Best Structured Finance Lawyers in Feilding

About Structured Finance Law in Feilding, New Zealand

Structured finance covers transactions that pool, repackage or rearrange financial assets to create new financial instruments. Common examples include securitisations, asset-backed lending, special-purpose vehicles - SPVs, and complex debt facilities. In Feilding the legal environment is the same as the rest of New Zealand, but local businesses and advisers will often work with regional legal teams based in Palmerston North, Wellington or Auckland when dealing with large or specialised transactions.

Structured finance transactions usually involve a mix of company law, trust law, securities regulation, personal property security rules, tax and insolvency considerations. Lawyers who advise on structured finance help design structures that minimise risk, achieve regulatory compliance and protect parties if a borrower or counterparty becomes insolvent.

Why You May Need a Lawyer

Structured finance transactions are legally and technically complex. You may need a lawyer if you are:

- A business or lender setting up an SPV or securitisation vehicle and needing governance documents, asset transfers and documentation to achieve bankruptcy remoteness.

- A company or trustee creating or granting security over receivables, equipment, property or other assets and needing correct registration on the Personal Property Securities Register - PPSR.

- An issuer preparing an offer of debt or managed investment products that may attract regulation under the Financial Markets Conduct Act and require disclosure documents, licensing or reporting obligations.

- A creditor enforcing security, appointing a receiver, or navigating restructuring or insolvency procedures under New Zealand law.

- A party dealing with cross-border elements - for example foreign investors, offshore SPVs, or assets located overseas - where conflict of laws, taxation and enforcement require specialist advice.

- A trustee, director or officer seeking to understand duties and potential liabilities arising from participation in a structured finance transaction.

Local Laws Overview

Several New Zealand statutes and regulatory frameworks are commonly relevant to structured finance:

- Companies Act 1993 - governs company formation, directors duties, solvency tests and corporate governance issues that affect SPVs and issuers.

- Trusts Act 2019 - applies where securitisations or asset structures use trusts as vehicles, setting out trustee duties and powers.

- Financial Markets Conduct Act 2013 - regulates offers of financial products, disclosure, licensing of financial intermediaries and ongoing reporting for regulated offers and financial products. Whether an offer triggers these rules depends on the nature of the product and the class of investors.

- Personal Property Securities Act 1999 - governs creation and perfection of security interests in personal property and the use of the Personal Property Securities Register - PPSR. Proper PPSR registration is crucial to protect priority in assets used as security in structured deals.

- Insolvency and Receivership law - includes insolvency processes, administration, liquidation and receivership steps that affect creditor rights and recovery in stressed transactions.

- Tax laws - Income Tax Act and GST rules influence structuring choices, the tax treatment of flows, and the availability of tax attributes. Tax planning and rulings are often an integral part of structured finance work.

- Regulatory oversight - the Financial Markets Authority, Reserve Bank of New Zealand and Companies Office are the main regulators whose rules or supervisory functions can affect transactions. Local council rules may be relevant where real property is used as backing for assets.

Frequently Asked Questions

What is securitisation and how does it work in New Zealand?

Securitisation is the process of pooling financial assets - for example loans, leases or receivables - and issuing securities backed by those assets. In New Zealand securitisations typically use a special-purpose vehicle - SPV - that buys the assets and issues debt to investors. Legal work focuses on transferring assets, establishing the SPV, documenting investor rights, setting up security arrangements and ensuring regulatory compliance.

Do I need to register security on the PPSR for structured finance deals?

Yes - security interests in personal property should be carefully assessed and, where appropriate, registered on the Personal Property Securities Register - PPSR. Registration affects priority between secured parties and can be critical in insolvency. Lawyers help draft security documents and ensure correct PPSR steps and timings are followed.

When does the Financial Markets Conduct Act apply to a transaction?

The FMC Act can apply when you offer securities or managed investment products to investors, or when a financial product is issued to the public or retail investors. Whether it applies depends on the nature of the investors, the structure of the offer and exemptions that might be available. Legal advice is needed early to assess disclosure, licensing and compliance obligations.

