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Lender Liability regarding Lending to German Companies

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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

忍田 卓也

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.

掘越 秀郎

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.

原 光毅

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.

金子 佳代

Kayo Kaneko advises domestic and international clients on a wide range of corporate matters, including M&A, governance, and regulatory-related issues. She is regularly involved in matters where corporate transactions or strategic decisions are shaped by regulatory constraints, institutional frameworks, and evolving legal regimes.
She brings a distinctive perspective informed by her experience at Japan’s Ministry of Justice, where she was engaged in legislative work relating to corporate law. This background enables her to approach legal issues not only from the standpoints of interpretation and compliance but also with an understanding of legislative intent and potential future developments in the regulatory environment.
Kayo also has substantial international experience in Europe, having studied and worked in Germany, including at a leading local law firm. Through this experience, she has gained practical insights into European legal frameworks and market practice, which she applies when advising on cross-border matters involving multiple jurisdictions and stakeholders.
In complex situations where multiple legal considerations intersect, she focuses on structuring key issues and framing the legal premises necessary for informed corporate decision-making. Clients value her ability to navigate uncertainty arising from regulatory change and to provide advice that remains grounded in both the institutional context and practical realities.