FINANCING AND SECURED LENDING

Legal assistance on Corporate Transactions

Monaco law requires certain public policy and formal requirements for the validity and enforceability of Monaco-sited security.

We have advised Monaco’s largest corporate financing and re-financing deals in shipping, hotel and real estate projects, sports, entertainment, luxury retail, energy and telecommunications projects on behalf of lenders mainly.

Transactional legal advice on financing and security taking/collateralization:

  • Assisting lenders (major international banks) and bidders in various real estate acquisitions and re-financings (buildings, hotels), including due diligence, valuations, security taking, issues of financial assistance and upstream guarantees, regulatory analysis linked to banking monopoly, releases, obtaining assurances from the Government of the Principality for constructions on the public domain.
  • Preparation of legal opinions / advice on various aspects of corporate financing transactions such as capacity/authority of Monaco borrowers/guarantors/obligors, validity and enforceability of obligations taken by Monaco based counterparts, the enforcement in the Principality of foreign judgments, etc.
  • Drafting of Monaco law security and collaterals (charges over bank accounts, financial instruments, goodwill and other types of assets, share pledges and mortgages, etc).
  • Drafting and/or adapting finance documents, credit facilities, first demand  guarantees to ensure compliance with Monaco public order provisions and formal requirements.
  • Drafting mortgage-lending documentation and real estate security packages for Private Banks.
  • Tax registration issues including changes in beneficial owner(s).