Bennett Jones’ Financial Services group are industry leaders in complex financing transactions in Canada. Clients are facing unprecedented uncertainty in today’s economy related to the impact of the COVID-19 pandemic coupled with uncertainty in many industries such as oil and gas, mining, retail, tourism and leisure. With broad industry experience in a practice featuring innovative financing structures, Bennett Jones is uniquely positioned to assist our clients during these turbulent times.
Our financial services lawyers are located in our various offices across Canada and many have specialized industry expertise. We routinely advise banks, financial institutions, private equity firms and alternative debt providers as well as small, medium and large borrowers. Our Finance Team acts on financings ranging from large syndicated senior debt facilities, acquisition financings, banking regulatory, public and private debt capital market issuances and securitizations, distressed and restructured debt matters, asset based loans and mezzanine commercial loan transactions.
Why Work With Us
Pragmatic approach: Clients’ desired business outcomes underlie all our advice. Compared to other major law firms with significant financing experience, our practice is much more evenly split between borrower and lender representations. This unique experience gives us the ability to approach lender mandates bearing in mind the needs of the borrower and borrower mandates understanding the needs of the lender.
Market insight: Our team enjoys strong relationships with financial sector regulators, policy makers, rating agencies and financial institutions. We count among our firm members the former Governor of the Bank of Canada, a former Deputy Minister of Finance, a former President of the Treasury Board, and a current director of the Bank of Canada, who are able to provide great insight into Canada and financial markets.
An integrated team: Clients benefit from financing lawyers with specialized practice and industry expertise. Our full-service national platform lets us draw from expertise in M&A, securities, insolvency, tax and other pertinent areas.
Cross-border and international experience: Strong relationships with international lenders, private and alternative capital pools, financial advisors and foreign legal counsel enable us to work collaboratively, whether leading the deal or acting in a support role.
Complex Security Arrangements: We have extensive experience in structuring security and addressing conflicts of laws issues in the most efficient manner for security packages involving multiple jurisdictions, mobile assets, complex borrower structures and unique asset classes.
Unique Practice Specializations
Derivatives: We help clients mitigate risks through the use of derivatives, a specialty that started with our energy clients’ needs to manage commodity and currency risks. Our expertise has evolved beyond commodity, currency and interest rate trades to include equity derivatives, credit derivatives and other products. Typically acting for the “buy” or “borrower” side, we are familiar with all of the major “sell” or “lender” side paper. As a result, we know what is market.
Regulatory: Canadian and foreign financial institutions rely on us to be current and thoughtful on requirements and emerging issues flowing from applicable regulation. Clients benefit from our strong relationships with financial sector regulators and policy makers (such as the Department of Finance, the FCAC, OSFI and FinTrac) and insight from our team, including a former Governor of the Bank of Canada, a former Deputy Minister of Finance, a former President of the Treasury Board, and a current director of the Bank of Canada.
Fintech: Our multi-disciplinary team advises start-ups, system and software developers and suppliers, investors, financial institutions, government agencies and ancillary service providers, giving us a 360-degree perspective on the commercial and technical realities, risks and opportunities in these sectors. We assist at every stage of the business life cycle, from innovation, product development, licensing, and IP protection and commercialization, to regulatory compliance, raising capital, partnerships and joint ventures, acquisitions and exit strategies.
First Nations: We are very familiar with security issues involving First Nations borrowers and collateral located on First Nations lands.
Structured Finance and Securitizations: Our team has extensive experience involving a diverse range of assets including credit cards, mortgages, trade receivables, automobile and equipment leases and loans, whole businesses, credit derivatives and other income streams and we regularly act for all market participants including asset originators, investors, investment banks, custodians and rating agencies in transactions funded through commercial paper, public and private issuances of term debt, cross-border and multi-jurisdictional offerings and on-balance sheet lending. Our knowledge and experience in this industry helps us develop customized funding solutions for our clients.