This major practitioner text analyses the legal issues surrounding international finance transactions operating under English law. The work provides a detailed transaction-led discussion of all aspects of international financing, with supporting analysis of the commercial and regulatory background and the legal principles which underpin international finance practices. The author discusses and tackles the problem areas with valuable references to the relevant authorities.
A comprehensive treatment of the subject is provided with topics including regulation of banking activities, loan facilities, jurisdiction and the resolution of disputes, legal opinions in financial transactions, syndicated lending, bond issues, derivatives and structured finance, given substantial coverage. There is also rare coverage of the types of transaction that are used in equipment financing.
Conflicts of law issues and cross-border insolvency are examined in considerable detail with problem issues identified and discussed at length. For example, the author examines how to determine which governing law should be applied in order to resolve a dispute and the effect of foreign legislation on a transaction. The Legal Opinions chapter contains three specimen forms of legal opinion, with supporting, explanatory commentary: English law legal opinion, foreign law opinion as to foreign borrower and foreign law opinion as to foreign security.
This is a major new authority for all those involved in international finance transactions structured according to English law. Comprehensive and highly analytical, this work provides important solutions to those difficult issues confronting practitioners specialising in international finance.
Contents:
PART A: INTRODUCTORY AND GROUND LEVEL MATTERS
1. Introductory Matters
2. Banking Regulation
3. Loan Facilities
PART B: CONFLICT OF LAWS AND CROSS-BORDER ISSUES
4. Conflict of Laws in Transactional Matters
5. Cross-border Insolvencies
6. Jursidiction and the Resolution of Disputes
7. Sovereign Immunity, International Organisations and State Insolvency
8. Legal Opinions
PART C: COMPOSITE AND SPECIALISED FINANCING TRANSACTIONS
9. Syndicated Lending
10. Bond Issues
11. Derivatives Transactions
12. Loan Transfers, Securitisation and Structured Finance
13. Project Finance
PART D: SECURED TRANSACTIONS, EQUIPMENT FINANCE AND GUARANTEES
14. Secured Transactions
15. Equipment Finance
16. Guarantees
17. The Reform of the English Law of Secured Transactions
Andrew McKnight, Solicitor and Consultant, Salans; Visiting Professor of Law at The London School of Economics & Political Science and also at Queen Mary College, University of London
Andrew McKnight has been a practitioner and academic specialising in English and international banking and finance law for many years. As a practising solicitor, he has specialised in financing transactions, comprising debt, asset-based and other related instruments, as well as cross-border work. His work has involved advising financial institutions, borrowers and issuers in the provision of finance and financial products to financial institutions, state and public sector bodies, large corporates and for projects. This has included new financings, re-financings, financial reconstructions and insolvency, secured finance, asset and receivables purchase, transfer and user arrangements, capital markets and structured financings. He has also advised on regulatory issues concerning financial institutions in the UK. He is based in London and is now a consultant to an international law firm, having previously been a partner in a City of London law firm for 12 years, including being the managing partner of its banking department for two years. Prior to that he worked as an associate solicitor in London, Tokyo and Sydney.
He also holds two academic posts, being a Visiting Professor of Law at The London School of Economics and Political Science and also at Queen Mary College, University of London. He teaches post-graduate courses on banking, secured finance and international finance at those institutions for the LLM degree.
PART A: INTRODUCTORY AND GROUND LEVEL MATTERS; 1. Introductory Matters; 2. Banking Regulation; 3. Loan Facilities; PART B: CONFLICT OF LAWS AND CROSS-BORDER ISSUES; 4. Conflict of Laws in Transactional Matters; 5. Cross-border Insolvencies; 6. Jursidiction and the Resolution of Disputes; 7. Sovereign Immunity, International Organisations and State Insolvency; 8. Legal Opinions; PART C: COMPOSITE AND SPECIALISED FINANCING TRANSACTIONS; 9. Syndicated Lending; 10. Bond Issues; 11. Derivatives Transactions; 12. Loan Transfers, Securitisation and Structured Finance; 13. Project Finance; PART D: SECURED TRANSACTIONS, EQUIPMENT FINANCE AND GUARANTEES; 14. Secured Transactions; 15. Equipment Finance; 16. Guarantees; 17. The Reform of the English Law of Secured Transactions
