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Structured finance refers to complex financial transactions designed to address specific funding needs, risk allocations, or investment goals, usually beyond traditional lending or investment products. In Makati City, a recognized financial and business hub in the Philippines, structured finance is central to many corporate and investment activities. The city hosts many banks and financial institutions, contributing to a dynamic environment for securitizations, asset-backed securities, project finance, and syndicated loans. Most transactions are governed by a mix of national laws and regulatory directives, but Makati-specific practices and market norms play a role, especially in deal structuring, compliance, and dispute resolution.
Structured finance transactions are complex and multi-faceted, making legal counsel almost indispensable. Common situations where individuals or companies may require legal help include:
Engaging a lawyer ensures your interests are protected and your transactions comply with local and international law.
In Makati City, structured finance operations are primarily governed by Philippine laws, but local practices and city-specific regulations should also be considered. Key legal and regulatory frameworks include:
Transactions often require regulatory approvals, registrations, or notices, and lawyers based in Makati are adept at navigating these requirements in coordination with local authorities and business registries.
Structured finance in Makati City involves financial transactions where repayments are backed by specific assets or cash flows, commonly used for corporate funding, project finance, or securitization. It is frequently used by major corporations, banks, and investment houses clustered in Makati's financial district.
The Bangko Sentral ng Pilipinas (BSP), the Securities and Exchange Commission (SEC), and the Bureau of Internal Revenue (BIR) are the main regulatory agencies overseeing structured finance deals in Makati and throughout the Philippines.
Common products include asset-backed securities, syndicated loans, project finance structures, convertible bonds, and securitizations.
Yes, foreign investors can participate, but they must comply with restrictions on foreign ownership in certain sectors and follow foreign exchange laws and the rules on capital flows as set by local regulators.
Key documents include loan agreements, trust agreements, asset transfer documents, security interests, offering circulars, and agency agreements. Each transaction may require a specific set of documents tailored to the structure.
Timelines vary widely depending on complexity, regulatory approvals, and due diligence, but transactions can range from several weeks to a few months.
Risks include credit risk, legal enforceability, regulatory compliance, market volatility, and counterparty risk. Proper legal advice mitigates many of these concerns.
Yes. The structure and jurisdiction of the transaction affect taxes, including documentary stamp tax, value-added tax, and income tax. Early legal and tax advice is crucial.
Due diligence covers verifying the validity and ownership of underlying assets, credit analysis, regulatory compliance, and uncovering any encumbrances or legal issues.
If the transaction involves publicly offered securities or substantial asset transfers, SEC registration may be required. Consult a lawyer to determine if your deal must be registered.
If you are considering a structured finance transaction or require legal advice in Makati City, it is recommended to follow these steps:
Proper legal guidance helps ensure that your structured finance transaction complies with the law, is efficiently executed, and is structured to protect your interests in Makati's commercial environment.
