Fawaz  Elmalki

Fawaz Elmalki 

Consultant* | Cayman

Overview

Fawaz specialises in investment fund formation matters and corporate matters. His clients include venture capital, private equity and hedge fund managers based in the MENA region.

Experience

Fawaz manages and drives MENA growth initiatives and provides investment fund and corporate structuring advice to clients. He has over 20 years' experience advising investment funds, their managers and their onshore counsel on their structuring, formation, corporate governance and ongoing operational matters as well as broad experience advising clients on private equity financings.

His clients also include family offices and entrepreneurs, with a strong network of clients and collaborators in the MENA region and Canada. His investment funds practice has been recognised by Chambers Global, Who’s Who Legal, MENA Fund Manager and Legal 500.

Background

Prior to working with Collas Crill, Fawaz was partner and head of the Dubai office of another leading offshore firm where he practised Cayman, BVI and Bermuda law from their DIFC office from 2007 to 2018. From 2018 to 2022, he was a consultant at a boutique Cayman law firm he co-founded. His onshore corporate, corporate finance and investment funds experience includes working for Canada’s Public Sector Pension Investment Board (PSIB - Montreal office) and global law firm Clifford Chance (London office). He also advises as counsel a leading ADGM and DIFC (UAE) law firm on local investment fund formation matters.

Fawaz has an LLB (Common Law with Distinction) from McGill University and an LLB (Civil Law, Deans’ List, second year) from Université de Montréal. He is a member of the Québec Bar Association (Canada) and admitted as a solicitor in England and Wales (non-practising).

*not admitted in the Cayman Islands, admitted in England and Wales (non-practising) and Québec, Canada

My services
Islamic finance and structuring
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Demand continues to rise for legal professionals with a strong knowledge and understanding of Shariah law concepts continues, a reflection of the growth in Islamic finance products and services for institutions and private clients. Our team of experienced finance lawyers regularly works with onshore law firms, banks, managers and service providers to assist clients in the UK, the Middle East and Asia, as well as trust and corporate service providers servicing clients in this area.

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Corporate advisory
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Successfully navigating the modern global business environment, taking advantage of opportunities as they arise while avoiding legal and regulatory pitfalls, is a challenge for any entrepreneur, business or corporation.

As commercially minded lawyers committed to providing a high quality and cost-effective service we understand those challenges and, more importantly, seek to turn them into opportunities.

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Corporate governance and shareholder relations
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Good corporate governance and a sound understanding of directors duties is critical. Regardless of size, establishing a best practice approach should be fundamental to all boards. The board of directors are responsible for ensuring the company achieves its objectives and the corporate governance framework they adhere to should underpin their accountability to the company and its members.

We advise company boards in relation to both the non-contentious and contentious aspects of shareholder relations with a focus on corporate governance to prevent contentious issues arising. We have also advised both boards and activist shareholders in relation to highly contentious general meetings and associated issues arising out of investor actions.

Thanks to the depth of our experience and the resources of our team, we've acted on some of the largest pieces of litigation brought against directors offshore. We are well placed to deal with the 'bet the farm' proceedings that can occur in these type of disputes and have represented parties involved in intra-company disputes, including executive, non-executive and independent directors, majority and minority shareholders, companies and liquidators. We understand that shareholder disputes are often not black and white and our team finds innovative and commercial alternatives to those which the Court may offer – taking a collaborative approach with our clients to ensure that the right result is achieved.

Investor advice
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In a world of rising expectations, we are increasingly instructed by sovereign wealth funds, ultra-high net-worth individuals and funds of funds to review potential fund investments and negotiate side-letters or co-invest arrangements. We offer our clients a fast, efficient service with minimum fuss. This aspect of our practice gives us unparalleled insight of what is and isn't the 'market standard'; something all our clients benefit from.

Investment fund formation
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Our uniquely diverse practice regularly assists with the establishment of both open and closed-ended fund structures. In addition to traditional Channel Island private equity and real estate structures and Caribbean hedge funds, we have advised on a number of alternative and esoteric classes. We work alongside our clients to understand their investment thesis and provide bespoke drafting to build the fund they want as opposed to generic template structures and documentation. We advise clients at every step of the process, including preparing offer documents, investor negotiations, the preparation of agreements, and in the closing of transactions.

8 Feb 2023

Corporate team appointment

Collas Crill has appointed Fawaz Elmalki to its Corporate, Finance and Funds team in Cayman. Based in Canada, Fawaz specialises in investment fund formation matters and corporate matters. He has over 20 years' experience advising investment funds, thei...

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