April Ebanks 

We work both lender and borrower side in funding the acquisition of aircraft, ships, containers, art and other high value assets and advise on finance and operating leases, sale and leaseback transactions, jurisdiction specific transactions such as JOLCOs and the securitisation of asset receivables.

We can advise in relation to the financing of investment funds in Guernsey, Jersey, BVI and Cayman, advising both borrowers and lenders. Fund financing covers a range of financing possibilities including mezzanine financing or acquisition finance, but most commonly involves capital call or subscription facilities. It is a specialist area that requires an understanding of fund structuring, the risks involved in lending to funds and specific security requirements.

Underlying relationships between investors, borrowers and lenders are key to the success of the industry. We work with lenders and borrowers to maintain these relationships at every stage of the process, with our commercial, efficient and pragmatic approach to managing transactions.

Our teams have been involved in some of the most innovative finance structures, including the first public-private finance initiative in Guernsey, a care home. We regularly advise housing associations on funding their projects. Internationally we work with clients on key infrastructure projects, including power stations and railway links.

Our dispute resolution specialists collaborate seamlessly with our corporate, banking and finance teams across jurisdictions to advise on litigation, restructuring and risk and regulatory matters. We provide a global perspective, working closely with our clients to ensure that they are best placed to respond to customer issues, fraud risks, rapidly changing market conditions and regulatory demands.

We can advise lenders, borrowers and guarantors with regard to:

• the different forms of security that can be taken over assets (including fixed charges or mortgages, liens, pledges)
• assets which can be provided as security
• registration and protection of charges and security
• release of security, waiver, amendment and restatement of facilities
• restructure of debt and securities
• enforcement against assets in the event of a breach (including investigations and pre-emptive steps to take to protect assets, taking possession, foreclosure, set off, appropriation, powers of sale and receivership, and insolvency processes)
• freezing orders and injunctions over secured assets 

Our securities and capital markets team advise on all aspects of securitisation transactions, including the structuring of securities and securitisation vehicles, producing the prospectus, providing regulatory advice and advising on promotion restrictions and requirements. Our clients include both offshore and onshore banks as well as other financial instructions.

Our capital markets team have significant onshore as well as offshore experience, giving us an in-depth understanding of all aspects of security issues and capital markets transactions.

We advise on the structuring of securitisation vehicles, the promotion of securities and the full range of equity and debt capital markets transactions, including both public equity and debt offerings and mergers and acquisitions, including schemes or arrangement and reverse takeovers.

Regulation and legal risk management are placing increasing burdens on companies and businesses in terms of time, costs and resources, and the consequences of getting this wrong can be severe. We can assist with all regulatory and compliance issues in Jersey, Guernsey, BVI and Cayman.

Additionally we can help with regulator investigations and visits, enforcement and remediation including representation before regulators, tribunals committees and courts. We have an excellent record in defending corporates and their directors and officers in regulatory proceedings.

Good corporate governance and a sound understanding of directors duties is critical. Regardless of size, establishing a best practice approach should be fundamental to all boards.

The board of directors are responsible for ensuring the company achieves its objectives and the corporate governance framework they adhere to should underpin their accountability to the company and its members.

Directors are legally obliged to act in good faith, exercise independent judgment, and promote the best interests of the company.

Our offshore regulatory lawyers regularly provide expert legal guidance to directors as to their duties in offshore jurisdictions and corporate governance frameworks, as failure to comply with these expected duties potentially results in significant personal liability for directors.

Our experienced team advises on fiduciary responsibilities, risk mitigation, and regulatory compliance to ensure directors meet their obligations with confidence. Whether you're forming an offshore entity or navigating complex corporate challenges, we can offer trusted, practical solutions tailored to your needs.

Regulation and legal risk management are placing increasing burdens on companies and businesses in terms of time, costs and resources, and the consequences of getting this wrong can be severe. We can assist with all regulatory and compliance issues in Jersey, Guernsey, BVI and Cayman including: 

• Anti money laundering and proceeds of crime legislation
• FATCA and CRS reporting
• Licensing
• Economic substance
• Beneficial ownership
• Sanctions
• Tax information exchange requests
• AIFMD

Additionally we can help with regulator investigations and visits, enforcement and remediation including representation before regulators, tribunals committees and courts. We have an excellent record in defending corporates and their directors and officers in regulatory proceedings.

We regularly act in relation to significant mergers and acquisitions activity in our jurisdictions, whether as lead counsel for strictly local matters or as part of an international team for multi-jurisdictional transactions.

Our experienced team will handle the due diligence process, from initial requests for information and documentation, transitioning to the review phase, making further requisitions as necessary and producing a comprehensive due diligence report setting out key issues and areas for risk mitigation.

We provide expert legal support on both local and cross border amalgamations of regulated and unregulated companies and work closely with our dispute resolution team on local schemes of arrangement.

For wealthy individuals, family-controlled businesses and entrepreneurs managing wealth across generations, succession planning and transferring control of assets has never been more challenging. That's why it's important to work with lawyers who not only have the highest standards of legal knowledge and expertise, but also the ability to find unique solutions tailored to your unique circumstances.

We advise company boards in relation to both the non-contentious and contentious aspects of shareholder relations with a focus on corporate governance to prevent contentious issues arising. 

We can assist with:

• documenting shareholder meetings, notices, minutes, resolutions
• governance issues including shareholder agreements, disputes, veto and deadlock
• compliance with corporate laws and risk managements, including legal advice on shareholder duties and obligations
• reorganisation of share capital
• advising the Board and shareholders in relation to company plans and activities such as mergers, joint ventures, asset sales and reorganisations
• shareholder activism and disruption of company meetings