Arthur Cox - Finance
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Finance EXPECT DUBLIN • BELFAST • LONDON • NEW YORK • SILICON VALLEY arthurcox.com EXCELLENCE
Our Finance Practice
We have Ireland’s largest finance department and are constantly at the forefront of developments in finance law and practice. Our
practice revolves around four key areas, namely:
»» Asset management and investment funds
»» Banking and other lending transactions
»» Debt capital markets/structured finance
»» Financial regulation.
Our finance practice is made up of lawyers who are experts in all of these areas. We
pride ourselves in offering clients a joined up and integrated approach across practice
areas and we excel at advising on transactions which require advice in a number of
areas of finance and other areas of law.
Our clients include:
»» Corporates
»» Banks
»» Financial institutions
»» Alternative lenders
»» Asset managers
»» Trade and regulatory bodies
“
The team is very commercial, structured and
dedicated in terms of getting the deal across
the line.
»» Other market participants such as rating agencies,
trustees and market infrastructure providers. Chambers Europe: Europe’s Leading Lawyers for
Business, 2015
The types of transactions on which we regularly advise
include:
»» Acquisition financing »» Financial regulation
»» Alternative lending »» High yield bonds
»» Asset finance, including marine and aviation finance »» Investment funds
»» Consumer credit »» Invoice discounting and receivables financing
»» Corporate and leveraged financing »» Loan portfolio sales, purchases and financings
»» Debt capital markets »» Public private partnerships and project finance
»» Debt listing »» Restructuring and refinancing
»» Derivatives »» Securitisation and structured finance.
2 | ARTHUR COX FINANCEAsset Management & Investment Funds
Our Asset Management and Investment Funds Group is a market leader, advising on all aspects of investment management
issues and the establishment and ongoing operation of investment funds in Ireland. This very experienced team provides
“outstanding levels of professionalism, quality and delivery” and advises on all types of investment funds, including UCITS,
QIAIFS and pension funds, REITs, hedge funds, private equity funds and property funds. We advise funds across a wide range
of asset classes (such as equity, fixed income, credit and property), sectors and/or countries, including funds with a China focus
and Asian distribution. The Group’s reputation for expertise and innovation is endorsed by an impressive list of the approvals
we have received for new products and is matched by a client user list which consists of many leading international financial
institutions, investment banks and asset management companies.
We advise on a range of legal and regulatory issues, including: »» Advising investment managers, fund administrators and
custodians
»» Establishing all kinds of investment funds and advising
on fund structures »» Advising on cross border financial services within the
European Union
»» Drafting fund documentation
»» Co-ordinating with foreign counsel in relation to the
»» Advising on day-to-day legal, operational, administration
registration of funds outside of Ireland
and company secretarial issues relating to funds
»» Dispute resolution in relation to funds
»» Liaising with the Central Bank and the Irish Stock Exchange
»» Advising on derivative products and prime brokerage
arrangements for funds and prime brokers
Some of the recent transactions in which the Asset
Management & Investment Funds Group has been involved
include:
»» Advising Blackstone on the establishment of a
multimanager alternative UCITS fund
»» Advising KKR on the establishment of Irish AIFs
engaged in private equity, special situations, lending and
infrastructure investment strategies
»» Advising Goldman Sachs on the establishment of a QIAIF
»» Advising M&G on the establishment of a UCITS master-
“
»» Advising on anti-money laundering issues
»» Advising on compliance procedures and corporate
governance matters.
“Standard bearer for excellence in the funds industry.”
Legal 500, 2015
“The team doesn’t just give you the black and white
feeder structure
legal answer, but understands your commercial
»» Advising Blackstone on the establishment of a direct
lending AIF imperatives and seeks to find a solution around them.”
Chambers Europe, 2015
»» Advising HSBC on its UCITS ETF fund range.
FINANCE ARTHUR COX | 3Banking and Other Lending Transactions
As the debt finance market in Ireland has evolved, our Lending Group is at the forefront in executing the most innovative
transactions. We act for banks and other financial institutions, institutional investors, alternative lenders and other market
participants, both domestic and international, as well as for a wide range of borrowers, including investment grade and other
corporates, and private banking clients.
Our lending expertise includes: »» property finance
»» investment grade and leveraged financings, including »» asset finance including aviation finance
senior and mezzanine facilities, both syndicated and
»» non-bank lending, including private placements
bilateral
»» the purchase, sale and financing of all types of
»» project finance in various sectors, including the
commercial and residential loan portfolios
financing of Public Private Partnerships, construction
projects and renewable energy projects »» debt restructuring, settlements, work-outs and
enforcements
»» lending to fund structures (including QIAIFS and
ICAVs) »» invoice discounting and other receivables financings
and leasing facilities.
