Banking & Finance

Banking & Corporate Finance is one of the primary practice areas of Al Alawi & Co . Our team provides experienced and competent service for all types of Banking & Corporate Finance transactions for multinational corporations including leading international banks, asset management companies, brokers and merchant bankers.

The lawyers in our Banking & Finance department have wide experience in both the Middle East and working for international law firms and financial institutions abroad and are fully conversant with all aspects of banking and finance law in the region.

At Al Alawi & Co we provide advice in relation to the full spectrum of financial products including syndicated lending and leveraged and acquisition finance, asset finance, derivative products, project finance, financial regulatory, insolvency & restructuring and structured finance. We also advise borrowers from the public and private sector, and many financial services providers and other organisations that have direct and indirect interests in lending arrangements. These organisations include asset managers, developmental finance institutions, private equity funds, insurance underwriters, rating agencies, security trusts and guarantors.

Al Alawi & Co specializes in providing competent, prompt and comprehensive advisory, documentation and drafting services on various banking and corporate finance issues including, but not limited, to:

  • Asset finance: Our cross-border asset finance and leasing practice focuses on the financing of a wide range of big ticket assets in sectors such as transport, TMT, energy, Oil & Gas and utilities. We deliver these services through a variety of complex structures, including off-balance sheet operating leases, leveraged leases, export credit finance and asset backed securitisations. Our skills are applied to optimise the tax benefits of financing structures and to obtain, where possible, a beneficial off-balance sheet or tax treatment ranging across the entire spectrum of transactions in this area.
  • Loans and credit facilities: Structuring cross-border facilities, secured and unsecured, and trade-financing transactions
  • Project finance: Advising lenders, project sponsors and other project participants on the structuring and implementation of infrastructure and mining projects and development ventures financed through project finance, including Public Private Partnerships. This is backed by our strengths in derivatives, commodities, futures, collective investments, unit trusts, capital markets, bank lending, securitisation and corporate finance as well as investment banking and insurance litigation and supported by the market leading information technology, data protection/privacy, public policy and intellectual property practices essential for e-commerce and related business for financial institutions.
  • Islamic Finance: Alongside our broad range of services we have a significant amount of practical experience in liaising directly with some of the world’s leading Shariah scholars operating in the field of Islamic finance, in order to develop viable Shariah compliant structures and solutions.
  • Securitization and structured finance: Advising funds, sponsors, credit enhancers and investors in securitization of a variety of asset classes across multiple jurisdictions.
  • Derivatives and financial products: Negotiating and documenting derivatives-driven structured financings, secured and guaranteed transactions and taxable and tax-exempt products.
  • Commodities Trading : advising on ownership versus loan structures, collateral management structures, and Input finance.
  • Corporate Finance: advising on the financing of mergers and acquisitions, preference share issues, structured and leveraged buy-outs, joint-venture finance and other forms of equity funding.
  • Real Estate Finance: Advising on property loan-stock portfolio financing and security structures and other property finance transactions.
  • Bank Lending: Advising on and drafting loan security agreements and other documents for all forms of bank lending, including secured and unsecured loans, syndicated lending, cross-border lending and private equity lending.
  • Bank Products and Services: Advising on electronic banking products and services, credit products, documentary letters of credit, guarantees, bonds, commercial paper, cheques and other negotiable instruments and bills of exchange.
  • Bank Regulation and Compliance : Advising on all aspects of the Banks Act and related primary and secondary legislation, compliance with the regulatory framework specific to shareholding requirements, branch establishment, operation and capital requirements and merger controls as well as exchange control issues.
  • Debt Restructuring and Workouts : Advising on and drafting documents for all types of debt restructuring and/or financial recovery programmes, including workouts involving banking consortia with and without the use of a security SPV.
  • Financial Litigation: We have extensive experience of disputes concerning asset management, banking, brokerage, capital markets, derivatives, insurance and structured finance. In addition to our expertise in the wholesale markets, we also have substantial experience of disputes in the private banking and private capital sector.
  • Corporate Recovery: We have a leading corporate recovery practice, with experienced specialist lawyers from a multi-disciplined base who provide prompt and reliable advice on all aspects of rescues, reconstructions, receiverships, administration, liquidations and international insolvencies. We also advise directors on issues such as wrongful trading and creditors on matters such as the enforcement of security and strategies for debt recovery.

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