Should I use a company or trust for an SPV?

Both vehicles are used. Companies provide familiar corporate governance but raise questions about director duties and insolvency. Trusts can be used for bankruptcy remoteness, but trustee duties under the Trusts Act must be observed. Choice depends on tax, regulatory and commercial goals, and requires lawyer and tax adviser input.

How do I make an SPV bankruptcy-remote?

Bankruptcy remoteness is achieved by structuring governance, limiting activities, separating assets and restricting the ability of the SPV to incur unsecured liabilities. Legal documentation - constitutions, shareholder agreements, intercompany agreements and security arrangements - is essential. Perfection of security and ring-fencing measures also help reduce contagion risk.

What documentation is typically required for a structured finance transaction?

Typical documents include purchase agreements for pooled assets, SPV constitutional documents, trustee or director deeds, offering or subscription agreements, security documents, intercreditor agreements, PPSR registration records, servicing agreements and disclosure documents. Tax and accounting schedules are also important.

Are there special considerations for cross-border investors or assets?

Yes - cross-border deals raise foreign law issues such as enforceability of security, recognition of transfers, tax withholding, exchange control considerations and choice of governing law. It is common to instruct counsel in the other jurisdiction and to include clear dispute resolution and enforcement clauses.

What are common pitfalls to avoid?

Common mistakes include inadequate documentation of asset transfers, failure to register security on the PPSR or under foreign regimes, ignoring tax consequences, insufficient creditor priority planning, and not checking regulatory obligations under the FMC Act. Early legal input prevents costly rework.

How much does structured finance legal advice cost and how long does it take?

Costs vary with complexity. Simple security documentation or PPSR filings can be handled in days to weeks. Full securitisations or cross-border transactions often take months and involve multi-disciplinary teams, which increases cost. Ask a lawyer for an estimate and a project timeline during the initial engagement.

Can I get local legal help in Feilding?

Feilding is served by regional legal firms and advisers. For highly specialised structured finance matters you may need a firm with experience in capital markets and securitisation based in Palmerston North, Wellington or Auckland. A local lawyer can coordinate with specialist counsel as needed and provide practical, on-the-ground support.

Additional Resources

Here are organisations and bodies that are commonly useful when dealing with structured finance issues in New Zealand - contact details are available from official directories or by consulting local legal advisers:

- Financial Markets Authority - regulator for financial products, disclosure and licensing obligations.

- Reserve Bank of New Zealand - regulator for banking and systemic financial stability matters.

- Companies Office - registry for companies and the Personal Property Securities Register - PPSR.

- Inland Revenue - for tax rulings and guidance on GST and income tax treatment of structured transactions.

- New Zealand Law Society - for referrals to lawyers with structured finance and capital markets experience.

- Local Manawatū law firms and Palmerston North legal practitioners - for geographically close support and local market knowledge.

- Community law centres and legal clinics in the Manawatū region - for limited-scope or initial legal assistance and referrals.

Next Steps

If you think you need legal assistance for a structured finance matter follow these practical steps:

- Prepare a brief summary of the transaction - parties, assets involved, proposed structure, jurisdictions and timing.

- Gather key documents - corporate records, existing security documents, loan agreements, asset schedules, financial statements and any draft term sheets.

- Contact a lawyer with structured finance or capital markets experience. If you are in Feilding ask for firms that regularly act in the Manawatū region or that work with national specialist teams.

- Ask about experience, likely process, estimated fees and a proposed timetable. Clarify whether the firm will coordinate tax and cross-border counsel if required.

- Agree a written engagement letter that sets out scope, fees and confidentiality protections before substantive work begins.

- Use the lawyer to conduct legal due diligence, draft and negotiate documents, complete any necessary registrations such as PPSR filings, and to advise on regulatory notifications or filings.

Structured finance can be rewarding but complex. Early, specialist legal advice reduces risk and helps you reach an efficient commercial outcome.