Banking & Finance
ICML has a strong track record and reputation in banking and finance matters in Vietnam and is often asked to assist domestic and international banks in complex financing work. In the past few years, we have advised on banking and finance matters on behalf of leading global and domestic banks (including Standard Chartered Bank, ING, Deutsche Bank, JPMorgan, BNP Paribas, ICBCL, HSBC, ANZ, SMBC, Credit Swiss, BIDV, Techcombank, MSB, and SHB) and multinational development banks/other financial institutions (including ADB, IFC, GuarantCo, Capital One, Cargil, and Trafigura).
Our banking team has combined experience of advising on a broad range of banking matters (including corporate lending, derivatives products, and regulatory/risk management issues). We not only have expertise in structuring complex financing deals but also have an experienced team to assist clients in negotiating loan/security documentation (including LMA/APLMA based finance documents) and ISDA derivatives documentation. In addition to the above services. we can provide legal advice and offer practical solutions to solve legal problems in our bank clients’ day-to-day operation.
Notable Transactions
Commercial Lending and Asset Finance
- Advised an international bank on Vietnamese law aspects of a number of financing transactions involving procurement of 17 aircraft
- Advised an international leasing company on financing of long-term corporate jet leases with Vietnam based clients
- Advised a luxury resort developer in a complex high value refinancing transaction (using funded participation/entrustment lending structure
- Assisted a leading Vietnam-based industrial real estate development corporate group in negotiating loan and security documentation with an international bank’s Vietnam based subsidiary
- Assisted a Vietnam based corporate group in negotiating loan and security documentation with an international bank’s Vietnam based subsidiary
- Advised a leading Vietnamese retail company on cross border loan documentation with an international bank
Derivatives
- Advised a global investment bank on Vietnam law aspects of ISDA derivative contracts and commodity derivatives transactions using ISDA documents
- Advised a leading international bank on legal issues relating to using bespoke derivatives contracts based on ISDA derivatives documentation
- Advised a global investment bank on formulating contract documents concerning the 2002 ISDA Master Agreement and the 2016 ISDA Credit Support Annex for Variation Margin
- Advised a multinational commodity trading company on ISDA documentation relating to commodity derivatives transactions
- Advised an international investment bank on Vietnamese law aspects of cross-border repo transactions with Vietnam based counterparties and enforceability of repo documentation (using 2011 Global Master Repurchase Agreement)
- Assisted a leading joint stock commercial bank in negotiating ISDA documentation (including CSAs (both English law and New York law) for variation margin) with an international bank
- Advised a Vietnam based corporation on legal aspects of derivatives transactions under Vietnamese law
- Delivered training courses on ISDA derivatives and collateral documentation to a leading join stock bank and a Japanese bank’s Vietnam based subsidiaries
Trade Finance and Supply Chain Finance
- Advised a global bank on legal aspects of receivables finance transactions and documentation under Vietnamese law
- Advised a major multilateral development bank on establishment of its supply chain finance programme (including reviewing its model receivables purchase documentation) in Vietnam
- Advised an U.S. based international bank on using supply chain finance documentation under Vietnamese law
- Advised an international bank on legal and documentation issues concerning factoring/ supply chain finance transactions involving Vietnamese sellers/buyers
- Advised a leading Vietnamese joint stock bank on structuring a promissory note facility arrangement
