Banking & Finance / Non-Performing Loans

We assist clients to:

• Formulate strategies for the collection of bad debts and rescheduling problem loans.
• Interpret recent developments in banking laws and regulations and communicate with regulatory agencies.
• Evaluate the validity and enforceability of agreements and security rights.
• Negotiate and draft documents for loan transactions, including transfer, security and pledge agreements.

Non-Performing Loan Portfolio Practice

We assist clients with the establishment of Asset Management Companies (“AMCs”) and Asset Service Companies (“ASCs”) and advise ont the sale and purchase of non-performing loan portfolios (“NPLs”).

Establishment of AMCs and ASCs

• Advise on corporate structure and tax optimization
• Incorporate AMC and ASC entities
• Obtain required approvals and licenses
• For AMCs and ASCs with foreign investment:
• Obtain foreign investment approval
• Obtain work permits and alien resident certificates for expatriate executives
• Advise and draft joint venture agreements, shareholder agreements and coordination arrangements among shareholders and/or joint venture parties

Acquisition of NPLs

• Due diligence review and analysis of portfolio loans
• Assessment of foreclosure of mortgage on collateral and enforcement actions
• Advise on potential bankruptcy, compulsory execution and litigation issues
• Negotiate and draft purchase arrangement documents and participation agreements

Bid Support Activities

• Advise on legal risk, mortgage valuation, security interest issues
• Prepare and negotiate bid documents

Post-Acquisition Mangement

• Advise on work-out matters, including re-organization, re-sale, bundling, re-zoning and settlement of claims
• Bring court actions and litigate claims