Banking & Project Financing

The Firm’s work in this area includes advising on and structuring all forms of credit and security.

The Firm, or members of the firm, have experience in the following areas:

The creation of security rights
Drafting and registering loan and security documentation to include floating and fixed charges, debentures, cautions, pledge receipts, and security bills of sale. Advising on and perfecting security interests along with advice on the relative priorities of competing interests. Advising on and arranging the transfer and assignment of security interests, and advising on and structuring vendor take-back mortgages as an option to traditional financing.

Enforcement
Advising clients on whether their power of sale has arisen and arranging for the proper exercise of the power of sale through service of statutory default notices. Advising clients on the relative benefits of sales by court order (either privately or through a real estate agent) as oppose to sales by public auction. Drafting of advertisements for sales by public auction. Arranging auctions. Drafting contracts for sale by chargee in exercise of their power of sale. Drafting transfer deeds transferring property from chargee to buyer. Negotiating transfers of property by chargee where the property is subject to the TCI government’s standard Conditional Purchase Lease clawback charge. Securing permission and arranging sales by private treaty. Advising on debenture holder’s rights.

Litigation
Applications for approval to sell by private treaty. Enforcement of guarantees and advising clients of their rights of subrogation under guarantees.

Regulatory issues
Advising on clients’ due diligence and whistle blowing obligations under the Proceeds of Crime Ordinance, Mutual Legal Assistance Treaty, Trusts Ordinance and Company Managers (Licensing) Ordinance. Advising on requests for release of information, seizure and confiscation of assets under the Proceeds of Crime Ordinance along with the release of proceeds, under an Order of Seizure, for maintenance. Advising professional clients on the resolution of conflicting obligations under the Proceeds of Crime Ordinance, the Confidential Relationships Ordinance, and the Companies Ordinance.

Miscellaneous
Advising on rights and obligations in relation to improperly endorsed cheques, crossed cheques, open cheques, forged cheques, forged instructions, and payments in error. Advising on the rights of a holder in due course. Advising, generally, on the provisions of the Bills of Exchange Ordinance.