Best Structured Finance Lawyers in Tema

When a Tema business should get a structured-financing lawyer

Structured financing in Tema can involve loans or investment backed by defined assets, cash flows, or project revenues. Common assets include port-related equipment, industrial machinery, warehouse stock, lease payments, and receivables from shipping, logistics, or manufacturing contracts.

A lawyer can help shape the transaction, check whether the proposed security can be created and enforced under Ghanaian law, and coordinate filings. For cross-border funding, the work may also include reviewing foreign-currency payment terms and applicable Bank of Ghana requirements.

The right advice depends on the asset, parties, and funding structure. A port-related receivables facility, for example, may require different checks from a loan secured by land or factory equipment.

Situations where local legal advice can prevent problems

• Borrowing against Tema Port or logistics receivables: A lawyer can review the underlying contracts, payment instructions, consent requirements, and any existing assignment of those receivables.
• Financing warehouse stock or industrial equipment: Counsel can check ownership, existing security interests, asset descriptions, and the registrations needed to establish priority.
• Funding a factory or infrastructure project: Legal review can coordinate finance documents with land rights, construction contracts, permits, insurance, and project revenues.
• Setting up a special-purpose company: A lawyer can advise on company formation, governance, asset transfers, and whether securities rules apply to the proposed fundraising.
• Arranging investment from outside Ghana: Counsel can review currency, payment, regulatory, and enforcement issues before funds are advanced.
• Restructuring or enforcing an existing facility: A lawyer can assess defaults, competing claims, notice requirements, and available enforcement steps before action is taken.

Ghanaian laws that may govern the transaction

The Borrowers and Lenders Act, 2020 (Act 1052) governs important aspects of lending and security interests. It provides for the Collateral Registry, where security interests over movable property are registered; the correct filing and priority position should be checked for each transaction.

The Companies Act, 2019 (Act 992) governs company formation, authority, and corporate records. Where a company grants security, counsel should check the applicable company charge registration requirements as well as any collateral registration obligations.

The Securities Industry Act, 2016 (Act 929), as amended, may apply where a transaction involves securities or an offering to investors. Whether approval, registration, or another regulatory step is required depends on the structure and how the investment is marketed.

Frequently asked questions

What does structured financing mean in practice?

It is financing arranged around particular assets, receivables, cash flows, or a project rather than relying only on a general promise to repay. The documents and regulatory steps depend on what supports repayment and who provides the funds.

Do I need a lawyer for a loan secured by business assets?

Legal advice is useful where the facility includes collateral, receivables, multiple lenders, or detailed enforcement terms. Counsel can check ownership and existing claims, prepare or review the documents, and arrange required registrations.

Can a Tema company use port or logistics receivables as security?

Potentially, but the company must have rights to the receivables and the underlying contracts may restrict assignment or require consent. A lawyer should also check prior assignments, payment arrangements, and registration requirements.

Does every asset-backed loan need Securities and Exchange Commission approval?

No. A private loan secured by assets is not automatically a securities offering. The Securities and Exchange Commission’s role depends on the transaction’s legal form, investor arrangements, and how any investment is offered.

Where is security over movable property registered?

Security interests over movable property may need registration with the Collateral Registry under the Borrowers and Lenders Act. Company charge filings may also be relevant, so counsel should check both the asset and the borrower’s legal form.

How much does a structured-financing lawyer cost in Tema?

Fees vary with the financing amount, document length, number of parties, due diligence, and regulatory work. Ask for a written scope and fee estimate that separates legal fees from filing, search, tax, and other transaction costs.

How long does it take to complete a transaction?

There is no standard completion period. A straightforward facility may take weeks, while a project financing or investor transaction can take longer because of due diligence, approvals, negotiations, and asset registrations.

Can a new company in Tema raise this type of finance?

Possibly, but lenders and investors will assess the company’s authority, ownership of assets, cash-flow prospects, and ability to meet conditions. A new company may also need guarantees, sponsor support, or additional security.

Can a foreign lender finance a Ghanaian business?

Cross-border financing may be possible, subject to the transaction documents and applicable Ghanaian regulatory and foreign-exchange requirements. Ghanaian counsel can coordinate local security, filings, payment terms, and enforcement advice with overseas advisers.

What should I compare when choosing a lawyer?

Ask about experience with secured lending, receivables, project finance, or securities transactions similar to yours. Also compare the proposed work plan, who will handle filings, communication arrangements, conflicts checks, and the fee basis.

Can a lender enforce security without going to court?

The available enforcement route depends on the security documents, the asset, and applicable law. Do not assume that a lender can take possession or sell an asset without following required notices and procedures.

What documents should I prepare for an initial consultation?

Bring the proposed term sheet, company documents, existing loan and security agreements, and records showing ownership of the assets or receivables. Include relevant customer, lease, supply, or project contracts and any prior lender correspondence.

Official resources

• Bank of Ghana: The central bank regulates banks and other financial institutions and publishes relevant regulatory information. It may be relevant where the lender or payment arrangement falls within its oversight.
• Securities and Exchange Commission Ghana: The Commission regulates Ghana’s securities industry. Its rules and guidance may be relevant to investment products, securities offerings, and regulated market participants.
• Office of the Registrar of Companies: The Office maintains company registration and corporate filing services. It is a source for checking company records and applicable company filings.

Steps to find and hire a lawyer

1. Define the transaction: Write down the amount sought, intended lenders or investors, repayment source, assets offered, and any target closing date. Allow a day or two to assemble the outline.
2. Gather key records: Collect company documents, asset titles or ownership records, contracts, existing finance documents, and recent financial information. This can usually be done within several days if records are available.
3. Shortlist Ghana-qualified lawyers: Look for counsel who handles secured lending, project finance, receivables financing, or securities matters, and confirm they can advise on Ghanaian law.
4. Arrange initial consultations: Speak with two or three candidates and explain the transaction’s assets, parties, and timing. Ask about relevant experience, conflicts, staffing, and expected milestones.
5. Request a written engagement proposal: Confirm the scope, fees, exclusions, disbursements, and responsibility for searches and registrations before authorising work.
6. Agree the work plan and deadlines: Set dates for due diligence, document drafts, regulatory checks, conditions to funding, and registrations. Have counsel flag any approvals or third-party consents early.