Banking & Finance
Ranked as one of the top banking practices in New Zealand
The 'very commercial and knowledgeable" Nigel Oliver and 'leading individuals' Grant Goldsmith and Crispin Vinnell are all ranked in the 2017 Asia Pacific Legal 500. Grant, Nigel and Crispin are also ranked in the 2017 Chambers and Partners directory. The team are recognised in the Guide as being 'excellent, friendly, helpful and professional.'
"Extremely high intellectual skill level." (Chambers and Partners 2017)
Our multi-disciplinary team has specialist knowledge acting for leading national and international banks and financial institutions and has helped advise them on many challenging deals. Examples of work are syndicated lending, bilateral lending, security sharing arrangements, project finance, acquisition finance (including management buyouts and buy-ins), negative pledge lending and mezzanine finance.
We tailor advice to foreign law firms, banks and institutions on New Zealand banking rules and transaction and governing law issues. We provide foreign law legal opinions concerning the enforceability of banking documents.
We are recognised for our industry-specific legal work, including property finance, leveraged finance, agriculture finance, maritime and shipping finance, irrigation schemes (including structuring and public issuer compliance), fisheries and aquaculture finance, aviation finance and retirement village funding.
We also provide a range of documentation, including precedent documents, and advise on legislative compliance, for example, the Credit Contracts and Consumer Finance Act 2003.
"They are very good, their service has not faltered, and they remain nimble and highly cost-effective." (Chambers and Partners 2016)
Anthony Harper’s corporate clients prefer to work with us in their dealings with banks, recognising the significant benefits that come from working with lawyers who are experts in the banking and finance sector. Our advice covers all corporate finance matters from the establishment of new banking arrangements through to compliance, reporting, restructuring and refinancing.
Whether you are growing or transforming your business and seeking finance, dealing with a complex financial dispute or carrying out a merger or acquisition, we can provide specialist, trusted advice and assistance.
"They get the job done, and deliver the outcome the client wants, to the best of their abilities." (Chambers and Partners 2016)
We have a dedicated debt recovery and security enforcement team. Their expertise includes reviewing the terms of outstanding debts, advising on the best enforcement procedures available and providing a cost-benefit analysis of debt enforcement strategies including court action where appropriate.
We act for receivers, liquidators, administrators and investigative accountants and advise on terms of appointment and indemnities, the trading prospects of a distressed business, liabilities of directors, security priority issues and the sale of distressed assets and businesses.
- acting for a bank for funding the acquisition of a high country station, including security over a Crown pastoral lease
- acting for a consortium of banks in lending to the dairy sector, including full security over all assets of the charging group and security agent arrangements for the sharing of the security
- acting for a bank on the development of a retirement village, including loan and security documents, priority and underwrite arrangements with a subsequent financier and the statutory supervisor, reviewing village documentation and structures to ensure Retirement Village Act compliance
- acting for a bank in respect of funding for the acquisition of an Australian business by its customer, including loan and security documentation, reviewing acquisition documentation and dealing with Australian stamp duty issues
- acting for a bank for the funding of a subdivision development, including preparation of all loan and security documentation, reviewing pre-sale agreements, subdivision documentation, resolving financial assistance issues and negotiating priority arrangements in respect of shareholder loans
- acting for a bank on the funding of the purchase by an international consortium of the Park Royal Hotel in Queenstown
- acting for a timber processing manufacturer on its funding arrangements for the acquisition of another timber processor and the refinance of its existing banking arrangements, including loan and security documents involving six subsidiary companies
- acting for a property developer on its funding arrangements relating to a large hotel and apartment development ($50m)
- acting for a public company on the refinance of its existing bank debt and capital notes, including loan and security documentation involving 17 subsidiary companies and numerous properties throughout New Zealand and subsequent loan variations ($125m)
- advising an international retailer on refinancing its existing loan facilities and funding the acquisition of a major retail chain through a syndicate of banks