Banking & Finance Law
The firm advises financial institutions and their clients on banking and financing transactions, in compliance with applicable regulations.
Banking in Chad operates within the CEMAC framework: the Bank of Central African States (BEAC) conducts monetary policy, the Central African Banking Commission (COBAC) licenses and supervises institutions, and community regulations govern exchange control, payment services and anti-money laundering. Security interests, for their part, are governed by OHADA law.
FN & PARTNERS advises credit institutions, microfinance institutions and their clients — borrowing companies, guarantors and investors. The firm works on financing documentation, the creation and enforcement of security, regulatory compliance and disputes arising from the banking relationship.
Issues We Handle
- Structuring of financing arrangements and guarantees
- Banking regulatory compliance
- Banking litigation
- Security interests and credit risk management
Clients We Serve
- Banks and financial institutions
- Institutional borrowers
- Companies
How We Work
Financing documentation
Loan agreements, credit facilities, syndicated loans, current-account agreements and debt restructuring agreements.
Security
Suretyship, independent guarantee, pledges over a business, accounts or securities, mortgages: drafting, registration and enforcement.
Compliance
Exchange control, know-your-customer, anti-money laundering and counter-terrorist financing, dealings with supervisory authorities.
Banking litigation
Recovery of bank debts, challenges to guarantees, lender liability, payment incidents.
Our Approach
A close understanding of the regulatory constraints specific to the regional financial sector.
Legal Framework
- CEMAC banking regulations and COBAC regulations
- CEMAC exchange-control regulations
- CEMAC regulation on the prevention and suppression of money laundering and terrorist financing
- OHADA Uniform Act organising security interests
- Uniform Act on simplified recovery procedures and enforcement measures
Frequently Asked Questions
Yes, structuring and securing guarantees is part of the firm’s regular services.
OHADA law offers a wide range: personal security (suretyship, independent guarantee) and security over movable or immovable property (pledge, mortgage). The choice depends on the facility, the assets available and registration costs.
Transactions with countries outside CEMAC are subject to exchange-control regulations: depending on their nature and amount, they must be domiciled, declared or authorised, and substantiated to the bank. The firm checks the obligations applicable to each transaction.
Yes. The firm advises companies and guarantors on negotiating their financing, restructuring their debt and on disputes over guarantees or the withdrawal of credit.
This information is general in nature and does not constitute legal advice. Every situation calls for specific analysis: please contact the firm before making any decision.
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