Lender Liability regarding Lending to German Companies
Takuya Oshida, Hideo Horikoshi, Koki Hara and Kayo Kaneko's article, “Lender Liability regarding Lending to German Companies”, appears in Kokusai Shoji Homu Vol. 46, No. 10 (October 2018).
Authors
Hideo’s practice includes a broad mix of acquisition finance, project finance, cross-border syndicated lending, equity investment, and other innovative financing products. Hideo also has strong expertise in banking and frequently advises financial institutions, inter alia, on matters including debt restructuring and banking regulations. Leveraging his significant experience in investment-banking matters, he regularly advices financial institutions, major companies and governmental agencies on various corporate matters.
Koki is a seasoned expert on a wide range of real-estate transactions (including securitization of real estate) with diversified clients, such as banks, developers, and asset management companies. His coverage includes cross-border real-estate finance, project finance and other finance transactions. Also, he is specialized in REIT, and financial regulatory matters including banking, and asset management.
Kayo has been involved in several large-scale domestic M&A, corporate restructuring and start-up transactions. Based on her experience studying in Germany and being seconded to a traditional German corporate law firm, she aims to be agile and responsive to clients' needs with regard to matters in Germany and throughout Europe, where EU law is applicable. She spent approximately four years in Germany, where she not only studied European antitrust law, but also gained practical experience at a local office for more than two years. While on secondment to the Ministry of Justice, she was involved in cases concerning the revised Companies Act of 2020 and the revised Commercial Code, particularly the Maritime Law. She provides support based on her understanding of the theoretical and academic background of the Companies Act and the Commercial Code.
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Having commenced his career advising clients on the disposal of non-performing loans and on private equity investments after the collapse of the bubble economy, he has been providing corporate clients with a wide range of legal support, including advising on domestic and cross border M&A and commercial transactions, such as joint venture agreements, license agreements, etc. He also covers other areas, such as crisis management and corporate litigation. Taking advantage of his extensive experience in advising clients on a wide range of legal issues and his previous secondment to a life insurance company, he is actively engaged in the area of insurance, especially in providing regulatory advice, advice on investments by insurance companies (including M&A), and advice on reinsurance, etc. Furthermore, he also focuses on energy and natural resources, offering his expertise on various issues related to the stable supply of energy, which is fundamental to society and the economy.