Asset Finance and Leasing

Asset Finance and Leasing

We are market leaders for asset finance and leasing 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 leasing 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 its financing of a sea vessels purchase and the mortgage of a fleet; and
• advice to the Eurasian Development Bank on the financing of the construction of sea vessels and the purchase and mortgage of vessels under construction.

Aircraft finance

• acting as Kazakh legal counsel on behalf of a foreign lessor and the security trustee on matters relating to Kazakhstan legislation in connection with an aircraft lease (Ijara) agreement;
• acting as Kazakh legal counsel on behalf of a foreign lessor on  matters relating to Kazakhstan legislation in connection with an aircraft engine lease agreement; and
• advice to a Chinese bank on its acquisition transaction and further pledge of aircrafts and aircraft engines located in the Republic of Kazakhstan.

Publications:

• Kazakhstan Regulatory Issues: Practical Observations

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RATING

"The team is noted for its strength in banking and finance matters"

"The team has particular expertise in banking and finance"