagle Labs, Legal Tech Hub, London – Member of law firm partners panel (2019-2020)

 Training

  • Written and delivered training for banks, financial institutions, alternative lenders, fintechs, private equity houses, regulators and professional associations on a wide range of finance related topics, including for the Loan Market Association.

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