Legal Considerations

Abstract

Numerous legal issues and questions arise in the area of international lending, and these are important to bank lenders for a number of reasons. First, initial precautionary steps in loan structuring and loan documentation can help the lender minimise the possibility that borrowers will behave in a recalcitrant manner. Secondly, it is important to consider court jurisdiction and applicable law. Such matters can give lenders assurance of equal treatment under the law. Thirdly, it is important to consider potential application of US securities law, especially where US bank lenders are involved in the loan. Fourthly, banks functioning as manager, agent, or seller of a loan participation may enjoy a specific status, which may expose them to certain risks. Finally, the special status of international organisations as borrowers must be appraised.