Real Estate Finance

Real estate finance generally means financial transactions in which complex techniques are applied to the underlying real estate. Finance and real estate are intertwined in such practice area. City-Yuwa Partners is one of the leading law firms in Japan in real estate finance with high-level expertise and extensive experience.

The real estate finance cases handled by City-Yuwa encompass all types of real estate finance schemes including, among others, securitization/liquidation of real estate or monetary claims backed by real estate, formation of nonrecourse loans, structuring of real estate funds, real estate trusts, real estate investment and bulk sales. City-Yuwa has been involved in numerous cases relating to real estate finance, and has been highly praised by various market players both in Japan and abroad including, among others, arrangers, lenders, borrowers, asset managers, fund managers, investors, trustees of trusts, developers and rating agencies.

The legal services offered by City-Yuwa in relation to real estate finance cover all legal work necessary for clients in dealing with their cases, including, among others, investigation, review and advice required for development of structures, preparation and review of agreements, negotiation with related parties, negotiation with competent authorities, support concerning procurement of approvals and/or licenses from, and notifications to, competent authorities, provision of legal opinions, establishment and liquidation of special purpose companies, liaison with law firms abroad and due diligence. In order to provide such legal services, City-Yuwa pays attention to applying practical approaches to each case, by taking into account the actual business conditions, with its focus on making a contribution to clients.

In recent years, it is not unusual that, due to sharp fluctuations in the real estate market, events such as default, bankruptcy of a related party or a dispute occur in connection with a transaction structured in the past. City-Yuwa approaches such events in an expeditious and flexible manner and makes best efforts to solve the problems by means of, among others, litigation, arbitration and civil execution. In such cases, City-Yuwa has the advantage of having many lawyers specializing in revitalization of business and bankruptcy as well as litigation and dispute resolution (especially regarding real estate transactions) and provides highly effective legal services which are tailored to the nature of each transaction, in close cooperation with the lawyers specializing in each applicable practice area.

Real estate finance is a practice area which is heavily influenced by various laws and regulations. Even in the last few years, various actions relating to the fundamental basis of finance structuring were required due to the amendments to the Financial Instruments and Exchange Law (previously, the Securities and Exchange Law) and enactment of the new Trust Act. There have also been frequent amendments to the laws and regulations concerning real estate, such as environmental regulations. Furthermore, a wide range of influences on contracts and legal practices concerning real estate finance will be inevitable after the amendment to the Civil Code (provisions relating to claims). City-Yuwa closely monitors, analyzes and reviews any development in such amendments to laws and is ready to take any necessary actions in each case.

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