Banking & Finance
Today’s banking and finance transactions require expertise across a broad spectrum of finance. Our banking & finance team provides specialist legal advice for both lenders and borrowers across a spectrum of bilateral and syndicated financings. We are also legal experts with an in-depth knowledge in Islamic finance.
Achour Law Firm advises clients on all types of banking & finance transactions and we provide an integrated service and capability to our clients.
We advise on all types of business finance, from conventional bank lending secured over company assets, to more contemporary models. Our expertise and range of experience in this area allows us to focus our advice directly on areas most commercially relevant to you, and to deal with other aspects of the process on your behalf leaving you to concentrate on your business.
Our tailored approach coupled with our experience means we are aware of:
- The differing needs of lenders and borrowers.
- The considerations which apply depending on the size of the investment or loan; and
- the level of advice which will be required when acting for a start-up business going through its first financing round, as compared to an established business refinancing existing debt with a long-standing lender.
As well as being able to deal with the sourcing and provision of finance, we are also able to provide specialist advice in relation to any disputes which arise, including issues relating to personal guarantees, the enforceability of charges and debentures, and other financial and banking derivative products.
Our banking & finance practice comprises:
- Islamic Finance.
- Banking – including leveraged and acquisition finance, asset finance, structured finance, trade and export finance, and real estate finance.
- Business Restructuring and Insolvency – including debtor and creditor representations, refinancings, restructurings, workouts, and acquisitions of distressed assets.
- Real Estate Finance.
- Trade & Export Finance.
- Financial services regulation.
Islamic Finance
Funding undertaken in accordance with the precepts of the Sharia (Islamic law) continues to exhibit exponential growth throughout the globe.
Islamic finance is, above all else, ethically driven. It is also one of the world’s fastest growing financial sectors. The value of Islamic finance and investment is expected to reach US$2.5 trillion by 2017. Burgeoning consumer demand has been met by increased supply as the number of Islamic banks and financial institutions with Islamic finance divisions continues to rise.
Robust demand has led to new challenges for the Islamic finance industry, however, including legal and regulatory considerations. Achour Law Firm Islamic Finance practice has met those challenges through our deep appreciation of the standards that a Sharia-compliant financing or investment must achieve to attain its ethical status. Indeed, many eminent Sharia scholars commonly recommend us to financial institutions that approach them for advice. Many of our template documents are now market standard.
Our dedicated team is trained in conventional banking law techniques. We are familiar with all Islamic modes of financing, whether they are buying and selling, leasing or equity participation in its various forms. As well as the funding models, we understand very well the injunctions that shape this activity (eg riba, gharar, maysir, inah) and the techniques that are used to facilitate solutions (eg wakala, hawala, arboun, wa’ad).
Our team fully understands the principles of murabaha, bai salam, istisna’a, ijara, mudaraba, musharakha or sukuk without the need for further explanation. We are able to provide standard transactional documentation and innovative bespoke documentation, as well as legal, strategic, regulatory and structuring advice.
Our lawyers are not just experts on the law, but also on the regulatory and strategic policy initiatives that underpin sector development. As such, we are a firm that is able to give a fully-comprehensive Sharia-compliant perspective. Our ability to deploy specialist Islamic finance lawyers who are experts in this subject, sets us apart from the rest.
Our Islamic finance team also regularly works alongside colleagues in our Real Estate team to ensure that all clients seeking Sharia-compliant solutions are suitably advised.
Banking
The current market conditions resulting from the global economic downturn have reduced liquidity worldwide and placed a greater focus on the risk profile of banking transactions. At the same time, transactions are becoming more diverse in nature and scope, there’s increased activity in the emerging markets and deals frequently cross-borders.
In such a climate, finding the optimal way to structure and execute a deal has never been so important. When a new financing is first planned, when refinancing options are under consideration, or when existing finance needs to be restructured, lenders and borrowers benefit from the advice offered by an experienced, external banking team.
We advise clients on innovative lending transactions, bank products, credit products, deal structures, issues and alternatives, and on all types of secured transactions in today’s evolving marketplace.
Business Restructuring
The global recession has left many companies with shrinking asset values and heavy debt burdens. Reduced liquidity combined with the Eurozone crisis has proved challenging for borrowers, lenders and government bodies alike. Debt maturities on a huge volume of high yield bonds have continually been pushed back, and defaults are seemingly at record lows. Thus, despite signs of recovery in some economies, most commentators believe that the economic stress will continue for many for a number of years to come.
Insolvency and restructuring is a well-established core practice area for Achour Law Firm. Our firm operates with an in-depth knowledge of the local legal, regulatory and commercial environments within which it work. By drawing on leading individuals from other practice areas including capital markets, litigation, real estate, employment, Intellectual Property and tax, we are able to build a team which is tailored to each individual transaction.
We advise traditional stakeholders in restructuring and insolvency cases, both in courts and in out-of-court restructurings, and are equally experienced advising companies, insolvency administrators, and creditors at all levels of the capital structure.
Real Estate Finance
As the investment structures related to the global real estate industry continue to mature, real estate financiers and borrowers are undertaking ever more complex transactions.
Achour Law Firm has the market understanding to guide banks and borrowers through even the most sophisticated of transactions. We combine clear, commercial advice with fresh thinking. Our focus is on innovative structures and solutions.
Trade & Export Finance
Achour Law Firm represents lenders and borrowers, acting for trade operators, commodities traders, national and foreign corporations, export credit agencies.
In addition to providing clients with transactional and advisory support, we help clients resolve their contractual disputes via arbitration or court litigation.
Areas of our expertise include also :