Best Structured Finance Lawyers in Nur-Sultan

About Structured Finance Law in Nur-Sultan, Kazakhstan

Structured finance in Nur-Sultan, Kazakhstan, refers to complex financial instruments offered to meet specific financing needs that cannot be solved with conventional financing. These structures often involve the pooling of financial assets and involve intricate arrangements such as securitizations, asset-backed securities, project finance, and syndicated loans. Operating within Kazakhstan’s rapidly growing financial sector, structured finance enables both local and international entities to access tailored funding solutions, manage risks, and achieve investment goals. Lawyers in this field must not only be familiar with Kazakhstani law but also with international best practices, as structured finance often involves cross-border transactions and foreign investors, especially given Nur-Sultan's prominence as a financial and business hub.

Why You May Need a Lawyer

Structured finance transactions are inherently complex and often involve substantial sums, technical documentation, and strict regulatory oversight. Here are some common situations where expert legal advice is essential:

• You are structuring or negotiating a large corporate loan or syndicated facility.
• Your company wishes to engage in securitization or issuance of asset-backed securities.
• You are involved in cross-border financing or foreign investment funding.
• You need help with compliance regarding local regulations, tax considerations, or legal risks in financial transactions.
• You must draft or review complex contracts, security agreements, or financial instruments.
• You need representation in disputes arising from structured finance deals.

Legal guidance helps ensure compliance, mitigate risks, protect your interests, and streamline financial transactions in a sometimes fast-changing regulatory environment.

Local Laws Overview

Kazakhstan’s legal framework for structured finance is shaped by both domestic regulations and its openness to international standards. Key aspects include:

• Regulatory Environment: The Astana International Financial Centre (AIFC) in Nur-Sultan operates under English common law principles, offering a modern and investor-friendly jurisdiction for complex financial transactions.
• Security and Collateral: Kazakh law provides for various forms of collateral, including pledges and mortgages, which are critical in structured finance deals.
• Securitization: While still developing, securitization transactions are increasingly recognized. They require careful structuring to comply with local laws and Central Bank regulations.
• Foreign Participation: The AIFC permits 100 percent foreign ownership and provides tax exemptions to attract international investors to structured finance and capital markets.
• Banking and Licensing: Entities involved in structured finance must adhere to national banking and financial licensing requirements as set by the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market and the rules of the AIFC.
• Dispute Resolution: The AIFC Court and International Arbitration Centre in Nur-Sultan allow parties to resolve disputes in English and subject to internationally-recognized best practices.

These features make Nur-Sultan a competitive destination for structured finance while highlighting the importance of legal expertise in navigating compliance and structuring deals.

Frequently Asked Questions

What is structured finance and how does it differ from traditional finance?

Structured finance involves complex financial transactions designed to meet specific funding needs by pooling and repackaging financial assets. It differs from traditional finance by its use of innovative instruments such as securitizations, collateralized obligations, and off-balance sheet funding.

Who regulates structured finance transactions in Nur-Sultan?

Structured finance is regulated by the Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market when local law applies and by the Astana International Financial Centre (AIFC) for transactions conducted within the AIFC jurisdiction.

Is it possible for foreign companies to participate in structured finance deals in Nur-Sultan?

Yes, the AIFC provides favorable conditions for foreign companies, including legal clarity, dispute resolution mechanisms, tax benefits, and no restrictions on foreign ownership.

What is securitization and can it be done in Kazakhstan?

Securitization is the process of pooling financial assets and issuing securities backed by those assets. Kazakhstan’s legal framework, particularly within the AIFC, permits securitization, though it is still an evolving area in the national context.

What are the risks of entering into a structured finance transaction?

Risks include regulatory changes, credit worthiness of counterparties, enforceability of collateral, tax implications, and complexities in cross-border transactions. Proper legal advice helps mitigate these risks.

Do structured finance transactions require government approval?

Some transactions may require approval or registration with financial regulatory bodies, especially those involving public offerings or cross-border elements. Legal guidance ensures compliance.

What are the typical legal documents involved in structured finance?

These include facility agreements, security documents, offering memoranda, trust deeds, and intercreditor agreements, each requiring careful review and drafting to reflect local law and commercial considerations.

How are disputes in structured finance resolved in Nur-Sultan?

Parties may choose local courts, AIFC Court, or the AIFC International Arbitration Centre for dispute resolution, both of which offer proceedings in English and adherence to international standards.

What tax considerations are there for structured finance transactions?

Tax treatment varies depending on transaction structure and location. The AIFC offers significant tax incentives, but local advice is important to plan for VAT, withholding tax, and other liabilities.

How can individuals or companies find reputable legal advisers in this field?

Seek lawyers or law firms with proven experience in structured finance and cross-border deals, ideally with accreditation or office presence in the AIFC, and verified by professional legal associations.

Additional Resources

• Astana International Financial Centre (AIFC): The governing body for most structured finance activities in Nur-Sultan, providing regulatory guidance and dispute resolution.
• Agency of the Republic of Kazakhstan for Regulation and Development of Financial Market: National authority overseeing financial transactions and entities.
• Kazakhstan Stock Exchange (KASE): For publicly traded financial instruments, including asset-backed securities.
• Registered law firms within AIFC: Many international and domestic law firms operate within AIFC and specialize in structured finance.
• Kazakhstan Bar Association: Resource for verifying lawyer credentials and finding qualified practitioners.

Next Steps

If you are considering or involved in a structured finance transaction in Nur-Sultan, Kazakhstan, your first step should be to consult with an experienced lawyer familiar with both local and international finance law. Prepare a summary of your objectives, relevant documents, and questions for your initial consultation. Verify your chosen lawyer’s credentials through the AIFC or Kazakhstan Bar Association and check their experience with similar deals. Given the complexity of these transactions and the potential legal and financial stakes, investing in quality legal advice is crucial to protect your interests, ensure compliance, and achieve your financing goals with confidence.