As businesses become more successful, the need for an injection of capital increases or they may seek to hedge their risks. As funds expand or existing assets mature, they may look for new investment opportunities. As investors become more sophisticated and seek higher yields and diversified portfolios, they may look for exposure to a diverse range of asset classes, leverage, and bespoke features that meet their desired risk-and-reward profile. Meeting these needs involve a range of financing products. Whatever the final decision, financing transactions are often complex due to the variation of interests, value, an ever-changing regulatory landscape, and a competitive marketplace.
We advise major financial institutions, corporates, lenders, bridging financiers, receivables financiers asset-backed lenders, funds and high-net-worth individuals. We also advise borrowers and those purchasing assets on finance. From drafting facility and security documents, to advising on the proposed purchase of specific debt types and from refinancings to enforcement action, our advice is rigorous but pragmatic.
Our all-senior team of Banking and Finance lawyers have experience across a diverse range of banking and finance transactions. Their careers have seen them hold senior in-house roles at investment banks, private banks and funds, giving them an unparalleled understanding of your concerns and the environment in which you operate.
Where required, the team team work closely with our Corporate and Commercial Property experts in relation to property and acquisition finance. They also collaborate with the Dispute Resolution, Restructuring and Insolvency, and Tax teams in situations that see transactions not following their expected course.
For further information or to discuss a matter please telephone 020 3319 3700 or click here to email us.
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The management of assets can be fraught with complications. We help our clients by drafting and negotiating technical and commercial management agreements to safeguard the process and advise on all related contractual arrangements.
Our strong finance and corporate teams are well adept to working with clients on all aspects of the sale, purchase and financing of private and business assets. We have particular expertise in the aviation and shipping sectors (both in the commercial and private sphere), rail and equipment.
In this fast-paced and expanding industry, we offer a one-stop shop for lenders. We are there at inception and are able to draft a suite of master documents. We are also well placed to advise on the regulatory aspects at this stage. Furthermore, should you look to move from private funding to a ‘platform’, we can also advise on the legalities surrounding this. More fundamentally, we understand the nature of ‘bridging’ and are there to find quick commercial solutions rather than being another cog in the wheel.
Given our experience in acting for lenders, when acting for borrowers we are able to anticipate the lender’s requirements to ensure an expedient route to completion. We aim to be flexible on fees too.
With a wealth of experience working with clients in the asset finance area, we understand the importance of consumer credit to both businesses and financiers. We regularly draft regulated and unregulated arrangements and related security for both.
Regardless of the asset class or legal form, our team of advisers have the required know-how to guide clients efficiently through the complexity of rules and features relating to derivative products. We act for major financial institutions’ including large custody banks, SPVs, funds, asset managers, corporates and counterparties on derivatives, securities lending and associated products, as well as providing transactional support to City law firms. In addition, we are also well positioned to regularly provide clients with advice on structured products, depositary and custody services, and collateral management arrangements.
Finance documentation is often full of legal jargon. We are fully aware of the frustrations felt by our clients in this area and work closely with businesses and financiers on the drafting of all types of contractual arrangements for both new build and existing assets. We are also on hand to deal with any contractual enforcement advice if required.
The drafting of arrangements that relate and often dictate the relationship between different classes of creditors can be complicated. We work in tandem with our clients to ensure that the drafting of inter-creditor and ranking arrangements best suit their needs and take care of all aspects including formation, registration, deed of priorities, subordinated security, ranking enforcement and release.
We draft and negotiate agreements for the hire, leasing and maintenance of all types of assets from cars to computer equipment. Dependent on the needs of the individual client, we sometimes include optional provisions giving a lessee the right to purchase the equipment under a hire purchase arrangement for example.
As a cornerstone for the banking industry, property finance transactions are becoming progressively multifaceted. As a result, our clients require sophisticated, highly tailored techniques in order to respond to growing pressure. Our team combine expertise across the finance, real estate and tax sectors to provide bespoke solutions that address the issues faced by small and large institutions.
Requirements from clients relating to asset and security registration is a constantly changing landscape. To further complicate matters these requirements differ from jurisdiction to jurisdiction. Our team of experts guide their clients through the maze of chargor and chargee registration and related release of security issues that arise with the likes of Companies House, MCS, CAA, and other national and international registration authorities where necessary.