»» acquisition financing
Some of the recent transactions in which our lending team »» Advising Bank of Ireland in connection with an
has been involved include: equipment lease financing arrangement with GE
Capital
»» Acting for Japan Bank for International Co-
Operation in relation to acquisition facilities advanced »» Advising Ulster Bank in relation to toalities advanced
to Sumitomo Mitsui Banking Corporation for the for the purchase of the Hilton Hotel
acquisition of RBS Aerospace
»» Advising Total Produce ple on its finances
»» Advising Vista Equity Partners in relation to its €1.5 arrangements with various lenders
billion take private of banking software provider Misys plc
»» Advising in relation to Avago Technologies’
»» Acting for various borrowers in negotiating acquisition to Broadcom and Cerberus
restructured facilities with their banks and in
»» Advising in relation to the acquisition by GvC
refinancing their facilities out of NAMA
Holdings of Bwin
»» Acting for Bank of Ireland in relation to facilities
»» Advising Nomura on the funding of the Project Arrow
advanced for the purchase of the Morgan Hotel
purchase from Nama
»» Advising Quadrant Real Estate Advisors LLC as agent
»» Advising Apollo on the acquisition of the Project
for QREA Ireland DAC and QREA Financing Limited in
Abbey portfolio from Nama.
the funding of a construction of a hotel with Starwood
under its Aloft brand
»» Advising Activate Capital Limited on the provision
of €500 million senior and mezzanine facilities to it by
The Ireland Strategic Investment Fund and KKR Credit
to fund Irish residential projects
»» Advising Greencore Group plc on its acquisition
finance facilities relating to its proposed acquisition of
Peacock Foods
4 | ARTHUR COX FINANCEDebt Capital Markets/Structured Finance
Our Debt Capital Markets Group advises on a wide variety of debt capital markets and other structured finance transactions,
working closely with experts in our Asset Management, Lending, Regulatory and Tax teams. Our specialist debt listing team acts
as listing agent in respect of a wide variety of debt products on the Irish Stock Exchange. Our areas of expertise include:
»» Covered bonds
»» Corporate, government and financial institution bonds
»» Debt listings
»» Receivables and NPL financing
»» Securities laws advice
»» Structured finance and securitisation
Our Debt Capital Markets Group is constantly involved in and Bank of Ireland and JP Morgan as arranger of
ground-breaking and award-winning transactions. Some EBS‘s mortgage covered securities programme, and
of the recent transactions in which the group has been numerous trades under these programmes
involved include:
»» Advising financiers of loan portfolios including JP
»» Advising on numerous post-crisis CLO 2.0 transactions, Morgan, Citi, and Morgan Stanley.
including the first Irish CLO since the financial
crisis, for the following collateral managers: Apollo
Credit Management (CLO), LLC; AXA Investment DEBT LISTING TEAM
Managers; Blackstone/GSO Debt Funds Management
Representing clients in Europe, the USA, Russia, Turkey,
Europe Limited; CELF Advisors LLP (a Carlyle
entity); Chenavari Credit Partners LLP; GLG Partners
and KKR Credit Advisors
»» Advising eir on its first high yield bond transaction in
2013 and subsequent refinancing in 2016
»» Advising the dealers on all of Ireland’s sovereign
syndicated bonds since 2007
»» Advising issuers and arrangers and trustees of Irish
residential mortgage securitisation including Lone Star,
JP Morgan and Morgan Stanley
»» Advising CRH on its US and Euro debt programmes and
all subsequent issuances
»» Advising on repackaging programmes for leading
investment banks such as Bank of America Merrill
Lynch, Barclays, Credit Agricole, Goldman Sachs
(London and New York), Citibank, RBS, Morgan
»» Ferrari
»» Deere & Co
»» Fiat Chrysler Automobiles
»» Liberty Mutual Group
»» Citibank
»» Toyota
»» Standard Chartered
“
Latin America, and the Middle East, including:
The firm is very responsive, with quick
reactions, and provides very commercial
Stanley (London and New York) and MUFG advice on the available options. The legal
»» Advising on over 180 Russian LPN, ECP and veracity the firm provides is great.
securitisation structures since 2005
»» Advising Barclays Capital as arranger of mortgage Chambers Europe: Europe’s Leading Lawyers for
covered securities programmes for Allied Irish Banks Business, 2016
FINANCE ARTHUR COX | 5Financial Regulation
Our Financial Regulation Group advises on a wide variety of regulatory and compliance matters relevant to the financial
services industry. We act for a wide range of Irish and international credit institutions, investment firms, payment institutions,
fund managers, insurance companies and other financial institutions. We provide advice on Irish authorisation and perimeter
issues, ongoing compliance with conduct of business and other requirements, regulatory capital, market abuse, prospectus and
transparency requirements, payment services, corporate governance, AML, regulatory enforcement and litigation and financial
institution M&A (including the acquisition and disposal of financial assets).
