Allen & Overy (A&O) has advised Nationwide Building Society on the creation of a new type of financial instrument which will help the mutual prepare for future capital needs.

Last Friday (22 November), Nationwide confirmed plans to raise £550m through the issuance of Core Capital Deferred Shares (CCDS), a type of investment product that meets regulatory requirements without compromising the institution's mutual status.

Nationwide turned to A&O's head of building societies and mutuals Richard Slynn, alongside capital markets partner Jonathan Mellor for the mandate.

Both Slynn and Mellor were instructed to advise Nationwide four years ago, during which time the pair said the product had "seen a lot of change and a lot of discussion".

A&O also worked closely with Stewart Moffat at Nationwide group legal and compliance and Adam Schallamach at the mutual's treasury.

Unlike normal company shareholders, investors that hold CCDS will not have proportionate voting rights at Nationwide meetings, but will be subject to the "one member, one vote" requirement of the Building Societies Act.

CCDS will act as a replacement for Permanent Interest Bearing Shares (PIBS), a form of debt the bank has been offering to buy off investors and which no longer qualify as Core Capital.

"There was the initial phase advising Nationwide in getting the society's constitution ready to accommodate the product," commented Mellor. "The second phase involved help with designing the product, before the third aspect, which is bringing it to market."

Speaking on the broader impact of the instrument, Slynn said: "Careful consideration has to be given to each society's constitution before CCDS can be adopted. The BSA has been heavily involved in the project throughout and they were supportive of this development.

"I think we have to wait and see if other mutuals will take up CCDS. Obviously the launch of a new instrument has got to be tested in the market before others make the move."

Nationwide hailed the creation of CCDS as a potential solution to capital requirements across the building society market.

"CCDS are a natural replacement for PIBS and will enable Nationwide, and potentially other building societies, to continue to raise Core Capital without compromising our mutual status or business model," said Nationwide chief executive Graham Beale.

Slynn is also part of an A&O team which was instructed earlier this year to advise the Co-operative Group and the Co-operative Bank on a plan to meet a £1.5bn capital shortfall for the bank.