Arbitration & Alternative Dispute Resolution
Aviation
Banking & Finance
Capital Markets
Commercial Law
Companies & Company Secretarial Support
Competition Law
Construction
Dispute Resolution
Employment & Industrial Relations
Energy
Foreign Investment
Information & Communications Technology
Insolvency & Restructuring
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Intellectual Property
Land
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Medical Law & Healthcare
Mergers & Acquisitions
Personal Data Protection & Privacy
Tax
Unit Trusts & Investment Funds
Wills, Probate & Administration
BANKING & FINANCE
 
The Banking and Finance practice is one of the most established practice areas within the firm as it has continued to represent financial institutions for more than 50 years.


The Team


We provide the knowledge and expertise of an experienced and well­-coordinated banking team within the setting of a full­-service commercial firm, with the capability to handle a variety of advisory and enforcement work in respect of conventional credit facilities, private debt securities and Islamic banking facilities based on Syariah concepts. Examples of the Islamic banking products on which we advise are Al Bai’ BIthaman Ajil (property financing), Al Ijarah (hire purchase and leasing) and Kafalah, Wakalah, Murabahah and Musyarakah (commercial facilities and trade financing). 


Clients


We are on the panels of most banks in Malaysia, having started off as a predominantly banking law firm in 1964. The firm also frequently represents foreign banks in a variety of cross-­border transactions, and has experience acting as Malaysian counsel on complex international deals involving multiple jurisdictions.


Services


Besides routine retail banking (conventional and Islamic), over the years we have represented clients in regard to the documentation for corporate banking, trade finance, securitisation and debt restructuring work, bonds, commercial papers, medium term notes and various other forms of loan stocks. Part of our work also involves advising financial institutions, both local and foreign, on compliance and regulatory issues under Malaysian law.

The firm routinely handles retail recovery portfolios for banks and other financial institutions. Off shore financial institutions also seek our services to act against local borrowers and security parties. In regard to the enforcement aspect of banking, much of our focus is on corporate recovery and enforcement of security where the sums to be claimed are normally very large and/or where the surrounding issues pose particularly difficult problems to our clients. In addition, we often advise lenders dealing with corporate debt restructuring exercises involving the issuance of private debt securities such as bonds and loan stocks. In this regard, the firm also deals with actions for recovery in instances where issuers of private securities have subsequently defaulted.

Whilst a large part of our work involves the recovery of debts owed to our clients, we are also very often retained to take on defence litigation work representing clients who are faced with allegations of breach of regulatory and statutory duties, and/or breach of contractual and/or juduciary duties to customers and security.

Clients often request our advice as to their template loan and security documentation to ensure that developments in the law are duly considered. We also work very closely with our clients to formulate policies on enforcement of legal rights, improve workflow and synchronise processes to ensure that recovery work can attain the best and most efficient results.

From time to time, we assist and advise our clients on queries and issues raised by regulatory bodies such as Bank Negara Malaysia, for example, in regard to the administration of borrowers’ accounts and the implementation of Bank Negara Malaysia guidelines. 


Additional Services


Our clients are provided with updates on relevant laws and training sessions are conducted with our clients from time to time where new and inexperienced staff may be given an insight into the legal aspects of applicable banking laws and the procedures relevant to the enforcement of our clients’ rights.


Recognition


The firm is highly recommended for banking and finance by the legal publication AsiaLaw Profiles for the years 2013 – 2016 and recommended in 2015 - 2017 by IFLR 1000 and Asia Pacific Legal 500.



Contacts


Ng Sai Yeang
Partner - Dispute Resolution
+603-26949999 (Ext 183)
nsy@rdl.com.my
Lim Siew Ming
Partner - Dispute Resolution
+603-26949999 (Ext 193)
siewming@rdl.com.my
   
Mark La Brooy
Partner - Dispute Resolution
+603-26949999 (Ext 168)
marklabrooy@rdl.com.my
Joyce Teh Yen Yen
Partner - Corporate & Commercial
+603-26949999 (Ext 139)
joyceteh@rdl.com.my
   
Chong Mei Mei
Partner - Corporate & Commercial
+603-26949999 (Ext 131)
chongmeimei@rdl.com.my
Wong Quan Sean
Partner - Corporate & Commercial
+603-26949999 (Ext 130)
qswong@rdl.com.my
   
 
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