Banking and Finance
Your legal partner in funding bankable ideas to fruition
Banks and financial institutions play a fundamental role in mobilisation and allocation of capital, a vital resource in a market economy such as Kenya. A key provider of capital for the establishment and expansion of business enterprises, the banking and financing sector’s contribution to the growth of the economy has been phenomenal.
Retained by at least 5 major banks including (Equity Bank Plc, Bank of China, United Bank of Africa (UBA) and Jamii Bora Bank) large Micro-Finance Institutions (MFIs) and a sizeable list of Savings and Credit Co-operative Societies (SACCOs) including Mwalimu National Sacco, the largest SACCO in Africa, our Banking and Finance Practice Group walks hand-in-hand with the financial institutions to navigate the opportunities and challenges brought about by major shifts that continue to be witnessed in the market, policy, legal and regulatory landscapes, such as the onerous standards on reporting, transparency and accountability under diverse statutes and regulations as well as the disruptive FinTech comprising digital banking, mobile money, cryptocurrency and Block chain, which are changing the traditional model of banking.
Our Practice regularly advises on:
- • Asset finance
- • Debt recovery
- • Insolvency, administration and receiverships
- • Mortgage finance
- • Securities enforcement
- • Structured finance
- • Syndicated finance
- • Anti-Money Laundering and Proceeds of Crime
- • Bribery and corrupt practices
- • Central Bank of Kenya Prudential Guidelines
- • Consumer rights
- • Data Privacy & Cyber security
- • International Financial Reporting Standards
- • Unclaimed Financial Assets
- • Labour Laws
Risks advisory, Regulatory and Compliance matters relating to:
- • Advisory: Offering legal advisory to Bank of China Limited, one of the largest Banks in Peoples’ Republic of China, on Kenya’s policy, legal and regulatory framework governing financial sector in general and the setting up of a Representative Office in Kenya in particular, with respect to registration and licensing requirements applicable.
- • Syndicated Finance: Advising Kenya Ecumenical Church Loan Fund (ECLOF) a large community-focused Micro-Finance Institution (MFI) on an ongoing basis, in syndicated borrowing transactions to raise capital for onward lending to its customers. The Firm advises, negotiates, prepares and reviews extensive loan documentation involving multiple lenders (both local and foreign) in transactions valued at millions of US dollars.
- • Project Finance: Acted for project owners in negotiating and reviewing terms of Project Finance loan documentation for provision of Senior and Mezzanine debts to finance the costs of construction and operations of a 170-room hotel facility in Nairobi in a transaction involving 2 of the Kenya’s largest Banks, a deal valued at more than US$20 million.
- • Asset Finance & Mortgage Finance: Acting for Equity Bank, the largest Bank in East Africa Region by customer numbers and for Jamii Bora Bank, in retail and corporate lending segments where the firm handles on an ongoing basis, transactional work related to due diligence, preparation, stamping, registration and perfection of bank securities involving both moveable and immovable properties.
