Fiona Sequerah.jpg

Fiona Sequerah

Partner

Practice Area:

Aircraft and Aviation Financing
Banking & Finance
Debt Capital Markets
Islamic Finance
Project Finance

LLM (Hons), University of Malaya
LLB (Hons), Queen Mary College, University of London
Certified Diploma in Accounting & Finance (CACA, UK)
Barrister, United Kingdom (non-practising)

T T +603 2273 1919 / +60 3 2273 1919
E [email protected]

Fiona co-heads Christopher & Lee Ong’s Banking & Finance Practice Group, and has been in legal practice for over 25 years.

Her primary area of practice includes local and offshore bilateral / syndicated credit facilities for financial institutions and corporate borrowers, both conventional and Islamic financing, issuance of conventional debt capital market instruments and Islamic financing instruments, corporate debt restructuring, project financing, sale and purchase of distressed debt, aviation finance and securitisation, derivatives advisory work and other related corporate banking and financial matters.

Fiona is recognised as a Distinguished Practitioner for Banking & Finance by Asialaw Profiles and ranked as a highly regarded lawyer for Banking & Finance by Chambers Asia Pacific and Chambers Global.

Experience
Banking & Finance
  • Acting for an American multinational investment bank and financial services in respect of the bilateral USD 300 million revolving credit facility to be granted to a large oil and gas company.
  • Acted for 2 foreign banks from Taiwan in connection to an SGD 52 million term loan and revolving loan facilities.
  • Acted as Malaysian legal counsel to a lead arranger in respect of USD and MYR term and revolving facilities to a media company.
  • Acted for a digital trading platform in respect of a restructuring of a loan to a director.
  • Acted as legal counsel to a Malaysian bank in its capacity as principal advisor to a commercial bank in Bahrain in the securitisation of its housing loans.
  • Acted for one of the largest banking and financial services organisations in the world in connection with an MYR 150 million net overdraft facility granted to a Canadian manufacturer of aviation simulation technologies.
  • Acted as legal counsel to a trustee/custodian in respect of an investment linked structured product secured by Government securities.
  • Acted as legal counsel to a Hongkong fund in its acquisition of distressed debt from a Malaysian commercial bank.
  • Acted as legal counsel to a Malaysian commercial bank in its disposal of distressed debt to a US based fund.
  • Acted as legal counsel to the Labuan branch of two Japanese banks, in relation to their respective USD bilateral loans to an Australian borrower.
  • Acting as Malaysian counsel to an LLC of a deepwater drilling contractor/company (“security parties”) in Malaysia and Labuan in providing guarantees to a credit agreement governed by New York Law.
  • Acted as legal counsel to a commercial bank in its capacity as agent, and mandated lead arranger in a USD syndicated term loan facility to a Malaysian public listed company.
  • Acted as legal counsel to a capital fund in relation to a secured Ringgit term loan granted by a commercial bank, for the purpose of the fund’s acquisition of an educational institution.
  • Acting for one of the largest global banking and financial service providers in connection with the revolving loan facility of up to MYR 121 million (including a legal due diligence) for the construction of data processing centre in Johor.
  • Acting for the Lender as Malaysian counsel with respect to guarantor issuing guarantee to secure Singapore law governed facility o up to USD 145 million and IDR 1,450 billion granted to non-resident borrowers.
  • Issuance of legal opinion in respect of foreign intermediaries marketing and offering for subscription on sale financial products in Malaysia in response to business survey questionnaire.
  • Issuance of opinion to a leading provider of online Forex trading solutions company in relation to provision of online financial services, margin FX and CFD trading required by credit card service provider.
  • Issuance of Memo to one of Europe's largest credit insurance groups on the potential Malaysian licensing requirements for in respect of its undertaking unfunded risk participation in loan facilities offered by banks located in Malaysia.
  • Issuance of legal opinion for use of credit card by Malaysian residents in respect of CFD trading services offered by an authorized and regulated company by the Financial Conduct Authority in the United Kingdom, to Malaysian residents.
  • Acted for the investment arm of a coal and mineral mining company to discharge the charge created in favour of one of the leading Singapore multinational bank under the Memorandum of Charge and Pledge over Assets.
Debt Capital Markets
  • Acted for the Joint Principal Arrangers and Joint Lead Arrangers, CIMB Investment Bank Berhad, HSBC Bank Malaysia Berhad, HSBC Amanah Bank Malaysia Berhad, Maybank Investment Berhad, in connection with a joint conventional and Islamic medium term notes programme of a combined limit of MYR 60 billion made available to Cagamas Berhad, Malaysia’s state-owned mortgage provider.
Islamic Finance
  • Acting for the Issuer in connection with the Sukuk issuance of up to MYR 2.95 billion in nominal value under the Shariah principle of Wakalah Bi Al- Istithmar.
  • Acted as Malaysian legal counsel to a lead arranger in respect of a guaranteed, Islamic Commodity Murabahah facility.
  • Acted as legal counsel to a lead arranger and facility agent, in the issuance of Islamic sukuk in accordance with the Syariah principles of Al-Ijarah to fund construction of the headquarters of a Government linked company.
  • Acted as legal counsel for the principal advisor to a public listed company, in respect of an issuance of Islamic securities with warrants issued under the Shariah principle of Mudharabah, and an issuance of Islamic securities by way of a programme under the Shariah principle of Mudharabah.
  • Acted as legal counsel to a lender in respect of bilateral Commodity Murabahah term financing and Bai Al-Inah revolving facility granted to a Malaysian corporate.
  • Acted as legal counsel to several commercial banks in their capacity as lead arrangers and principal advisers in connection with the issuance by an independent power producer of up to RM835 million in nominal value Islamic securities and by its parent company of up to RM540 million in nominal value Islamic securities, under the Shariah principle of Murabahah (based on the concept of Tawarruq) for the purpose of refinancing facilities obtained for the construction of a gas-fired combined cycle electricity generating power plant.
Aircraft and Aviation Financing
  • Acted for one of the top 10 largest American institutions by fiduciary assets in connection with aircraft mortgages to be entered into between a Malaysian airlines group and an aircraft leasing company.
  • Acted as the Malaysian counsel to a group of aircraft leasing companies in connection with the restructuring of a Malaysian airlines’ leasing arrangement of an aircraft involving the novation of a head lease.
  • Acting for an Australian multinational bank (“Lender”) in respect of a red flag review of transaction documents entered into by the Lender in respect of aircraft financing and/or leasing for 4 aircrafts.
  • Acting as Malaysian counsel to a multinational investment bank based in Europe in respect of a transaction involving secured financing of up to USD 16 million to be provided for the acquisition of a Dassault Falcon 2000LXS Corporate Aircraft which will be leased to a large latex glove producer and manufacturing conglomerate.
Memberships / Directorships
  • Member, Gray’s Inn (UK)
  • Member, Malaysian Bar
Publications
  • Co-author, “A Practical Guide to Loans & Bonds – A Malaysian Legal Perspective” with Paul Wee Ei-Don, published by CCH Asia Pte Limited in 2004
  • Contributor, “Lending and taking security in Malaysia: Overview”, Thomson Reuters Practical Law Finance Global Guide, 10th Anniversary Edition (2016)