Financial Services

Relying on the depth and breadth of our expertise, ClarkeKann’s Financial Services team structures and executes deals that suit market conditions.

Our clients, ranging from financial institutions, public and private companies to individuals, trust us with the full range of finance transactions, including real estate, construction, corporate finance and securitisation, as well as finance litigation and recoveries.

We can assist on the entire transaction, from structuring and term sheet negotiation, through to documentation, satisfaction of conditions precedent and financial settlement.

We have drafted precedent documents for a number of our key clients, including their loan and security documents, guarantees, valuer’s instructions, due diligence checklists for trusts, companies and real estate, deeds of priority and builder’s side deeds.

We provide advice to participants in the funds management industry including responsible entities, custodians and investment managers. We have experience with the Significant Investor Visa regime.

Services

  • Agrifinance
  • Structured finance
  • Construction finance
  • Funds management
  • Lease and equipment finance
  • Primary debt and mezzanine funding
  • Project finance
  • Trade finance
  • Preferred equity / joint venture arrangements
  • AFSL licensing, licensing under the National Consumer Credit Protection Act and other compliance issues

Experience

StockCo Group

Drafting pro forma documentation for this agrifinance cash flow lender, advising on implementation of PPSA policies and procedures, various recovery actions and acting on substantial structured finance arrangements to provide wholesale funding, including securitisation, complex senior finance club facility arrangements and a $30m note issue.

Realm Adelaide (Adelaide’s tallest building)

Acting for the sponsor on numerous complex financing transactions to fund the completion of this landmark project including a $126 million construction facility structured as a syndicated loan note, two mezzanine facilities, two residual stock loans and security arrangements with a previous owner to protect rights to transfer back certain built assets.

AMAL Trustees Pty Limited

Assisting AMAL with their appointment as an independent trustee to newly established funds, including reviewing trust deeds, investment management agreements and information memorandums.

Fidelity Capital

Documenting real estate finance transactions and drafting precedent leasing finance documents to ensure compliance with applicable laws.

Bank of China

Documenting transactions across a range of areas including term loans, lines of credit, trade facilities and dual currency facilities.

Epic Property Investments Limited

Advising in relation to compliance with requirements of its Australian Financial Services Licence, corresponding with ASIC, applying for variation of conditions of AFSL and negotiating terms with financiers of the group.

Indigo Agriculture

Assisting and advising this US headquartered agriculture company with its offer documentation dealing with the supply of seeds coated with its microbial technology and pre-payment of the resulting crop, in conjunction with the implementation of PPSA policies and procedures.

Insights

Climate-related Risks for Financial Services Companies

Climate-related Risks for Financial Services Companies

Key takeaways: The Australian Prudential Regulation Authority (APRA) is ramping up regulations on climate–related risks and taking submissions for its new guidelines. The guidelines are not enforceable requirements, but it shows that regulators are pushing the...

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ClarkeKann Lawyers Sydney sharpens commercial focus

ClarkeKann Lawyers Sydney sharpens commercial focus

ClarkeKann’s commitment to delivering solution-based outcomes for our clients remains at the centre of our offering. Providing qualified, trustworthy, bespoke legal advice with a particular focus across our core areas of expertise; Agribusiness, Intellectual Property...

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