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Structured finance refers to complex financial instruments and transactions typically used by large companies, financial institutions, and government entities to manage risk, capitalize on assets, or raise significant amounts of capital. These instruments often go beyond traditional loans and securities, including products such as asset-backed securities, mortgage-backed securities, collateralized debt obligations, and other forms of securitization. In Hawaii, structured finance plays a key role in both public and private projects, supporting real estate developments, renewable energy projects, and infrastructure financing.
Structured finance transactions are often complicated and involve sophisticated legal and financial concepts. You may need a lawyer for several reasons, including:
Having a legal advisor with specific experience in Hawaii’s structured finance environment can help protect your interests and avoid costly mistakes.
Hawaii’s structured finance market operates under a mix of federal requirements, such as securities laws and banking regulations, and specific state laws impacting business, real estate, and financial transactions. Key elements of structured finance law in Hawaii include:
Staying compliant with local requirements is crucial for the success and legality of structured finance deals in Hawaii.
Structured finance uses complex financial arrangements and instruments to meet unique funding needs, unlike traditional loans or bonds. This often involves pooling assets and issuing securities backed by those assets.
Yes. Hawaii’s unique real estate market, land use laws, and environmental regulations can pose risks not present in other jurisdictions. It is important to assess local laws and market conditions carefully before proceeding.
Most offerings of securities in Hawaii, including structured products, must comply with both federal and state securities registration requirements unless an exemption applies. Legal review is recommended to avoid violations.
Common assets include commercial or residential mortgages, loans, leases on real estate, renewable energy project revenues, and government receivables.
Environmental permitting, conservation restrictions, and native land protections may influence how certain assets can be pooled or securitized. Due diligence is essential for compliance.
While structured finance is typically used by large organizations, accredited investors may sometimes be able to invest in certain structured products, usually following strict regulatory requirements.
Deals involving real estate or business activities in Hawaii may be subject to the general excise tax, conveyance tax, and other state or local taxes. Tax planning is an integral part of structuring these transactions.
State and county agencies often review, permit, or approve aspects of structured finance projects, especially those involving public infrastructure, energy, or real property.
Disputes are typically managed through contract dispute resolution processes, including arbitration or Hawaii state court litigation, depending on the terms of the agreement.
Look for legal professionals with a solid track record in structured finance, knowledge of Hawaii’s legal landscape, and experience handling transactions similar to yours.
The following resources offer further information or assistance related to structured finance in Hawaii:
These organizations can provide guidance on local regulations, professional contacts, or consumer protection issues.
If you are considering or involved in a structured finance transaction in Hawaii, start by consulting with a knowledgeable local attorney. Prepare a summary of your goals and the assets involved, and gather any contracts or documentation you have. You may want to:
Taking these steps can help ensure your structured finance project is legally sound and positioned for success under Hawaii law.
