Loan Agency Services
How We Work
Through our director-led approach, experienced team and multi-jurisdictional presence, we provide a one-stop shop service that can be tailored to even the most complex deals and detailed requirements.
Support We Can Provide
Typically we fulfil one or more of the following roles for our clients:
- Facility Agent
- Security Agent
- Note Trustee
- Successor Agent
- Loan Administration
Our Loan Agency Services
- In-house documentation review, negotiation and execution of transactional documentation
- Seamless onboarding to ensure a smooth closing
- Rate setting notifications
- Agreeing waterfall of payment and movement of funds
- Arranging consent and deal waiver requests
- Administering the transaction throughout its life cycle
- Assisting in enforcement situations
Our Security Agent Services
- Provision of an independent security agent/trustee to act in accordance with the terms of the loan agreement
- Holding security for the benefit of the lenders
- Review or release of existing securities when required during amendments
- Maintenance of a Security Register, and storage of share certificates (if required)
- If instructed by the lending parties, enforce the designated security in accordance with the terms of the security agreements
Why Use an Independent Agent?
Benefits of appointing an independent agent include:
An independent agent already has the necessary systems and experienced qualified professionals in place. Carrying out these functions in-house can lead to a high cost per loan.
With the management of the lifecycle of the transaction outsourced, there is no need for lenders to deploy resources in this area, allowing them to concentrate on other more important aspects of their business such as investor relations and deal sourcing.
An independent agent has no financial or commercial interest in the loan transaction and as such can act freely and in accordance with the loan documentation. Where there are several lenders involved, the agent will provide the same level of service irrespective of the funding commitment.
With securities held in the name of the agent, if one of the lenders decides to transfer its exposure to another lender there will be no need to register the securities again, which can be administratively burdensome and expensive.
The security agent has a crucial role to play in the event of the borrower defaulting. They will help in sending out the various legal notices, appointment of receivers and the full knowledge of the transaction could help the various parties during this period.
Our Guernsey team is able to assist clients in all aspects of the listing process for open-ended and closed-ended investment funds and debt offerings on The International Stock Exchange (TISE) in the Channel Islands.
A regulated market located in a premier location for financial services, TISE enjoys international recognition with sophisticated professional investors and is specifically designated by UK HMRC as a Recognised Stock Exchange, allowing for exemptions from withholding tax for payments from the UK and Eurobond interest.
TISE is a fully recognised exchange providing capital raising opportunities to a wide range of investment funds and debt offerings. Based in Guernsey, TISE provides the Channel Islands with a market for listing both open-ended and specialist closed-ended investment funds and debt offerings targeting institutional, professional, sophisticated investors.
TISE is suitable for a wide range of highly specialised funds, including: private equity funds, feeder funds, hedge funds, both single and multi-strategy, specialist geographical funds, funds with sophisticated structures or security types, specialist property funds, infrastructure funds, sovereign wealth funds and single strategy funds from around the world.
Both primary and secondary listings of funds, securities and shares issued by Channel Islands and overseas companies are available.
Benefits of TISE
A listing on TISE can offer a number of benefits:
- TISE has been designated by UK HMRC as a Recognised Stock Exchange. This recognition allows for exemptions from withholding tax for payments from the UK of Eurobond interest.
- International recognition with international standards of issuer regulation. TISE is an Affiliate Member of the International Organisation of Securities Commissions (“IOSCO”) and an Associate Member of the International Capital Market Services Association (“ICMSA”).
- TISE is a regulated market located in a premier location. TISE is licensed to operate as an investment exchange under The Protection of Investors (Bailiwick of Guernsey) Law, 1987, as amended, and is regulated by the Guernsey Financial Services Commission. Guernsey is a stable, independent jurisdiction, with robust but pragmatic regulation and a highly experienced and qualified pool of service providers.
Our Listing Services
Our experienced team of Guernsey-based professionals provide cost-effective assistance to clients listing funds and debt offerings, and also ensuring these listed vehicles meet their continuing obligations. Our services include:
- Advising on the due diligence materials to be submitted to TISE and obtaining the necessary due diligence on promoters, directors, investors and other parties
- Assisting with the preparation of a TISE-compliant listing document and obtaining its approval
- Preparation and filing of the listing application and supporting documentation and liaison with TISE
- Maintain the listing in good standing and attending to TISE filing obligations
- Management of all key documents
Download our TISE fact sheet.