Ben Le Page

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.

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.

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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 uniquely diverse practice regularly assists with the establishment of both open and closed-ended fund structures. In addition to traditional Channel Island private equity and real estate structures and Caribbean hedge funds, we have advised on a number of alternative and esoteric classes. We work alongside our clients to understand their investment thesis and provide bespoke drafting to build the fund they want as opposed to generic template structures and documentation.

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.

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.

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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.

In addition to the negotiation of transaction documents, we assist clients with disclosure and due diligence exercises as well as obtaining competition authority clearances. Our focus is a practical one; looking to allow clients the certainty to conclude a deal in the knowledge that their risk has been identified and mitigated appropriately.

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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.

It is a fact of life that all regulated businesses today face ever increasing pressure in the areas of compliance, regulation and risk management. Not only are our businesses required to comply with regulations and laws imposed within each jurisdiction, we need to be alert to impending changes in the UK, EU and elsewhere which could have an impact on the way we operate.

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Successfully navigating the modern global business environment, taking advantage of opportunities as they arise while avoiding legal and regulatory pitfalls, is a challenge for any entrepreneur, business or corporation, during all phases of the corporate life cycle.

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There's little doubt that for every challenge in the current market, an opportunity emerges. Having the right team to exploit these opportunities gives you a definite advantage. At Collas Crill we work with our clients to take advantage of opportunities at all stages in the investment lifecycle.

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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.

Please view our Regulatory page for more information. 

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