Three Engagements.
One Area of Law.
Facility agreement review for borrowers. Debt restructuring and scheme advisory. Regulatory advisory under BNM and SC frameworks. Each engagement is scoped in writing, priced at published rates, and delivered as a usable document.
← Back to HomeHow We Approach Each Engagement
We begin with the primary sources — the relevant provisions of the Financial Services Act 2013, IFSA 2013, Companies Act 2016, or BNM policy documents — and read them against the specific matter. We do not work from templates of prior advice.
Every written deliverable is reviewed by the named practitioner before it leaves the firm. We do not dispatch documents prepared by junior staff without substantive senior review of the content, not merely the format.
Facility reviews: 5–7 working days. Regulatory submissions: 7–12 working days depending on complexity. Restructuring engagements: continuous until matter resolution, with weekly written updates throughout.
Facility Agreement Review for Borrowers
A careful borrower-side review of term loans, revolving facilities, overdraft arrangements, trade finance lines, and project financing documentation. We prepare a written commentary highlighting conditions precedent, representations and warranties, financial and non-financial covenants, events of default, mandatory prepayment triggers, security requirements — charge, assignment, guarantee — and cross-default mechanics. Where the draft is unusual for its category, we flag items for negotiation with reasons grounded in market practice.
The review is presented in a board-ready summary as well as a fully marked-up document. The format is intended to allow the CFO and the board to identify the provisions worth raising with the lender, and to understand what the consequence of each provision is in a scenario where circumstances change.
What the Review Covers
Process Steps
- 01Client submits the facility agreement draft and any related security documents
- 02Scope confirmed in writing; engagement fee invoiced before work commences
- 03Review conducted against Malaysian market-standard terms for the facility category
- 04Written commentary and marked-up document delivered within 5–7 working days
- Malaysian companies entering first facility arrangements with banks
- Borrowers refinancing an existing facility with a new lender
- Boards reviewing terms before signing, with a board meeting scheduled
- Finance teams who want to understand an executed facility before a covenant measurement date
- Companies experiencing covenant pressure or debt maturity stacking
- Boards considering CVA or formal Scheme of Arrangement options
- Companies with a small group of lenders willing to discuss an informal workout
- Finance teams preparing for a first conversation with lenders about amended terms
Debt Restructuring & Scheme Advisory
Considered support for companies experiencing covenant pressure, cash-flow strain, or debt maturity stacking. Our bias throughout is toward preserving the operating business through a measured, fact-based dialogue with the lender group — not toward escalating a difficult financial situation into a confrontational process.
Engagements typically cover lender engagement strategy, preparation of restructuring term sheets, amendment and extension arrangements, standstill agreements, and inter-creditor coordination. Where the situation requires consideration of a Corporate Voluntary Arrangement (CVA) or Scheme of Arrangement under the Companies Act 2016, this is included in scope. Informal workouts negotiated with a small group of lenders are handled at the same fee. Weekly written status updates are provided throughout, so the board and finance team always know where the matter stands.
Engagement Scope
Regulatory Advisory
(BNM, Islamic Finance, Capital Markets)
Focused advisory for financial institutions, fintech operators, and corporates on Bank Negara Malaysia regulatory frameworks — Financial Services Act 2013, Islamic Financial Services Act 2013, and Money Services Business Act 2011 — Securities Commission licensing and exempt regimes, and Islamic finance structuring in accordance with Shariah Advisory Council resolutions.
Our communications are precise and primary-source-oriented, citing the specific guideline paragraph rather than summarising in ways that can blur detail. This matters when BNM or the SC reviews the submission — reviewers read the same primary texts, and the alignment between what we say and what the guideline says is where the quality of the advice shows.
Advisory Scope
- Fintech operators seeking MSBA 2011 licensing or MSB exemption
- Financial institutions preparing product-launch submissions for BNM
- Corporates structuring an Islamic finance facility or sukuk issuance
- Capital market intermediaries reviewing SC licensing obligations
Choosing the Right Engagement
A guide to which service is most relevant for your current situation.
| FEATURE | FACILITY REVIEW RM 820 |
RESTRUCTURING RM 2,900 |
REGULATORY RM 3,800 |
|---|---|---|---|
| Written commentary | |||
| Marked-up document | Where applicable | ||
| Lender negotiation support | Guidance notes | — | |
| BNM regulatory submissions | — | — | |
| Islamic finance structuring | On Islamic facilities | On Islamic facilities | |
| Weekly status updates | — | As needed | |
| Typical turnaround | 5–7 working days | Until resolution | 7–12 working days |
If you are uncertain which engagement applies to your situation, send a brief description of the matter and we will indicate the most relevant scope.
Across All Engagements
Standards that apply uniformly, regardless of which service is engaged.
Written Scope Confirmation
Every engagement is confirmed in writing before work begins. The scope document sets out what is included, what is not, the fee, and the turnaround commitment.
Privilege and Confidentiality
Legal professional privilege applies to all communications. Engagement letters include mutual confidentiality provisions. Client materials are never shared without written consent.
Turnaround Honoured
The turnaround committed to at engagement start is the turnaround delivered. Where an extension is necessary due to unforeseen complexity, the client is notified in writing before the original deadline.
Invoices That Are Readable
Invoices itemise time spent and disbursements separately. They are formatted for submission to a finance team, not only for legal record-keeping.
Named Practitioner Accountability
The named practitioner in the engagement letter reviews the final deliverable. Work is not dispatched on the basis of a junior preparation without substantive senior review.
Conflicts Declared
Conflict checks are run at intake. Where a potential conflict is identified, it is disclosed. Where independence cannot be maintained, the engagement is declined. No exceptions.
The right engagement begins with a brief description.
Send us a short note about the matter — the type of facility, the restructuring context, or the regulatory question — and we will confirm scope and fee within one working day.