Q&As

Can an in-house lawyer give a legal opinion for a debt capital markets transaction and if so, what should it cover?

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Published on LexisPSL on 29/04/2015

The following Banking & Finance Q&A provides comprehensive and up to date legal information covering:

  • Can an in-house lawyer give a legal opinion for a debt capital markets transaction and if so, what should it cover?
  • Who should give a legal opinion?
  • What issues should be covered in the legal opinion?
  • Assumptions and qualifications

Can an in-house lawyer give a legal opinion for a debt capital markets transaction and if so, what should it cover?

Who should give a legal opinion?

Although opinions are usually given by external law firms who are advising the managers or dealers, the issuer or the guarantor (if there is one), an in-house lawyer of the issuer may be in a position to provide a legal opinion.

What issues should be covered in the legal opinion?

There are general issues which should be covered in a legal opinion, which can vary depending on which party the legal opinion is being produced for.

The following are issues which should be addressed specifically in relation to the issuer:

  1. due establishment and existence of the issuer

  2. the issuer's capacity and power to enter

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