PEOPLE

Yashwant Mathur

Senior Partner

LOCATION
Dubai

Profile

Yashwant is a transactional lawyer having a rich and diversified professional experience of more than three decades.

Yashwant’s transactional practice involves due diligence and drafting, reviewing and negotiating transactional documents, transaction structuring, closing related issues including share transfers involving the mainland and various free zones in the UAE, cross border advisory in relation to the regulatory issues and compliance.

Yashwant has extensively advised large multinational clients relating to their overseas investments in oil and gas, mining, manufacturing, travel related services, payment products and trading on various legal and regulatory issues for several years.

Yashwant is a seasoned banking and finance lawyer and has advised and acted as lender’s legal counsel as well as borrower’s counsel in several project finance transactions, term loans, working capital and trade finance facilities. Besides, Yashwant has advised banks and finance companies on several regulatory issues under the Dubai Financial Services Authority, Abu Dhabi Global Markets Rulebooks and UAE Central Bank Law and regulations.

Yashwant is actively involved in employment-related issues and documentation (employment contracts, NDAs, secondment contracts and employment/HR policies, employees stock option plans), statutory compliance issues under the UAE Federal labour law and DIFC employment laws.

Yashwant specializes and is regularly engaged by clients for legal advisory work and transactional representation on matters involving real estate, aviation, mergers and acquisitions, banking and finance including trade financing, International commercial terms and sale of goods, various free zone regulations, labour and employment laws, anti-money laundering and regulation of banking and other financial institutions in the UAE, restructuring, bankruptcy and insolvency, commercial agency and franchising.

Expertise

Corporate/M&A
Banking & Finance
Employment Law
Projects & Infrastructure
Real Estate & Construction

Awards & Recognitions

Leading Lawyer for Corporate Governance, Regulatory and Government (2012-13) by Asia Law Leading Lawyers
Leading Lawyer for Banking and Regulatory and Government (2013-2014) by Asia Law Leading Lawyers
Delhi International Airport’s High Yield Bond Issuance - Deals of the Year 2015 award by India Business Law Journal
Notable Practitioner in Mergers and Acquisition by IFLR 1000, 2019

Education

  • LL.B, University of Delhi, 1994
  • B.A (Hons) Economics, University of Delhi, 1989

Memberships

  • Bar Council of Delhi, 1994
  • Registered with the Government of Dubai, Legal Affairs Department as a Legal Consultant

Select Experience Statement

  • Advised a large investor in relation to its investments in a residential project being developed in Jumeirah Village Circle on issues relating to the various DLD legal and regulatory compliance, Jointly Owned Property Law, RERA account compliance by the real estate developer and securing the interest of the investor.
  • Advised on the Sale and Purchase Agreement relating to bulk purchase of real estate units in a well reputed real estate project located on Palm Jumeirah securing the interest of the buyer.
  • Conducted the due diligence of the legal affairs of the target entity and drafted, negotiated and finalized the share purchase and shareholders agreement entered into by a DMCC based client with Stellar Holdings Pte Ltd, Singapore and Planet One Natural Resources Holdings Limited, Mauritius for acquisition of stake by the client in certain oil and gas assets in Africa. Assisted the client to complete all closing related issues and transfer of shares of the Mauritius entity;
  • Advised Vulcan Steel, Mauritius in relation to acquisition of 100% shareholding of Sohar Steel LLC, Sultanate of Oman. Reviewed the legal due diligence report prepared by the sale side, drafted, reviewed, negotiated and finalized the Oman law governed transaction documents, competition law related issues and assisted in closing related issues and documentation;
  • Advised Jindal Shadeed Iron and Steel LLC, Oman in relation to drafting of a toll manufacturing agreement for manufacture of steel rebars;
  • Advised Avalon Global Education Services Limited, Ajman in relation to sale of majority stake in a company owning a reputed school in the Emirate of Ajman. Reviewed the transaction documents involving UAE mainland limited liability company and DIFC incorporated company and drafted the escrow agreement for facilitating the transfer of shares and the trade mark licensing agreement and assisted the seller with closing related issues;
  • Advised a Singapore based client in relation to the various issues involved in Dubai Multi Commodities Centre Authority Company Regulations, 2020 and reviewed the shareholders agreement and articles of association pertaining to a DMCC company;
  • Advised a Singapore based client in relation to drafting and finalizing an unincorporated joint venture agreement between two DMCC companies for trading of securities in China;
  • Advised an offshore free zone company in Jabel Ali Free Zone with respect to divestment of shares held by its parent company and advise on various aspects relating to the change in ownership and control under the Jebel Ali Free Zone Authority Offshore Companies Regulations, 2018
  • Advised an aviation company based in Dubai World Central Free Zone in relation to aircraft financing facility availed from an offshore lender, security creation and perfection from UAE Civil Aviation law standpoint;
  • Advised Bizjet Assets DWC LLC based in Dubai World Central in relation to aircraft maintenance services agreement, crew agreement, pilot training agreement and various employee related issues and transfer of shares and drafted all share transfer documents and represented the client before the DWCC Authorities to facilitate the transfer of shares;
  • Advised an Indian company set up a wholly owned subsidiaries in DMCC and JAFZA (under JAFZA Offshore Companies Regulations, 2016) and investment by the subsidiaries in offshore mining and oil and gas companies. Revised, negotiated and finalized the transaction documents and closing related documentation involving transfer of shares, amendment of the constitutional documents, etc.
  • Advised JK Cement Limited in relation to financing of its wholly owned subsidiary JK Cement (Fujairah) FZC in the Emirate of Fujairah, UAE and the step-down operating subsidiary JK Cement Works (Fujairah) FZC, extension of corporate guarantee, letter of comfort and advised on all FEMA related compliances;
  • Advised Three Hills Venture Capital Fund, a RAK ICC Offshore Segregated Portfolio Company governed by Ras Al Khaimah International Corporate Centre Business Companies Regulations, 2018 relating to raising of finance by issuing its promissory note. Drafted and finalized the promissory note and advised on the enforceability aspect.
  • Advised various clients on employment law related issues including fixed term contracts of employment, end of service benefits, leave carry forward and encashment, sexual harassment issues, employee disputes, etc. under the UAE employment law and various implementing regulations thereunder;
  • Advised and represented various Indian Banks based in DIFC and International Financial Services Centre, GIFT City, India in relation to various DFSA related regulatory issues and corporate lending transactions relating to UAE based borrowers;
  • Advised HDFC Bank Limited, DIFC branch relating to the statutory compliances including UAE CB and DFSA regulatory compliances to be made consequent to reverse merger with HDFC Limited and closing down of representative office of HDFC Limited in the Emirate of Dubai.
  • Advised HDFC Bank Limited, Bahrain Branch and DIFC Branch on the enforceability of UAE law governed facility and security documents. This advisory work involved deep analysis and understanding of various provisions of the UAE Civil Transactions Law, Commercial Transactions Law, Civil Procedure Law, Movable Collaterals Law, etc. and the DIFC Laws.
  • Advised KPMG, Switzerland on development of a offshore banking product and regulatory manual for extending financial services involving DIFC. This involved deep analysis and understanding of the nature of various financial services proposed to be extended by the offshore financial institution in view of the various DIFC Laws and DFSA Rulebooks.

Contact Details

  • Kochhar & Company Inc. Legal Consultants, Suites 1406-1410, The Citadel, Business Bay, P.O. Box 113297, Dubai, United Arab Emirates
  • +971 4 2776075
  • +971 4 2776071
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