Fund Finance
Allen & Overy’s global fund finance practice has extensive experience in advising banks, agents, alternative lenders and investment fund managers on a broad range of upstream and downstream facilities.
Our lawyers bring in-depth technical and commercial knowledge to a wide range of lending structures across the fund finance spectrum. Working alongside specialist lawyers in our real asset (including private equity, real estate, transportation and infrastructure), tax and regulatory teams, we offer an exceptional breadth of experience and as a result our clients benefit from our clear understanding of the current legal and commercial issues relevant to all parties in fund finance transactions.
A particular strength is our ability to offer specialists across our global fund finance practice and in the key areas of finance, fund establishment, tax and regulatory. These specialists frequently work together on financing transactions involving different types of assets across multiple jurisdictions. We regularly work on facilities with European (including UK and Luxembourg) and offshore (including Channel Islands and Cayman Islands) entities. We have a deep understanding of the issues relevant both for financiers and also for funds and their investors.
We advise clients on
Asset backed facilities (NAV based)
Capital call and subscription credit facilities
Fund due diligence for lenders
Hybrid facilities
A facility which looks down at the underlying assets (as for an asset backed facility) as well as requiring there to be headroom in the undrawn commitments of investors.
These can be:
- ‘true’ hybrid facilities, including full security and credit analysis on the investors, the funds assets and underlying cashflows; or
- a variant on a capital call facility with an additional net asset value covenant inserted which will take effect once the ratio of undrawn investor commitments to financial indebtedness reaches a particular level.
Umbrella facilities
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News & insights
Publications: 20 JANUARY 2020
MAS consultations on the regulation of digital payment tokens
The Monetary Authority of Singapore (MAS) has issued three new consultations each dealing with different aspects of the regulation of digital payment tokens (DPTs) under the Payment Services Act (PSA). It has also recently clarified that where a DPT may be characterized as either a debenture or as e-money, its policy approach will be to regulate it as e-money. Note that the PSA will come into force on 28 January 2020.
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Publications: 20 JANUARY 2020
Singapore company wound up in the U.S not allowed to block enforcement of charge over its shares
In a recent case, the High Court had to consider whether to apply a moratorium to the enforcement of a share charge taken over the shares in a Singapore company where that company was subject to insolvency proceedings in the United States. It held that it had no basis to do so under section 259 of the Companies Act which renders void a transfer of shares in company made after the commencement of a winding up by the Singapore Court as that section did not apply to a foreign proceedings.
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Publications: 02 DECEMBER 2019
Important clarifications for the Luxembourg fund industry on AML CFT requirements
Taking into account the results of the Luxembourg national risk assessment which classifies the fund industry as high ML/FT risk, the CSSF clarifies that Luxembourg regulated funds, like Luxembourg investment fund managers (IFMs), are required to appoint two persons in charge of AML/CFT.
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News: 26 NOVEMBER 2019
Financing of approximately GBP1 billion for Silvertown Tunnel reaches financial close
Allen & Overy has advised a consortium involving Aberdeen Standard Investments, BAM PPP PGGM, Cintra, Macquarie and SK Group in connection with the design, building, financing, maintenance and operation of the Silvertown Tunnel, a twin-bored tunnel under the River Thames between the Greenwich peninsula and Silvertown. Through the ownership by the consortium of RiverLinx Limited, Silvertown is being developed as a public-private partnership with TfL.
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