Banking and Securities

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Banking and Securities

Legal Excellence in Banking, Finance, and Securities Law

Our banking and finance practice has carved out a niche as a trusted advisor. We have vast experience in banking, finance and securities disputes, general lending, leveraged finance, real estate finance and work-outs, micro-finance and social investments, restructurings and securitizations.

We advise on complex corporate finance and project finance transactions and have acted for several banks within Kenya on all types of finance transactions. The firm also undertakes a great deal of complex litigation arising out of banking and finance work and we also have significant expertise in providing general regulatory advice to local banks and financial institutions.

What legal issues should banks consider when lending?

Banks must consider several legal aspects, including:

  • Security interests: Ensuring collateral is legally valid and enforceable.
  • Regulatory compliance: Adhering to banking and financial laws.
  • Risk exposure: Evaluating a borrower’s financial health and repayment capability.
  • Loan agreements: Drafting enforceable contracts with clear terms and conditions.

Securities act as collateral for loans, reducing lender risk and ensuring financial security. They may include real estate, company shares, government bonds, or personal guarantees.

Yes, but the bank must follow legal procedures, including issuing demand notices and obtaining court orders where necessary. Debtors have the right to challenge unfair repossessions.

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