We possess vast experience, knowledge and skill in the realization of securities and debt recoveries. In handling recoveries, we undertake a study of the securities to determine their enforce-ability and thereafter proceed to determine the best mode of recovery whilst also dialoguing with the borrower so as to ensure a non-antagonistic recovery process which bears in mind the reputational risk of your Institution among others.

In our debt recovery function, we endeavor to have a peaceful debt recovery process that bears in mind the reputational and commercial risks that may arise from the process hence an out of court approach is always first with recourse to court coming as last resort and especially where the relationship of the borrower with your institution is irretrievably broken.

In instances where receivership becomes necessary, we handle distress borrowers and manage their affairs to ensure that the lender recovers their money. A cost benefit and recover-ability analysis is fist carried out and based on the findings, the appropriate mode of procedure is determined.

We carry out due diligence searches at the Companies, Lands and Court Registries to advise your Institution of any pending actions that may affect the position of the borrower company vis-à-vis ability to continue business, Directors of a company, authority to borrow, prior charges created by the borrower keeping in view that the register of charges is not wholly reliable as some securities such as Charge Pledges are not registrable among others..

We can also investigate and carry out audits of your Institutions’ securities and advise on the validity of their creation and enforce-ability.

Under this, we ordinarily study the available documentation on file from the identification of the Borrower, loan application process and documentation which include but are not limited to the memorandum and articles of association, loan agreements, mortgage deeds, borrower address, guarantors, title deeds, lease terms of title where applicable, execution of deeds among others..

We further search the appropriate registries to ensure that your institutions’ securities are registered and are correctly described and entered on the register.

This is concluded with a final report detailing our findings and recommendations.

We understand deal structuring with a full appreciation of risk and its allocation, latest legal reasoning and contracting and offer advice across a range of areas that lenders will be faced with in the projects they are financing including; regulatory approvals and licensing, real estate acquisition, development and financing where we always have the lenders concerns at the forefront of our advice.

We have the necessary skill and experience to handle and advise on several aspects of corporate, trade, infrastructure and structured financing issues among others.

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It is expected that any Financial Institution that has been the practice is sued when enforcement commences. Our litigation team working with the corporate, commercial and banking and securities teams possesses the skill, experience and knowledge of the workings of the court systems that are come in necessary in defending your Institution in such actions be it on wrongful realization of security, lack of spousal consent, unenforceability of securities, punitive and illegal interest among others.

Besides actions related to lender borrower transactions, are actions arising from the Institution’s relationship with its customers such as errors in the management of company accounts among others. We are able to advise on the resolution of such disputes as we have a good mastery of banking law and litigation.