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Banking Law
Houda Law Firm assists its clients in strategic financing operations in West Africa.
Our credit provider clients are banks, credit companies, investment banks, investment funds, insurance companies, trust and loan companies and other financial institutions.
We also represent and advise corporate borrowers, trusts and institutional borrowers on their financing needs.
We also support our clients in all matters of financial management and associated decisions and strategies.
The firm is present at every stage of this process :
- Verification of the legal compliance, and , or regularity of the financing project with the regulations on credits, and, or loans and financial relations;
- Legal review of foreign exchange regulations and controls;
- Assistance in the implementation of conditions precedent (declarations for statistical purposes, foreign exchange authorisations, etc.)
- Drafting, and, or waiver, assistance in the implementation of conditions precedent in collaboration with the lenders, and, or borrowers;
- Drafting, and, or revision of the financing agreement;
- Assistance in the implementation of conditions precedent;
- Drafting of guarantee and security deeds (borrower’s guarantee, personal and joint guarantee, assignment agreement, etc.);
- Analysis and registration of securities under Senegalese, and, or Ivorian law;
- Participation in meetings to review financing and guarantee contracts between the Borrower and the Lender(s);
- Drafting of a legal opinion on the validity under Senegalese law of the Financing Agreement, the Guarantee and Security Agreements;
- Assistance and legal and tax advice on all legal matters.
Corporate finance
Corporate finance is now seen as a lever to increase the value of a company for its shareholders.
Our know-how in OHADA commercial law and other associated and relevant legislation enables us to assist our clients in making investments that increase the profitability and long-term sustainability of their businesses.
In Senegalese, and OHADA law, the firm is involved in all stages of project financing operations, whether public, private or in partnership. From the structuring of the contractual framework, drafting and negotiating the financing documentation, choosing and setting up guarantees adapted to the project, executing the contracts, refinancing and restructuring existing arrangements.
We advise corporate managers and other financial partners on the structure and sources of capital for their companies, and on dividend policy, in full compliance with local and EU laws.
In order to meet our clients’ needs as closely as possible, we guide them towards structures that allow for optimal tax treatment (determination of partner, and, or shareholder location schemes, creation of holding companies, etc.).
Islamic Finance
Islamic finance is one of the major fields of application of Islamic economics.
Our teams have extensive experience in a variety of areas related to Islamic finance, including project development and financing, banking law, mergers and acquisitions, joint ventures, and restructuring and insolvency.
We assist banks, investors and investment funds in Shariah compliant transactions.