Our services. Banking and Finance

Commercially-focused legal advice from Banking and Finance specialists.

With a consistent Tier One ranking in The Legal 500 for the past 20 years, Cains has a top tier Banking and Finance team that regularly advises on complex multi-jurisdictional banking and finance transactions. The specialist team is regularly instructed in respect of real estate, acquisition, project and asset finance matters, capital markets including debt issues and securitisations and derivative transactions and sales of performing and non-performing loan portfolios.

The lawyers in our Banking and Finance team, many of whom have worked in the City of London and other leading financial centres, are highly respected experts in the field of offshore banking and finance work and are consistently recognised as leading individuals by international legal directories including The Legal 500 and Chambers and Partners.

Our expertise.

  • Debt Capital Markets

    Isle of Man corporate and other investment vehicles including REITs have built up an enviable track record for successfully raising debt funds via global capital markets. Such companies have also been used to access the LSE’s main market, AIM and other major exchanges, including those in New York, Singapore and Frankfurt. Since 2017, The International Stock Exchange (formerly the Channel Islands Stock Exchange) has had an office in the Isle of Man and has already seen a number of local issuers successfully list debt securities on it.

    We are at the forefront of developments in our jurisdiction and have played a leading role over a number of years in the listing of many Isle of Man companies. Lawyers in our debt capital markets team have extensive experience of advising issuers, their arrangers and underwriters in respect of high value issues of international debt securities, both secured and unsecured on, among others, the London, Luxembourg, Dublin and New York Stock Exchanges.

  • Derivatives

    Our lawyers regularly act for the world’s leading banks and other financial institutions, hedge funds, prime brokers, arrangers, industry bodies and a diverse range of counterparties on OTC, exchange traded and centrally cleared derivative transactions as well as repo and stock-lending transactions. We provide Isle of Man law netting and collateral opinions in respect of a whole range of Isle of Man counterparties, including companies, partnerships, funds, trusts, insurance companies, banks/credit institutions, other financial institutions and individuals, entering into industry standard documentation issued by bodies such as ISDA, FIA, ICMA and ISLA.

    We also provide detailed and reasoned opinions on the Isle of Man law aspects of Isle of Man counterparties entering into banks’ and other financial institutions’ own form set-off, netting, cash pooling and collateral documentation. We advise such clients on related insolvency, collateral, netting and recharacterisation issues.

  • Fund Finance

    We have considerable cross-practice experience in assisting sponsors and other parties utilising fund vehicles established in the Isle of Man, particularly limited partnerships, to raise capital including leverage through debt facilities, for a variety of investment purposes. The Island has both an investor and creditor friendly legal system, founded on the principles of English common law. Isle of Man limited partnerships may be established with or without legal personality and offer the flexibility to return capital prior to their winding up. Investors are comforted by the fact that the relevant Isle of Man legislation sets out a list of “safe harbour” activities that will not result in limited partners being regarded as involved in the management of the partnership and consequently losing their limited liability status. Examples of fund finance transactions we are frequently instructed on include loans to general partners, capital call or subscription line facilities, margin loan facilities, derivative and repo transactions.

  • Real Estate Finance

    Our expert lawyers have unrivalled knowledge of the real estate finance market as a result of advising local and international financial institutions, non-bank lenders, insurance companies, security agents/trustees, property funds, pension funds and other real estate investors and developers on all aspects of real estate financing over many years. We advise on financings across a broad range of industry sectors including residential and serviced office developments, distribution centres, data-centres, pubs, hotels, nursing homes, shopping centres, retail parks and student accommodation.

    We regularly advise lenders and borrowers, including Isle of Man limited partnerships and property unit trusts, in relation to syndicated loan facilities, acquisition finance facilities, the refinancing of existing debt facilities secured against real estate assets and, where necessary, consensual and non-consensual restructurings of property holding structures where the creditor friendly nature of the Island’s security and insolvency laws facilitates such restructurings at a holding company level.

  • Ship and Aviation Finance

    Our Shipping and Aviation team are the most experienced and active on the Isle of Man. Our unrivalled local knowledge encompasses the Isle of Man aspects of commercial and business aviation, commercial shipping and superyacht finance. Our lawyers advise on a wide range of transactions in these sectors, including aircraft and vessel (asset) finance and leasing, corporate finance, private equity investment, insolvency, restructuring, security enforcement and litigation.

    We act for a broad range of global clients in these sectors and our expertise includes commercial banks and financial institutions, boutique financiers and alternative lenders, investments funds, export credit agencies, commercial aviation lessors, airlines, multi-national shipping companies, operators and managers, cruise lines, manufacturers and shipyards, high net worth individuals, and stars from the worlds of sport and entertainment.