The Banking Practice at Phuoc & Partners was set up in 2006 to provide legal services to several well-known commercial banks and financial services firms in Vietnam, delivering advice with regard to the application of laws and regulations in the current banking environment of Vietnam.
The Banking Practice also represents a variety of investors, including private equity funds and investment management firms that seek opportunities to make investments in banks and other financial institutions in Vietnam. Lawyers in the Banking Practice also work with other practice groups within the firm such as the M&A and Inbound Investment Groups to provide a wide range of legal services to companies that operate within the financial industry.
Practice Focus Areas
- Regulatory Compliance
With our sound knowledge and in-depth understanding of Vietnamese banking laws and our lawyers’ extensive experience in working with relevant regulatory authorities from the central to local levels, banks and non-banking financial institutions have been trusted to use our banking legal service for compliance reviews of all aspects of their business and giving constructive solutions in view of the compliance review results.
- Mortgage Banking
We help financial institutions and mortgage bankers with new product design and implementation including preparing documentation, disclosures, and procedures for mortgage products.
We also help clients in the areas of (i) legal due diligence; (ii) organizational structuring; (iii) specific loan transaction problems; (iv) mortgage fraud prevention and advice; (v) responding to alleged violations of applicable laws and regulations.
Phuoc & Partners also conducts detailed reviews of the forms and procedures used by lenders to assure their compliance with applicable State requirements. This involves the review of consumer credit forms, loan applications, adverse action notices, commitment letters, interest rate lock in agreements, notes, mortgages and deeds of trust, security instruments, home equity line of credit agreements and related materials, advertisements, compliance and procedures manuals, and written internal memos of instructions to loan officers.
- Banking litigation
We have a long and extensive history of representing financial institutions, at both the trial court and appellate court levels in Vietnam, in a variety of banking litigation matters. That representation of financial institutions includes, but is not limited to, extensive expertise in the defence and pursuit of claims in the following areas: lender liability, check fraud, lien priority determinations, subordination agreement disputes, trust disputes, credit life insurance matters, letters of credit, and the enforcement of various lending collateral agreements.
Our banking litigation practice group has represented some of the largest commercial lenders in the nation, appearing on their behalf in trial and appellate courts throughout Vietnam.
We have not only defended large financial institutions in various types of national class action litigation but also cater to small and medium-sized financial institutions. Our banking litigation practice group strives to manage litigation for all of its clientele in the most cost-effective and efficient manner by developing litigation budgets in advance, providing regular status reporting, judicious employing litigation associates and paralegals, and seeking pre-approval of clients for all extraordinary expenses for litigation matters.
If you would like further information on how our firm can assist in addressing your banking legal matters, please feel free to Contact Us.