Banking & Finance
The Banking and Finance practice is one of the most established practice areas within the ﬁrm as it has continued to represent ﬁnancial institutions for more than 50 years.
The ﬁrm is highly recommended for banking and finance by the legal publication AsiaLaw Proﬁles for the years 2013 – 2016 and recommended in 2015 – 2019 by IFLR 1000 (International Financial Law Review) and Asia Paciﬁc Legal 500.
We provide the knowledge and expertise of an experienced and well-coordinated banking team within the setting of a full-service commercial ﬁrm, 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.
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 ﬁnancial institutions, both local and foreign, on compliance and regulatory issues under Malaysian law.
The ﬁrm routinely handles retail recovery portfolios for banks and other ﬁnancial institutions, local and offshore. 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.
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 ﬁduciary duties to customers.
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.