Regulatory requirements from bodies such as the Finance and Leasing Association are intensive. We advise clients on a daily basis on all regulatory matters that they are required to undertake at home or abroad and any pending changes to these that may be underway. We advise on all areas including compliance, disclosure and interpretation.
Revolving credit facilities can provide an ideal hybrid solution between short- and long-term lending, but the increased complexity requires careful management and drafting to ensure that it is fit for purpose. We assist clients with the establishment, renegotiation and restructuring of revolving facilities as well as providing advice on ongoing compliance and management of such facilities.
With a thorough understanding of their finance needs, we advise our clients on all areas in relation to their security documentation from charges to pledges, mortgages to lens and assignments including all issues relation to ranking, registration, priority and discharge.
Having guided our clients through the process of securing loans we are also in a position to help them enforce this security in the event of an insolvency. We regularly advise on issues such as mortgagee in possession, distressed asset sales, voluntary and involuntary insolvencies and administrations.
We understand the frustrations that can be caused to a business and to creditors when they are owed debt and the stresses put on debtors to pay this back. We work flexibly and sensitively with clients to ensure that the process of recovering outstanding monies and the maintenance of routine recovery action is done appropriately and in accordance with the stipulations of regulators when required.
It has never been more important for businesses to conduct themselves and structure their financial products in compliance with the myriad of governmental regulations that affect them. Our diverse client base means that we are well placed to advise on every type of structured bond or financing transaction. We are also able to draw on cross-border and multi-jurisdictional experience where required.
Sally is a Manx Advocate whose practice includes a broad variety of Isle of Man (IoM) corporate and structured finance work with a particular emphasis on UK commercial real estate (CRE). Her client base comprises special opportunity funds and high-net-worth individuals investing in London and the South East, as well as regional assets across a range of asset classes.
Simon specialises in online financial services, e-commerce and IT. His clients include e-money, gift card and payment services providers, online peer-to-peer finance platforms, crowd-investment firms and a cloud-based content delivery network.
Simon is a banking and finance lawyer with around twenty years’ experience in advising lenders and borrowers on traditional lending, structured finance, and real estate finance matters. He has particular expertise in non-traditional financing methods including offshore lending structures.
Laura is a banking and finance lawyer with over a decade’s experience advising financial institutions and corporates on international capital markets, derivatives and structured finance transactions, and related corporate and regulatory considerations.
Philip is a finance and insolvency lawyer with considerable experience dealing with the Asset Based Lending (“ABL”) market.
Geoff is a Manx Advocate with a practice that includes a wide range of Isle of Man corporate and structured finance work. He has particular experience in advising lenders, investors and developers in the UK and European commercial real estate sector, and in recent years has advised upon many high-profile CRE transactions for blue chip clients relating to prime assets (mainly located in London).
Colin is a skilled banking and finance solicitor, who specialises in corporate banking, acquisition and leveraged finance, property and development finance, and security documentation. He is experienced in advising a wide range of clients including both UK and US banks, building societies, institutional investors, and public and private companies.
John is a solicitor qualified to practise in three jurisdictions: England and Wales, Northern Ireland, and the Republic of Ireland. John is also admitted as a Barrister and an Attorney in Bermuda. With particular expertise in corporate, commercial and intellectual property matters, his career has included a number of years spent in private practice as well as in-house. John also has a particular interest in advising clients in the property, energy, retail, hospitality, sport and general contracting industries.
Simon is an experienced banking and finance (particularly asset and project finance) lawyer with significant expertise in the aviation, marine and shipping sectors gained while working in the UK, Europe and Asia.
Ship finance lawyer Anastasia advises shipowners and financial institutions on term loan facilities for the acquisition of newbuilding or second-hand ships, on debt finance restructurings, on revolving credit facilities and lease finance transactions as well as Islamic finance deals. In addition, she advises private equity funds and shipowners on the structuring of joint ventures for the acquisition of ships and related shareholders' issues as well as on the acquisition of distressed shipping assets.
Aman is a restructuring and insolvency lawyer with more than ten years’ experience working on high-profile corporate and personal insolvency cases that include multi-million pound bankruptcies and fraud investigations.
Kelly is a dual-qualified barrister and solicitor with more than 20 years’ experience in commercial litigation and arbitration in City of London firms. His practice has a distinct international focus and includes banking, shareholder disputes, professional negligence, fraud, and money laundering issues.