Our Bank Securities Services Include:

1. Preparation and Perfection of Securities:

   • Drafting and registering legal documents for various security instruments, including charges, mortgages, guarantees, and debentures.
   • Ensuring the perfection of securities to safeguard lenders’ interests and comply with legal requirements.

2. Loan Agreements and Structuring:

   • Drafting and reviewing loan agreements for commercial and personal financing transactions.
   • Advising on the structuring of loans, including syndicated loans, revolving credit facilities, and asset-backed financing.

3. Collateral Evaluation and Verification:

   • Conducting due diligence to confirm the ownership and legal status of collateral offered as security.
   • Advising on the acceptability of various forms of collateral, such as real estate, movable assets, shares, or intellectual property.

4. Registration of Security Instruments:

   • Facilitating the registration of charges, debentures, and other securities with the relevant registries, including the Lands Registry, Companies Registry, and Collateral Registry.
   • Ensuring compliance with statutory timelines and procedures to protect creditors’ rights.

5. Release and Discharge of Securities:

   • Preparing and registering documents to release or discharge securities upon loan repayment.
   • Advising on partial discharges or substitutions of collateral where applicable.

6. Enforcement of Securities:

   • Assisting lenders in enforcing securities through lawful means, such as foreclosure, sale of collateral, or appointment of receivers.
   • Representing clients in court or arbitration proceedings related to default or disputes over security instruments.

7. Securitization and Asset Financing:

   • Advising on the creation of securitization structures, where financial assets are pooled and converted into marketable securities.
   • Drafting and perfecting documents for asset financing transactions, including equipment leasing and hire-purchase agreements.

8. Compliance with Banking and Financial Laws:

   • Advising on compliance with Kenya’s Banking Act, Central Bank of Kenya (CBK) regulations, and Movable Property Security Rights Act.
   • Ensuring adherence to Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements in security transactions.

9. Cross-Border Securities and International Financing:

   • Assisting in transactions involving foreign lenders or borrowers, including registration of securities with cross-border implications.
   • Advising on the enforceability of international loan agreements and collateral in Kenya.

10. Securities for Specialized Transactions:

    • Structuring and perfecting securities for specialized transactions such as project financing, public-private partnerships (PPPs), and real estate developments.
    • Drafting and registering floating and fixed charges for corporate borrowing.