Brian's practice includes maritime equipment financing transactions (including charter/lease financing) and ship and fleet mortgage transactions. Brian regularly counsels clients on maritime regulatory matters including the Jones Act, citizenship qualification before the U.S. Coast Guard, the registration of ships in the United States, and similar matters. He regularly advises clients on charter transactions, maritime acquisitions, management agreements, and transportation agreements.
In just the past few years, Brian has represented marine equipment lenders and companies in the following transactions:
Citizenship Issues
One of Brian's marine equipment lender clients was considering making a multimillion-dollar loan to a marine company that had recently been acquired by a private equity firm. After analyzing the foreign ownership of the private equity firm, Brian determined that the proposed borrower was not an eligible documentation citizen or a Jones Act qualified citizen. Assisting in negotiations between his lender client and the borrower, Brian was able to help structure a solution involving a new borrower as the qualified owner, combined with a time charter of the vessels in an economic arrangement that benefited all parties.
Offshore Supply Vessel
Brian D. Bouquet's lender client had committed to loan $33 million to one of its customers for an offshore towing supply vessel. In a complicated transaction involving an IRC §1031 exchange, charter assignment, and loan and ship mortgage challenges, Brian was able to assist his client throughout the loan process and successfully close the loan on favorable terms to the client.