PRACTICE AREAS

Finance Derivative Transactions

In recent years, we have seen continuous and drastic changes in the derivatives market with the emergence of new and diverse forms of derivative transactions, and the strengthening of risk management and furtherance of regulatory reforms to keep pace with such changes. Still, regardless of such developments, the significance of derivative transactions as a hedging instrument against various financial risks such as credit risks or risks involved with interest rates or currency fluctuations, or price fluctuations in securities and commodities remains the same, not just for financial institutions, but for operating companies as well.

At TMI, knowledgeable attorneys with working experience at financial institutions provide professional advice to a wide variety of clients based on their extensive experience in derivatives business.

In particular, with regard to documentation and contract negotiation for over-the-counter derivative transactions, attorneys with in-depth knowledge of the ISDA Master Agreement and Credit Support Annex and related documents provide precise support based on their practical experience to cater to the needs of individual clients. TMI has especially earned the trust of clients both inside and outside Japan for its speedy and high quality services in providing English language documentation and advice for cross-border transactions.

Furthermore, TMI provides clients with a wide variety of services on a daily basis, including, but not limited to, provision of advice on statutory regulations and self-regulatory rules regarding derivatives business, assistance in obtaining governmental approvals and licenses, preparation of statutory documents, support of operational and settlement matters, advice on various derivatives-related transactions including credit-linked notes and repackaged notes as well as creating new derivative products, advice based on bankruptcy related laws and practices with respect to netting of transactions and treatment of collateral upon the counterparty’s insolvency, and support for disputes and litigation in relation to derivatives transactions.

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