International securities law - Major corporate acquisition
Sergey Molchenko
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Burkina Faso
Mali
We advised an Australian law firm on a financial transaction for a syndicate of banks. They were to loan an Australian company funding to acquire another one. The target of the acquisition held a substantial interest in a Mali-incorporated subsidiary, as well as a Burkinabe-incorporated company. We were retained to advise as to whether the loan's security package, perfected under Australian law, could also be perfected as-is in Mali and Burkina Faso, or whether new Malian and/or Burkinabe security was required. To do so, we examined and advised on the constitutionality of the security package agreement, including share transfer and buy-back provisions, in both countries.