Banking and finance

The importance of managing risk across all types of banking and financial transactions has never been more apparent. International and multi-jurisdictional activity, particularly in new and emerging markets, is driving creativity in structuring and transactions which requires a team of lawyers who know how to get the optimal results from each deal.

At Collas Crill, our credentials are clear: with our well-established banking and finance team and some of the best known transactions both internationally and locally, there isn’t much we have not encountered.

We were the first to manage public/ private financing, have one of the largest portfolio of lending transactions within the commercial property market in the Channel Islands, and have strong expertise in Islamic finance structures and funds finance transactions.

Our clients instruct us because of our depth of expertise and our style in managing transactions. We are partner-led in all our transactions because we recognise the importance of accessibility to senior team members. Most importantly, we provide sound advice and a service delivered in a commercial and user-friendly manner.

Services
Asset finance
+
-

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.

Contentious banking and finance
+
-

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.

Enforcement
+
-

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 

Frozen bank accounts
+
-

We advise banks and account holders in relation to funds which have either been frozen officially by way of government sanctions, freezing orders and injunctions issued by a court, or are otherwise unavailable following suspicion that they may comprise proceeds of crime (unofficial freezing).

We can issue civil proceedings to recover monies from custodians, defend or obtain freezing injunctions in relation to monies in bank accounts and also issue judicial review proceedings against the relevant regulator seeking to claim that funds are the proceeds of crime. We have considerable experience in dealing with sanctioned parties or funds.

Funds finance
+
-

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.

Islamic finance and structuring
+
-

Demand continues to rise for legal professionals with a strong knowledge and understanding of Shariah law concepts continues, a reflection of the growth in Islamic finance products and services for institutions and private clients. Our team of experienced finance lawyers regularly works with onshore law firms, banks, managers and service providers to assist clients in the UK, the Middle East and Asia, as well as trust and corporate service providers servicing clients in this area.

Read more
Project finance
+
-

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.

Real estate finance
+
-

Real estate continues to dominate as an asset class for many investors. We have a strong track record in financing commercial real estate acquisitions, mainly in New York and the UK and the London prime market. We act for some of the key lenders in this area. Our clients include banks, funds, alternative lenders, private equity houses, private investors, hotel consortiums and family offices. Locally, we have worked on the funding of some of the most prestigious buildings in our jurisdictions.

Securitisation and structured products
+
-

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.

28 Apr 2025

Senior appointment for Collas Crill in Jersey

Collas Crill has appointed Kate Anderson as Partner in its corporate team in Jersey. Katie joins the firm from Voisins, where she worked for 26 years. A highly regarded corporate and commercial lawyer, Kate regularly advises local and international ...

2 Apr 2025

BVI versus Cayman? Your choice for structuring

When structuring a new investment, a common question posed by clients is whether the British Virgin Islands (BVI) or Cayman is a more suitable jurisdiction of incorporation for a corporate entity. While there is no one-size-fits-all answer, and our advic...

5 Mar 2025

Priority under the Security Interests (Jersey) Law 2012: A game of snakes and ladders?

Got your attention? If nothing else because, unless you have kids, you probably haven't played this game since your childhood. So what does snakes and ladders have to do with the law? Whereas in that much loved board game you start off at square 0, when ...

26 Feb 2025

Promotion announced for Collas Crill in the BVI

Collas Crill has promoted Annabel Bishop to Senior Associate. Annabel is a member of the Financial Services and Regulatory team in the firm's British Virgin Islands office. Annabel advises on banking and finance transactions (including real estate financ...

12 Aug 2024

Collas Crill explains... Désastre proceedings for a Jersey company

Updated guide coming soon We are currently updating this guide to reflect recent changes.

14 Nov 2023

Legal 500 Caribbean 2024 guide

Collas Crill's teams in the British Virgin Islands and Cayman Islands have received a solid set of results in the latest Legal 500 directory. In the BVI the dispute resolution team has moved up to tier 3, with the Cayman corporate team being listed by Le...

Showing 6 of 105 Results

Load more