Banking, Securities & Financial Products

Banking, securities and financial products are highly regulated and it can be a complex legal landscape to navigate. We can provide compliant and commercially viable outcomes.

The world of assets, markets, currencies, and securities options require constant compliance and management. With varying regulations and standards, H&O can provide both compliant and commercially viable outcomes for our clients in delivering agile solutions to everchanging problems.

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Banking & Financial Services

By working on both sides of transactions, we are best placed to advise and guide our clients on accurate financing solutions working with banks, financial institutions, businesses, property and corporate borrowers and other lenders. We offer solutions in loan and equity structuring, club and syndicated loans, corporate and institutional lending options, project and property finance as well as specialised financing options such as mezzanine and hybrid financing structures.

Capital Markets

Our corporate finance and capital raising solutions allow businesses to grow and develop both domestically and internationally. We have experience in dealing with investment banks, equity and debt capital markets, tax structuring and share purchase plans. Our team has extensive experience in dealing with the Australian Securities Investment Commission (ASIC) and the Australian Securities Exchange (ASX).

Compliance & Regulations

Since the Hayne Royal Commission, banking, superannuation and financial services must adhere to stricter and tougher regulations. From representations made on social media to corporate promotional material and asset and trading ratios, the Australian Securities and Investment Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) monitors and enforces regulations. At H&O, we provide a range of cost-effective compliance and regulatory services including, digital and remote compliance, anti-money laundering, risk management, liquidity and asset ratios and investment origin advice.

Digital Assets

Digital Assets provide the future of transactions and are gaining influence in notable industries. With central banks and governments internationally looking to create their own, it is vital that we are able to provide up to date and trusted advice on these volatile currencies. We offer services in currency creation, initial coin offerings (ICOs), Decentralised Autonomous Organisations (DAOs) and token structuring as well as compliance and regulations advice.

FinTech

The adoption of blockchain and its integration with other financial services (collectively known as FinTech) has many private and public sector benefits. For businesses integrating new technology, regulations and laws may be unclear. At H&O we can advise across a myriad of regulatory and practical issues including digital security and digital bank guarantees, Private Key generation and Certificate Signing Requests, payment processing and gateway currency solutions.

Funds Management

Funds management requires strategic planning and precise application. We not only offer regulatory and compliance support to businesses but can assist in hedging and other domestic and international derivatives and swaps, trust structuring, managed investment schemes and income streaming to individuals and other entities.

Licenses

There are multiple industries in which either credit, banking or financial services are offered and, therefore, require a license. Businesses that operate without a license, even unknowingly, face severe penalties. As such, it is vital to obtain legal advice when assessing the types of services your business is offering. We can assist with Credit License and Australian Financial Services License application and maintenance in addition to derived authoritative representation and compliance advice.

Personal Property Security Register (PPSR)

The PPSR is a national online register that records details of security interests in personal property designed to protect the interests of secured parties in case of default or insolvency of a debtor. H&O Lawyers provides a range of services relating to the PPSR and its functions including registrations (the registering of an interest over property for a secured lender), due diligence and verification, priority disputes (where there are multiple security interests registered), enforcement and possession of security, and removal of security interests off of property you own.

Superannuation

Superannuation funds must comply with regulations from the Australian Prudential Regulation Authority (APRA), Australian Securities and Investment Commission (ASIC) and Australian Tax Office (ATO). To help funds manage, we offer operational and practical support strategies as well as regulatory advice. We also assist trustees, advisers and participants of self-managed superannuation funds by advising on fund structures, compliance and licenses, preparation of fund documentation and negotiation between participants.

Get in touch

Our multi-skilled, multi-lingual team are committed to helping you. Get in touch to experience a solutions-based approach to law.