Banking and Finance
We have represented banks and financial institutions against defaulting borrowers. We have also represented corporate entities and individuals against banks and financial institutions.
Our team’s areas of expertise encompass Banking Laws, Islamic and Commercial Banking Contracts and Transactions, structuring banking facilities documentation and agreements and real estate mortgages and other banking securities and guarantees, and the enforcement of such securities and guarantees, letters of credit, debt recovery from defaulting bank customers and representing banks in commercial and criminal litigation initiated by or against the banks,.
We regularly provided legal advice to several UAE banks on all banking transactions, and drafted and reviewed all banking forms and contracts, including credit facilities documentation, loan agreements, syndicated loans, securities and mortgages and pledges, and unified terms and conditions for account opening.
Our lawyers possess an intimate understanding of the local legal and economic markets as well as its governing laws and customs in the banking industry, and have a long history of advising in landmark UAE and cross-border complex, high-profile banking and financial transactions.
Frequently Asked Questions
What is Banking and Finance Law?
Banking and finance law focuses on the contractual relationship between lenders and borrowers. In all financial transactions, the main aim is to negotiate and manage this relationship to ensure the represented party’s interests are met both legally and commercially.
What are the different areas in Banking & Finance?
Bank Lending:
A personal or business loan agreement where the bank lends money to a borrower that come attached with documented repayment terms
Property Finance:
A loan is sought and agreed for the purposes of enabling a borrower to obtain a property or develop the land of which a property will be built. Typically, this will be acquired through a mortgage
Project Finance:
A longer-term, multi-phased and often multi-faceted infrastructure project that involves public services. The amount is borrowed to carry out the project to and is paid back once it starts to bring in money
Acquisition Finance:
A loan borrowed by one company to provide it with the funds to purchase another company. Leveraged finance also comes under this area, whereby a borrower lends a considerable sum of money to meet the cost of acquisition requirements without committing to paying its own money
Assets Finances:
The lender will take security over the specific assets purchased (usually considerable sums)
Derivatives:
Understanding and managing currency rates during a transaction
Capital markets:
When a transaction takes place, a borrowing entity gives bonds to investors
Islamic finance:
Shari’a law prevents the collection and payment of interest on a loan. Islamic finance specialists work with Muslim borrowers, lenders and investors to ensure banking and financial arrangements are compliant with Shari’a law
What do Banking and Finance Lawyers Do?
Banking and finance law consists of multiple areas that are technically-complex and constantly evolving. As a result, lawyers in this field often specialise in a particular area. A banking and finance lawyer will either represent the borrower or the lender, and the majority of their role will focus on the transactional elements of arranging deals.