Home Q&A Forum What legal considerations should I be aware of when engaging in cross-border financing?

Commercial Real Estate

Financing Agreement

New York

Asked on Jul 11, 2024

What legal considerations should I be aware of when engaging in cross-border financing?

I am a business owner based in the United States, and I am exploring opportunities to expand my operations into other countries. As part of this expansion, I am considering obtaining financing from international lenders or investors. However, I am unsure about the legal implications and potential challenges associated with cross-border financing. I am particularly interested in understanding the regulatory frameworks, tax implications, and any potential risks that I should be aware of before proceeding with such financing arrangements.

Answers from 1 Lawyer

Answer

Commercial Real Estate

New York

Answered 699 days ago

Arthur S.

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July 12, 2024

The answer to this question is too voluminous for this format. The governing laws, rules, regulations, etc of each foreign jurisdiction must be taken into consideration prior to entering into a "cross border" financing transaction. Every lender focuses on its exit strategy in the event a loan becomes a non-performing loan...and it is incumbent upon the borrower to fully explore and understand these "exit" strategies.. I would also emphasize the need to fully understand the scope of borrower's obligations under the underwriting scope and requirements of the lender, as well as the several types of loan guarantees that may be required by the lender in any such cross-border financings.

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