Banking and Finance Law Essay Example | Topics and Well Written Essays - 1250 words

Banking and Finance Law - Essay Example In the case at bar, the role of Bank A is an arranger as it is representing the borrower and not the participating banks, therefore, its obligations centered upon the borrower. Generally, the functions of the arranger starts upon its acceptance of the offer to arrange from the borrow and shall subsist until the time that the facility shall have been executed or in case of syndicated loan, its duties and obligations shall be deemed fulfilled at syndication when the participant banks are brought into direct contractual relations with the borrower2. Part of the duties of the arranger is to assist the borrower in drafting the Information Memorandum (IM), which will be circulated to prospective lenders/investors or in the case of syndication, to participating banks. Note that the IM is an instrument, which will be relied upon by the participating bank in assessing the nature of the investment and risk involved thereon. By this token, English law so for measures that will ensure that the p articipating bank will not be misled by unfounded claims set in the IM. The obligations of the arranger towards the participating banks in the case of syndication arise particularly during the negotiation stage and before the signing of the instruments of documents ratifying the facility. Breach of obligation to disclose the full state of the borrower or the misrepresentation of facts in the IM whether it is fraudulent or negligent in nature would give rise to both statutory breach and violation of established case laws. Fraudulent misrepresentation is the act of giving information knowing fully that it is not true. Fraud can also be deemed present where the arranger recklessly gives information without ascertaining its veracity and rending the facts disclosed as misleading. The key in this situation is that there is deceit in the act of the arranger as opposed to an innocent misrepresentation where the arranger believed in good faith in the truthfulness of the data disclosed.