Conor Walsh

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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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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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 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 

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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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 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.

In today's economic climate lawyers need to be more innovative and more efficient in navigating the increasing complexity of the regulatory environment.

Our clients choose us because of our ability to understand how to structure complex securities and how to execute complex capital raisings in challenging market conditions. We pride ourselves on being responsive and pragmatic, working closely with our clients and other advisers and drawing on our substantive securities and capital markets experience.

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.

We can also provide listing sponsor and agent assistance for both The International Stock Exchange and the Cayman Islands Stock Exchange.

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Offshore vehicles are used for a huge range of purposes either standing alone or as part of large multi-jurisdictional structures.

Our highly commercial team specialises in advising clients on the most effective uses of such vehicles and their on-going operation, including normal and cellular companies as well as foundations, unit trusts, limited partnerships, limited liability partnerships, segregated portfolio and restricted purpose companies.

We are able to advise what jurisdiction among the 'Big Four' that we advise on will best suit our client's needs and regularly advise on solvent restructuring by way of merger, consolidation, continuation or balance sheet optimisation as well as court based corporate procedures such as schemes and plans of arrangement.

With our mix of non-contentious and litigation restructuring specialists, Collas Crill offers the unique advantage of having being able to provide a team to seamlessly take a transaction from start to finish. 

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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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Whether set up for asset protection purposes, as part of succession or tax planning, or for family governance or confidentiality reasons, offshore private wealth structures are common and often large and complicated.

We assist wealthy individuals, family offices, family-controlled businesses and entrepreneurs, often working alongside their trustees, bankers, tax advisors, accountants and other professional advisers, with the legal support needed within private wealth structures. We work with a broad range of vehicles including family investment companies, family limited partnerships, trusts and foundations.  

We can assist with all legal aspects of establishing, operating, restructuring, funding/leveraging, relocating and winding up such vehicles.  

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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 

When executors, family or friends of a deceased need to get access to assets held by their loved one, they may be asked to produce a document commonly referred to as a 'grant of probate'. A grant of probate means that an individual is given the right, by the relevant court, to deal with a deceased's estate. The deceased may have left a will or may have died intestate (without a will). It might be the case that probate has already been obtained in another jurisdiction and that a separate grant of probate needs to be obtained in Guernsey or Jersey. This can be an unfamiliar and stressful process. At Collas Crill we have many years' experience in making these types of applications. We are able to assist in simply obtaining the grant of probate, can arrange release and payment of the Channel Island assets to the relevant person, or deal with the full administration of an estate depending on your requirements.

Intellectual property represents the intangible value of a business, such as goodwill or brand value. Our experience in this sector enables us to assist businesses to identify, manage and exploit this value across a wide range of IP related services. We offer a wide range of intellectual property services to our clients.