Our areas of expertise include: »» Advising numerous clients on the implementation of
recent legislation and regulatory requirements, including
»» Advice on conduct of business requirements, including
the Code of Conduct on Mortgage Arrears and the SME
MiFID, the CPC and the SME Regulations
Regulations 2015
»» Advice on licensing perimeter issues and licence
»» Advising numerous clients on notifications to the
applications
Central Bank of Ireland in connection with the
»» Derivatives acquisition of regulated entities in Ireland.
»» Regulatory capital
»» Financial institution M&A DERIVATIVES
»» Financial asset acquisitions and disposals We assist clients with the documentation of a wide range
of derivatives. We also advise on all the regulatory aspects
»» Risk management and corporate governance of the derivatives market including regulatory capital
»» Remuneration treatment of transactions, EMIR and securities financing.
»» Anti-money laundering Our clients include:
»» Market abuse, transparency and prospectus requirements »» Investment banks
»» Consumer credit
»» Payment services
»» Investigations and enforcement action by regulators.
Some of the recent transactions in which our Financial
Regulation group has been involved include:
»» Advising multiple clients on redomiciling to Ireland
post-Brexit
»» Advising on MiFID licence applications
»» Advising financial institutions on Central Bank
enforcement actions, including negotiating settlement
agreements with the Central Bank
»» Advising financial institutions on the Central Bank’s
industry-wide tracker mortgages inquiry
»» Investment managers
»» Funds
»» Corporations
»» Trade organisations.
“
The lawyers are very commercial and responsive, and
I trust their judgement. I have worked with many law
firms, and Arthur Cox is the most commercial and efficient
I have used.
»» Advising private equity funds on the acquisition and
servicing of distressed Irish loan portfolios Chambers Europe: Europe’s Leading Lawyers for
Business, 2016
»» Advising the Irish government on all aspects of its
response to the banking crisis
6 | ARTHUR COX FINANCEMeet Our Team
For further information please speak to your usual Arthur Cox contact or one of the following lawyers:
HELEN BERRILL KATHLEEN GARRETT ADRIAN MULRYAN
DIRECTOR, LISTING SERVICES PARTNER, LENDING PARTNER, ASSET MANAGEMENT &
+353 1 920 1203 +44 207 832 0205 INVESTMENT FUNDS, LONDON
helen.berrill@arthurcox.com kathleen.garrett@arthurcox.com +44 207 832 0217
adrian.mulryan@arthurcox.com
GLENN BUTT DARA HARRINGTON KEVIN MURPHY
PARTNER, CAPITAL MARKETS PARTNER, ASSET MANAGEMENT & PARTNER, ASSET MANAGEMENT &
+353 1 920 1197 INVESTMENT FUNDS INVESTMENT FUNDS
glenn.butt@arthurcox.com +353 1 920 1206 +353 1 920 1177
dara.harrington@arthurcox.com kevin.murphy@arthurcox.com
ROBERT CAIN GRAINNE HENNESSY ORLA O’CONNOR
PARTNER, FINANCIAL REGULATION PARTNER, LENDING PARTNER, LENDING AND FINANCIAL REGULATION
+353 1 920 1050 +353 1 920 1202 +353 1 920 1181
robert.cain@arthurcox.com grainne.hennessy@arthurcox.com orla.oconnor@arthurcox.com
HILARY CALLANAN CORMAC KISSANE NIAMH QUINN
PARTNER, LENDING PARTNER, HEAD OF FINANCE PARTNER, LENDING
+353 1 920 1032 +353 1 920 1186 +353 1 920 1189
hilary.callanan@arthurcox.com cormac.kissane@arthurcox.com niamh.quinn@arthurcox.com
PHIL CODY KEVIN LYNCH ULTAN SHANNON
PARTNER, CAPITAL MARKETS & DERIVATIVES, PARTNER, LENDING PARTNER, LENDING
NEW YORK +353 1 920 1199 +353 1 920 1188
+353 1 920 1238 kevin.lynch@arthurcox.com ultan.shannon@arthurcox.com
phil.cody@arthurcox.com
SARAH CUNNIFF DAVID MOLLOY AIDEN SMALL
PARTNER, ASSET MANAGEMENT & PARTNER, LENDING PARTNER, CAPITAL MARKETS
INVESTMENT FUNDS +353 1 920 1220 HEAD OF LONDON OFFICE
+353 1 920 1171 david.molloy@arthurcox.com +44 207 832 0207
sarah.cunniff@arthurcox.com aiden.small@arthurcox.com
FINANCE ARTHUR COX | 7Contact Us Dublin London Silicon Valley +353 1 920 1000 +44 207 832 0200 +1 650 943 2330 dublin@arthurcox.com london@arthurcox.com siliconvalley@arthurcox.com Belfast New York +44 289 023 0007 +1 212 782 3294 belfast@arthurcox.com newyork@arthurcox.com arthurcox.com
You can also read
