FOREIGN LAW ADVICE

As we advise the foreign courts on Pakistan law, it is only natural for us to advise Pakistani courts and clients and government departments on the implications of foreign laws such as the UK Bribery Act 2010 or the US Foreign Corrupt Practices Act 1977. This work also dovetails nicely into our local work in the banking sphere under the Anti-Money Laundering Act 2010 and other criminal banking statutes such as the Offences in Respect of Banks (Special Courts) Ordinance 1984.

Khan & Co Barristers-at-Law are equally committed to advising clients in relation to foreign law issues in the commercial and corporate fields in the EU, UK and the US. To maintain our competitive edge in the field of foreign law and regulation, we keenly keep abreast of all major prosecutions and developments in relation to corporate crimes in the Serious Fraud Office (UK), the Department of Justice (US), the Financial Conduct Authority (UK), the Prudential Regulation Authority (UK), the Dubai Financial Services Authority (Dubai, UAE) and so forth.

Please visit our Corporate Law Blog for updates and news trending on these themes. Topics include but are not limited to issues involving executive pay, regulation and LIBOR/benchmark rate related litigation and financial services reform. Moreover, analyses of rulebook changes and commentary on case law are also reported on the site. Our Corporate Law Blog contains extensive commentary on international rulings in important arbitration, chancery and financial services cases.

CORPORATE ADVICE

The Security and Exchange Commission of Pakistan (SECP) is the regulator of company law in Pakistan. We are instructed in all areas of work in relation to the SECP which is a statutory regulatory body established by the Securities and Exchange Commission of Pakistan Act 1997.

Owing to the fact that we are work with foreign corporate entities, it compliments our practice to provide services in relation to:

  • Registration of corporate entities with the SECP
  • NTN registration advice and assistance
  • Taxation and anti-trust issues
  • Banking and financing transactions.
  • Syndicated loans and revolving credit facilities.
  • Project financing and mergers and acquisitions.
  • Incorporation of private, public and listed companies
  • Public floatation, listing of securities and tender offers for listed securities.
  • Joint venture agreements and commercial and partnership contracts and agreements.
  • Business sales and purchases, mergers, acquisitions and amalgamations.
  • Debt financing and debt and equity securities offerings for issuers and underwriters
  • Secured financing transactions and reorganisations and restructurings.
  • Asset securitisation and structured finance and financial institutions regulation.
  • Shareholder agreements, employee ownership and management buyouts.

In relation to representation, we routinely act in proceedings in the SECP’s Appellate Bench which is statutorily mandated to hear appeals filed against the orders passed either by a Commissioner or any other officer authorised by the SECP:

  • The Appellate Bench comprises of two Commissioners and its registry is headed by the Registrar Appellate Bench, who works under general superintendence of the Appellate Bench.
  • Administratively, the Registrar reports to Commissioner, Company Law Division. Section 33 of the 1997 Securities and Exchange Commission of Pakistan Act and the Securities and Exchange Commission of Pakistan Act (Appellate Bench Procedure) Rules 2003 provide the legal basis for the functioning and administration of the Appellate Bench and the Appellate Bench Registry.

Should you require representation in proceedings with the Appellate Bench of the SECP, please do not hesitate to contact us.

In addition to the above, Khan & Co Barristers-at-Law is involved in corporate proceedings in the High Courts of Pakistan which hear company law matters – the keystone in relation to which can be found in the Companies Act 2017 and other related statutes.

Khan & Co Barristers-at-Law have a strong commercial team who will work with you to enable you to achieve your goals in the most effective and cost effective manner. We endeavour to look beyond the legal constraints to look outside the box and see the bigger picture by providing you with practical solutions for your business needs. Our lawyers are expert advisors across a spectrum of disciplines, providing help to businesses, directors, institutions, societies, owners and managers.

MERGERS AND ACQUISITIONS

Khan & Co Barristers-at-Law are engaged in strategic corporate and M&A work on both the domestic and international levels and we are able to serve and assist foreign entities in Pakistan on large, complex, cross-border transactions. Please also visit our competition page.

If you are considering acquiring or selling a business, then you will need assistance from a high calibre professional team right from the beginning in order to achieve a successful outcome. Khan & Co Barristers-at-Law’s business law team will make sure that the transaction to buy or sell goes through smoothly in accordance with your wishes and timetable. If required, we shall also be able to link you to other professional advisors whose input might be required in your case.

We have experience of advising high profile and high value Pakistani clients in the European market. Similarly, in addition to Pakistani law issues, because of our acute acumen for EU, UK and US law, we are seamlessly able to advise and represent our clients on multidimensional issues in more than one jurisdiction. Our partnership with acclaimed and innovative English law firm, Anglo-Thai Legal (ATL), allows us effortless access to the Association of South East Asian Nations (ASEAN) markets and courts and we have a particular concentration in advising on issues turning on ASEAN law matters.

We are experts in conducting due diligence for clients of all types. So irrespective whether you are a large family business or a multinational corporation, whether you are public or private, whether you are buying shares or assets, we are here to help you with every last microscopic aspect of your contemplated deal. We routinely act for both sellers and buyers and are well-known for our dexterity in negotiating warranties and indemnities in acquisition agreements for a variety of transactions.

Our intellectual abilities drive deal making and generate high value for clients and our lawyers are well connected to senior partners in the ‘Magic Circle’ and to weighty corporate law academics worldwide.

We also have a strong general commercial litigation practice and are actively instructed to act in banking disputes, recovery proceedings and insolvency related litigation.