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The banking sector in Asia is one of the most dynamic and diverse in the world, with a mix of developed, emerging, and frontier markets. The region offers vast opportunities and challenges for banks, financial institutions, borrowers, and investors, as they navigate the economic, social, political, and regulatory changes and uncertainties. The banking sector is also undergoing rapid transformation and innovation, driven by digitalisation, fintech, sustainability, and inclusion.
Financial institutions must now deliver more than return on equity while businesses worldwide continue to be enthralled in the hustle to meet the needs of its stakeholders. Your greatest asset will be the ability to identify opportunities and innovate effectively.
Atop a wealth of experience and the understanding of regulatory frameworks across Southeast Asia, our Banking & Finance Regional Practice offers astute and comprehensive legal advice to domestic and international banks, other financial institutions, and their clients on a wide variety of instruments to fit current and future objectives.
We have extensive experience and expertise in various areas of banking and finance law, such as project finance, asset finance, structured finance, Islamic finance, trade finance, debt capital markets, derivatives, financial regulatory, restructuring and insolvency, and fintech. We can help you achieve your goals and protect your interests in any banking and finance matter.
Featured insights
Guide to Lending and Security in Southeast Asia
It is increasingly common to see the footprint of finance transactions spanning different jurisdictions. It is thus vital for businesses to be able to manage the cross-border legal issues that may arise from such regional arrangements. This Guide provides a useful overview of key legal and regulatory requirements and addresses typical issues and considerations concerning lending and security in Southeast Asia.
Full Suite of Services
Our Banking & Finance Regional Practice offers a comprehensive range of services to our clients, covering all aspects of financing transactions and regulatory matters. Some of the services we can provide you include:
- Negotiating, drafting, and reviewing loan agreements, security documents, guarantees, and other related contracts that suit your needs and expectations
- Advising you on the legal and regulatory framework and requirements for banking and finance activities in the region, including licensing, compliance, anti-money laundering, sanctions, data protection, and consumer protection, and helping you comply with them
- Assisting you in obtaining approvals, consents, and waivers from relevant authorities and regulators that are necessary for your transactions
- Conducting due diligence and risk assessment on the financial condition, assets, liabilities, and operations of borrowers, lenders, and other parties involved in financing transactions, and alerting you of any potential issues or concerns
- Structuring, documenting, and executing complex and innovative financing solutions, such as syndicated loans, project finance, asset finance, structured finance, Islamic finance, trade finance, debt capital markets, derivatives, and fintech, that meet your objectives and requirements.
Our Expertise
Our Banking & Finance Regional Practice has a team of highly qualified and experienced lawyers who have in-depth knowledge and understanding of the banking and finance industry and the legal landscape in the region. Our practice has lawyers who are qualified in multiple jurisdictions, such as Singapore, Malaysia, Indonesia, Thailand, Vietnam, Cambodia, Myanmar, Laos, Philippines, and China. Our practice also has lawyers who have worked in or with international law firms, banks, financial institutions, and regulatory bodies, giving them a global perspective and a practical approach to banking and finance matters.
Our team has been recognised and ranked by various reputable legal directories and publications, such as Chambers Asia-Pacific, The Legal 500 Asia Pacific, IFLR1000, asialaw, and Asian Legal Business. Our practice has also received numerous awards and accolades for its excellence and innovation in banking and finance law, such as the Asian Legal Business Southeast Asia Law Awards, the IFLR Asia-Pacific Awards, the Islamic Finance News Awards, and the Asia Business Law Journal Awards.
Corporate Banking
We regularly advise banks, financial institutions, funds and corporates on:
- Domestic or cross-border syndicated and bilateral lending transactions
- Security arrangements
- Leveraged and acquisition finance
- Registration and enforcement of loans and security
- Loan restructuring
- Sale and purchase of loans
- Asset financing.
Green and Sustainable Finance
We act for banks and businesses in green and sustainability financing, addressing concerns on
- Fulfilment of legal and technical requirements of the Green Loan Principles and Sustainability Linked Loan Principles
- Commercial and economic objectives of transactions
- Compliance with lending criteria and policies of banks.
Trade Finance
Our active trade and commodity finance practice often advises clients such as producers, financiers, traders, and transports on pre-export, advance payment, import and stock financing facilities.
