01
Facility & Loan Documentation
Drafting and review of loan agreements, facility letters, and the supporting legal documentation for secured and unsecured lending.
Transactional Practice
Banking & Finance Law
Lending, facilities, regulatory compliance, and financial-services documentation for banks, micro-finance institutions, and borrowers.
Tx
- Acting for
- Banks · MFIs · SACCOs · Borrowers
- Coverage
- Facilities · Security · Regulation
- Linked practice
- Conveyancing · Debt Recovery
Overview
How we approach banking & finance law.
Banking and finance law sits at the core of how businesses and institutions operate. The firm advises banks, micro-finance institutions, SACCOs, and corporate borrowers on the legal framework that governs lending, security, and the regulation of financial services in Kenya. The work ranges from drafting and reviewing facility documentation through to advising on the regulatory requirements that govern who can do what in the Kenyan financial sector.
The practice works closely alongside the conveyancing and debt-recovery teams — facility documentation the firm drafts is security the firm can perfect and realise, and the disciplines are designed to be consistent across the transaction lifecycle. Where a financing arrangement or a financial-services operation raises a regulatory question, the firm provides a written opinion before the matter escalates.
Services
What we cover in banking & finance law.
02
Security Documentation
Charges, debentures, guarantees, and the full security package for lending transactions — drafted for enforceability and perfected at the relevant registry.
03
SACCO & MFI Advisory
Advisory to SACCOs and micro-finance institutions on governance, membership documentation, lending frameworks, and the regulatory requirements under the SACCO Societies Act and the Microfinance Act.
04
Regulatory Compliance
Guidance on licensing, CBK regulatory requirements, AML/CFT compliance obligations, and the conduct-of-business rules that apply to deposit-taking and lending institutions.
05
Financial Services Opinions
Written legal opinions on the regulatory position of financial products, proposed structures, and the permissible scope of financial-services activities in Kenya.
06
Restructuring & Workout
Advisory on the restructuring of distressed loan facilities — refinancing, security substitution, standstill arrangements, and the documentation of an agreed workout.
Approach
The way we run a banking & finance law matter.
A four-step discipline applied to every brief, so the work is senior-led at the points where senior judgement matters, and moves predictably between them.
Transaction Brief
Lending terms agreed commercially; the firm reviews the term sheet and advises on the legal structure and the security package before drafting begins.
Drafting & Review
Facility letter, loan agreement, and full security documentation drafted and reviewed, with any commercial or regulatory issues raised in writing.
Perfection & Registration
Security perfected at the relevant registry — charges registered at Lands, debentures at the Companies Registry — and all consents obtained.
Ongoing Advisory
Day-to-day advice on the running of the facility, variations, events of default, and the regulatory questions that arise in the management of a lending portfolio.
FAQs
Questions clients ask about banking & finance law.
The ones we hear most often. For anything specific to your matter, a short call is usually the fastest way to an answer.
All firm FAQs →Yes, subject to conflict checks. The firm acts for banks, MFIs, and SACCOs on the lender side, and for corporate and individual borrowers on the borrower side. We confirm any conflict position at the first call.
Yes. SACCOs are regulated under the SACCO Societies Act and supervised by SASRA. We advise on governance, registration, membership, lending frameworks, and the compliance obligations that arise in the day-to-day management of a SACCO.
A charge is typically created over specific identified property — usually land — to secure a lending. A debenture is a broader security instrument, often created over all the assets of a company, both fixed and floating. We advise on the right security structure for the specific transaction at the outset.
Yes. Where a facility is in default or the borrower is in difficulty, we advise on the options — restructuring, security substitution, workout arrangements, and the documentation needed to protect the lender's position throughout the process.
Related Practice Areas
Adjacent counsel from the firm.
Banking & Finance Law Counsel
Speak with a partner about your banking & finance law matter.
We will tell you, plainly, whether we are the right firm, and how we would propose to handle it. The first call is confidential and at no charge.