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Fawaz  Elmalki

Fawaz Elmalki 

Consultant* | Cayman

Corporate, Finance & Funds

 

Overview

Fawaz is an investment funds consultant in our Corporate, Finance and Funds team, specialising in investment fund formation matters and corporate matters. His clients include venture capital, private equity and hedge fund managers based in the MENA region.

Experience

Fawaz manages and drives MENA growth initiatives and provides investment fund and corporate structuring advice to clients. He has over 20 years' experience advising investment funds, their managers and their onshore counsel on their structuring, formation, corporate governance and ongoing operational matters as well as broad experience advising clients on private equity financings.

His clients also include family offices and entrepreneurs, with a strong network of clients and collaborators in the MENA region and Canada. His investment funds practice has been recognised by Chambers Global, Who’s Who Legal, MENA Fund Manager and Legal 500.

Background

Fawaz joined Collas Crill having been partner and head of the Dubai office of another leading offshore firm where he practised Cayman, BVI and Bermuda law from their DIFC office from 2007 to 2018.  From 2018 to 2022, he was a consultant at a boutique Cayman law firm he co-founded. His onshore corporate, corporate finance and investment funds experience includes working for Canada’s Public Sector Pension Investment Board (PSIB - Montreal office) and global law firm Clifford Chance (London office). He also advises as counsel a leading ADGM and DIFC (UAE) law firm on local investment fund formation matters.

Fawaz has an LLB (Common Law with Distinction) from McGill University and an LLB (Civil Law, Deans’ List, second year) from Université de Montréal.   He is a member of the Québec Bar Association (Canada) and admitted as a solicitor in England and Wales (non-practising).  

*not admitted in the Cayman Islands

My services
Banking & Finance
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Banks today face an ever increasing raft of challenges, both regulatory and commercial, as well as competition for deals from non-bank lenders and alternative funders. We provide our banking clients with a comprehensive service on- and off-transaction, including our plain English precedents for their business. We help our clients keep up with the changing landscape in order to remain competitive in the market place whilst delivering quality service to their own customers. Our clients focus on relationship banking and we work hard to support them in doing so. We also advise P2P lenders and invoice discounters on their lending and security arrangements, and their documentation.

Corporate Advisory
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With a depth of multi-jurisdictional experience our offices in BVI, Cayman, Guernsey, Jersey, London and Singapore, we ensure that advice is provided in the context of other key global offshore centres and with a knowledge of the bigger, global picture. Our clients appreciate our pro-active attitude to providing sensible user-friendly advice, our accuracy and honesty in our approach to pricing matters, and our senior level involvement in all matters to ensure smooth progress and client satisfaction. In an increasingly complex, competitive and more tightly regulated market, we'll make sure your business or commercial venture reaches its full potential.

Corporate Governance & Shareholder Relations
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Good corporate governance and a sound understanding of directors duties is important to companies. 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. 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 have also advised both boards and activist shareholders in relation to highly contentious general meetings and associated issues arising out of investor actions.

Investment Fund Formation
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Our uniquely diverse practice regularly assists with the establishment of both open and closed-ended fund structures. In addition to traditional private equity and real estate structures we have advised on a number of alternative and esoteric classes. We provide bespoke structuring solutions to allow our clients to build the fund they want as opposed to a generic template of the market standard. We advise clients at every step of the process, including preparing offer documents, investor negotiations, the preparation of agreements, and in the closing of transactions.

Investment Funds, Private Equity & Venture Capital
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Our fund specialists offer advice on all aspects relating to the establishment, authorisation and structuring of funds and related investment vehicles. We have particular expertise acting for emerging managers who are building their business and acting for institutional investors, including acting for private equity funds and sovereign wealth funds on joint venture and fund investments, as well as planning their internal corporate structures. We provide a highly personalised service working with our clients and their onshore counsel to build in depth relationships over the long term.

Investor-side Advisory Services
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In a world of ever-increasing accountability, we are increasingly instructed by sovereign wealth funds, ultra high net worth individuals and funds of funds to review potential investments and negotiate side-letters. We offer our clients a fast, efficient service with minimum fuss. This aspect of our practice gives us unparalleled insight of what is and is not the 'market standard'; something our clients highly appreciate.

Islamic Finance
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Demand for legal professionals with a working knowledge and understanding of Shariah law concepts continues to rise reflecting the growth in Islamic finance products and services for institutions and private clients. Our team of experienced finance lawyers regularly work 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.