We also have broad experience in collateral management arrangements and taking security over soft and hard commodities, both locally and regionally, which allows your transactions to be executed smoothly.
Islamic Banking
We also frequently advise and act for Islamic banks, conventional banks, financial institutions, and corporate bodies on a selection of Islamic Finance products including:
- Mudaraba
- Muabaha
- Musharaka
- Ijara
Project Finance
Our skilful team advises sponsors, banks, other financial institutions, and export credit agencies on the financing aspects of projects in a range of industries, including:
- Green-field power generating facilities (such as gas and coal powered, and hydroelectric)
- Water supply systems
- Port infrastructure
- Petroleum and petrochemical storage, and terminal facilities
- Integrated resorts
- Integrated real estate developments
No matter how conventional or novel, big or small, our lawyers will see your project through from inception to financial close.
Structured Finance
Whether you are an originator, structurer, lead manager, rating agency, trustee or service provider, our lawyers are ready to offer specialised legal advice on domestic and cross-border securitisation transactions relating to:
- Corporate issues
- Finance issues
- Tax issues
- Disclosure issues
- Regulatory issues.
Debt Capital Markets
Entrust your matters to our highly skilful lawyers known for integrating their transactional experience gained at the world’s most elite law firms with strong technical expertise which gave rise to a well-regarded debt capital markets practice capable of leading and executing the full spectrum of complex and innovative cross-border transactions involving a multitude of debt products.
Support from our full-service regional offices also enhances our ability to devise multidisciplinary solutions which will address your funding needs, even with rapidly changing market conditions.
We leverage our network of leading firms in Asia to represent and advise clients such as issuers and underwriters on:
- International bond issues (including MTN programmes)
- Domestic bond issues (including retail products)
- Securitisation and covered bonds
- Exchange offers
- Bank capital instruments
- Straight bonds
- Equity-linked bonds
- Islamic bonds (Sukuk)
- Liability management
- Debt restructuring.
Related Links
Recognition
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Bands 1 & 2 - Banking & Finance (Singapore, Malaysia, Indonesia)Chambers Global (2024)
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Tiers 1 & 2 - Banking & Finance (Indonesia, Malaysia, Philippines, Singapore)The Legal 500 Asia Pacific (2024)
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Tiers 1 & 2 - Banking & Finance (Indonesia, Malaysia, Singapore)IFLR1000 (2024)
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Band 1 - Banking & Finance: Domestic (Singapore)Chambers Global (2024)
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Ranked - Banking & Finance (International Firms)Chambers Global (2024)
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They don't rest on their laurels. They are able to bring their best to bear on each new financing transaction. They are very customer-focused and their service is top notch."Chambers Asia-Pacific 2024 (Singapore)
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"Rajah & Tann are acutely aware of the commercial context in rendering legal advice to navigate a regulatory minefield instead of delivering textbook answers."Chambers Asia-Pacific 2024 (Singapore)
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"They are succinct and knowledgeable with respect to Indonesian regulations and industry practice for banking matters"Chambers Asia-Pacific 2024 (Indonesia)
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"The Rajah & Tann team are comfortable with complexity and have the ability to simplify complex topics into core points."Chambers Global 2024 (Singapore)
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"They have a strong comprehension of the law and provide solutions while navigating the complexity of the matters."Chamber Global 2024 (Indonesia)
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"Christopher & Lee Ong can draw upon their experience and a wide variety of partners to come up with creative yet legally sound solutions."Chambers Global 2024 (Malaysia)
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Rajah & Tann Singapore's lawyers are sought after by major banks and corporate borrowers due to an excellent track record in both large and mid-sized work, from traditional banking and syndicated lending to project and real estate finance. The team is capable of handling Shari'a-compliant financings and green financing. It additionally offers notable regulatory expertise regarding fintech issues and digital licence applications. The regional offering is well placed to handle cross-border instructions due to its network of offices across the region, including in Myanmar, Malaysia, Thailand, Indonesia, Vietnam and China. Key clients of the department include Pace Enterprise, HSBC and OCBC.Chambers Global 2024 (Singapore)
“The team at Rajah & Tann have always been able to find solutions even when dealing with counterparties across multiple jurisdictions.”
Chambers Asia-Pacific 2023 (Singapore)
Our Regional Banking & Finance Team
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Consultant, Christopher & Lee Ong