Asset-based financing and securitisation
We advise on, draft and negotiate syndicated and bilateral loans and security documentation for lenders, borrowers and security providers. We also advise on regulatory aspects of asset-based financing and securitisation.
Where our client is a non-resident, our scope includes Malaysian law advice, issuance of counsel’s opinion, submission for approval or registration with the Central Bank if required.
We assist and act for financial institutions, bondholders, trustees and borrowers on all aspects of debt restructuring. We have acted in refinancing arrangements, debt for equity swaps, sale or acquisition of distressed debt and other workout options. We work closely with our Restructuring and Insolvency team in also pursuing court remedies for schemes of arrangement or other debt restructuring options.
Where the financial institution is an offshore lender and the loan is granted to a Malaysian borrower and/or security is issued by a Malaysian security provider, our services would include:
- perusing the loan documentation from a Malaysian law perspective
- drafting Malaysian security documentation and stamping, filing and/or registering the same with regulatory authorities
- conducting limited legal due diligence on the Malaysian borrower and/or Malaysian security provider
- issuing counsel’s opinion on the capacity and power of the Malaysian borrower and/or Malaysian security provider and on the validity and enforceability of the Malaysian documents.
We are experienced in assisting clients in the financing aspects of residential, commercial and infrastructure developments. The team advises and acts for land owners, developers and lenders for such projects.
Drawing on the firm’s experience in real estate acquisition and property development, infrastructure and construction, we are able to advise and take clients through the various steps, aspects and procedures of the project.
Real estate financing
We assist and act for financial institutions, corporations and individuals in respect of financing of the acquisition of real estate. We draft the loan and security documentation and attend to the stamping and where required, present the requisite charges and forms for filing with the regulatory authorities.