Practice Areas
Finance Transactions
Our firm drafts various contracts, including loan agreements, security agreements such as mortgages, and co-lenders’ agreements, and also prepares legal opinions for various finance transactions (e.g., securitization and other types of structured finance, loans, formation of silent partnerships and other domestic and foreign funds) at the request of financial institutions such as banks and registered financial instruments business operators. We also draft contracts (e.g., domestic investment limited partnerships, foreign limited partnerships) for the formation of funds (e.g., hedge funds, private equity, venture capital) and provide advice on related issues.
For information regarding the issuance of equities (stocks, stock warrants, etc.) and corporate bonds, please see the “Capital Markets” page. We regularly handle the drafting of documents in English.
Our firm also advises on finance-related laws, such as the Financial Instruments and Exchange Act, Banking Act, and Trust Business Act. Some of our attorneys have experience working on secondment at financial institutions (banks, securities brokers, asset managers, etc.) and will thus be able to handle matters with an intimate knowledge of our clients’ actual practice and needs.
Representative matters in which our attorneys have been involved
- Represented both lenders and borrowers in various finance transactions including the securitization of real estate and loans, cash-flow financing, and syndicated loans. Specifically, designed and analyzed structure, drafted legal opinions, and drafted and checked agreements and other relative documents.
- Collected debts of finance claims by exercising the right of pledge for trust beneficiary rights (both privately and by legal action) and by exercising the general security interest (e.g. foreclosure of secured real property, attachment of rent) in the event payment defaults in non-recourse loans or specified bonds under the Act on Securitization of Assets.
- Represented an investment fund by drafting and negotiating agreements to make an investment (business and capital alliance) in a publicly held company and advising on the relevant laws, regulations, and stock exchange rules.
- Advised on an investment scheme for a fund that makes real estate investments, and drafted and negotiated various agreements including silent partnership agreements.
- Represented lenders, borrowers and arrangers on power generation projects of various renewable energy (such as solar energy, wind energy, biomass energy and geothermal heat).
- Handled formation of real estate securitization using the specific purpose company or Tokutei Mokuteki Kaisha (TMK) under Act on Securitization of Assets, and of liquidation of real estate based on the Real Estate Specified Joint Enterprise Act.