Banking & Finance
Expert Legal Representation.
We always begin by understanding your businesses and preferences inside-out in order to efficiently structure and effectively negotiate every step of your financing transactions. Whether you are banking or borrowing, our expertise enables us to provide advice across the entire capital structure of a transaction including Capital Markets, projects and infrastructure, real estate finance, trade and export finance, commodities finance, derivatives, securitization, preference share finance, subordinated debt and insolvency and restructuring.
Frequently Asked Questions
What legal documents are required for a syndicated loan in Kenya?
A syndicated loan requires a highly detailed Facility Agreement, a Security Document (such as a debenture or charge over assets), an Intercreditor Agreement to govern the relationship between the lenders, and a Fee Letter. Our banking lawyers draft and negotiate these complex instruments.
How do banks enforce security in Kenya if a borrower defaults?
Banks can enforce security by exercising their statutory power of sale (auctioning the charged property), appointing a receiver to manage the business, or suing the borrower directly for the debt, subject to the strict provisions of the Land Act and the Insolvency Act.
What is debt restructuring and how does it legally work?
Debt restructuring involves legally modifying the terms of an existing loan to prevent default, such as extending the repayment period or lowering the interest rate. It requires drafting a legally binding restructuring agreement and often amending the registered security documents.
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