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Asset Finance and Real Estate Finance
Asset Finance and Real Estate FinanceWe are market leaders
for asset finance and real estate finance work among law firms in
Kazakhstan. We have extensive experience in all aspects of aviation and
sea vessels finance and regulation, and have a varied client base
including airlines, lessors, arrangers, banks and manufacturers. We
regularly advise investors, developers, occupiers and financial
institutions on the largest and most complex real estate transactions
in Kazakhstan. The services we render include:
Sea vessels and aircrafts finance - development of the optimal legal structure of a project;
- analysis of legal risks affecting the project structure;
- development of plans for the allocation of legal risks in terms of the financial instruments to be used;
- transaction
structuring and preparation of transaction plans for clients with an
analysis of the options for project finance, and/or combining debt,
equity and other ‘hybrid’ options for project finance;
- appraisal
of the applicability of state support instruments to the project and
the development of plans for the state involvement in the project;
- preparation of the package of documents for an investment project to obtain project finance with State support;
- optimisation
of the process of approval and obtaining of opinions on the project at
all stages in ministries and departments engaged in the project’s
selection;
- development of contractual and other documents
regulating the legal relationships between the SPV, sponsors,
creditors, operators and other project parties;
- negotiations on the project structure with the key project parties;
- advice to clients on project issues, including the settlement of conflicts of interests;
- drafting
of pledge agreements, mortgage agreements, guarantees, sureties,
security assignments and other security documentation. Registration of
the pledges with the relevant state authorities of Kazakhstan;
- drafting
of the resolutions of the bodies authorised by the borrower for the
approval of large transactions and interested-party transactions made
in connection with a loan raising;
- drafting and issuance of legal opinions under Kazakh law;
- interaction with public authorities to obtain necessary approvals (if necessary).
Real Estate - development
of organisational legal models for fee-development and joint
implementation of projects with consortiums, landlords, developers and
contractors;
- development of the financing structures abd
organisational legal models of development and the legal procedures for
the implementation of projects;
- recovery of developers’ liquid assets for the benefit of investors, banks, creditors;
- land relations, design and construction relations in PPP projects. Structuring and risk management;
- drafting of agreements including EPC and EPCM contracts, agreements protecting either construction party;
- legal due diligence of assets, companies, and holdings;
- consulting
and contractual support of investment contracts and other transactions
involving state property or state co-financing.
Recent Experience: Sea vessels finance - advice to the International Finance Corporation on the financing of a sea vessels purchase and the mortgage of a fleet;
- advice
to the Eurasian Development Bank on the financing of sea vessels
construction and the purchase and mortgage of vessels under
construction.
Aircraft finance - acting
as Kazakh legal counsel of the foreign lessor and the security trustee
as to matters of Kazakhstan law in connection with an aircraft lease
(Ijara) agreement;
- acting as Kazakh legal counsel of the
foreign lessor as to matters of Kazakhstan law in connection with an
aircraft engine lease agreement.
Publications:_______________________________________________________________________________________________________________ RATING 
"The
team is noted for its strength in banking and finance matters" 
"The team has
particular expertise in banking and finance" |