Albert Tan joined Haynes and Boone in 1994 and became a Partner in the firm's Finance Practice Group in 2004. He currently serves as a member of the firm's Board of Directors and co-chairs the firm's Global Capital Commitment Financing Group and the firm's International Practice Group. He formerly served as a co-chair of the firm's attorney development and diversity committee. He regularly represents investment and commercial banks in connection with bank financings for private equity funds in Asia, Europe, Latin America and North America. He also counsels U.S. and Chinese corporations on foreign direct investment projects in China and the United States. Among the lending clients that Mr. Tan has represented are: Bank of America, Bank of Communications, European Bank for Reconstruction and Development, Mizuho Corporate Bank, Morgan Stanley, Sumitomo Mitsui Banking Corporation, The Bank of Tokyo-Mitsubishi UFJ Ltd., United Overseas Bank, and Wells Fargo Bank. Among the private equity and corporate clients that Mr. Tan has represented are: Century Bridge China, Cypress Acquisition Partners Retail Fund, Great Wall Drilling Company, Jowa Holding Company Limited, Toyo-Thai Corporation Public Company, and Unipower.
From 1997 to 2000, Mr. Tan was based in Hong Kong, where he served a secondment as Chief Counsel for Caltex Corporation (a wholly-owned subsidiary of Chevron Corporation), responsible for all Caltex legal affairs in Greater China, and worked on FDI projects in China and other parts of Asia.
Representative bank financing transactions include:
- More than $30 billion of subscription and capital commitment secured, asset pool, unsecured, and letter of credit reimbursement credit facilities to private equity funds, including Aetos Capital Asia, ARA Asia Dragon, ARCH Capital - TRG Asian Partners, Brookfield Real Estate, Carlyle Asia, Carlyle Europe, Century Bridge China, Cherokee Real Estate, Capital Trust, Colony Capital, CVI Global, Cypress Acquisition Partners Retail Fund, Deerfield Capital, Doran Capital, Evergreen Real Estate Partners, Fillmore East, First Reserve, Five Mile Capital, Fortress, Gaw Capital, Grove International Partners, Goldman Sachs Developing Markets, Guggenheim Structure Real Estate, Hampshire Capital, Hearthstone, Hines Brazil, Invesco Asia Real Estate, JPMorgan Asian Infrastructure, Lazard, LaSalle Asia, LaSalle Japan Logistics, MGPA Asia, Morgan Stanley Real Estate Funds, Pramerica Real Estate, Prologis China Logistics Venture, Real Estate Capital Asia Partners, Rockpoint Group, Secured Capital Japan, Soros Real Estate Investors, Triseas Korea, Westbrook Real Estate Partners, Windsor, and Whitehall Global Real Estate.
Representative foreign direct investment and cross-border transactions include:
- 30 percent equity share transfer in a US$109 million Sino-foreign JV project for the development, construction and operation of the 108,000 metric tons LPG underground cavern storage and breakbulk terminal facilities in Shantou, China; RMB 116 million Sino-foreign JV for the construction and operation of lubricant oil and engine coolant blending plant, with offload and transport pipeline facilities in Tianjin, China; Sino-foreign JV and WFOE manufacturing facilities in Changzhou, Wuxi and Zhang Zhou, China; and U.S. and Japan JV formation to develop, construct, own and operate a 1200-MW natural gas fired combined cycle generating plant in the Philippines.
Mr. Tan has made presentations and served as a guest speaker for legal and business seminars on bank finance, FDI in China and legal education, organized by, among others, PERE - Asia Summit, PERE - Japan Forum, PERE - North America Forum, US Real Estate Opportunity & Private Fund Investing Forum, State Bar of Texas, Bank of America, Southern Methodist University Law Center, Southern Methodist University School of Business, Institute of International Research, Asia Law and Practice, Euromoney, China Law & Practice, Pacific Rim Forum, Dallas Greater Chamber, Global Business Risk Forum, and Institutional Real Estate, Inc.
- "Leading Practitioner" Guide to Leading Practitioners: China, International Private Equity, United States (Euromoney Expert Guides, 2012)
- "Inspirational Leadership Award" (Dallas Asian American Bar Association, 2011)
- "Best Lawyers in Dallas" (D Magazine, 2011-2012)
- "Outstanding Member Award" (Dallas Asian American Bar Association, 2009)
- "Outstanding Attorney Achievement Award" (SMU Dedman School of Law, AALSA, 2008-2009)
- "Texas Rising Stars" (Law and Politics, Texas Monthly, 2004-2007)
- "Best Lawyers under 40" (National Asian Pacific American Bar Association, 2003)
- "40 Under 40 in Dallas-Fort Worth Business Community"(Dallas Business Journal, May 2002)
- "40 Up and Coming Lawyers Under 40 in the State of Texas" (Texas Lawyer, September 2001)
Professional and Community Leadership
- Asia Society Texas (Advisory Board)
- The Trammell and Margaret Crow Collection of Asian Art Museum (Board Director)
- Dallas Asian American Bar Association (Board Director and Co-Chair of the 2009 and 2010 DAABA Fundraising Committee)
- State Bar of Texas (Executive Council, International Section and Asian Pacific Interest Section)
- Dallas Bar Foundation Fellow
- Texas Supreme Court Task Force on International Practice of Law in Texas
- Institutional Real Estate Inc.: Visions Insights & Perspectives - Asia Investor Roundtable (Advisory Board, 2011-2012)
Selected Representative Experience
07/10/2014 - Structuring Capital Call or Subscription Loan Facilities for Investment Funds
A webinar outlining approaches for structuring the loan facility, examining the underlying fund structure and fund document provisions, artfully drafting loan provisions, and performing comprehensive legal due diligence.
04/17/2014 - Private Equity Real Estate
Presented at the Global Alternative Investment Forum Japan 2014.
02/26/2014 - Asian Capital - Is the Outbound Story a Permanent Trend?
Panel Discussion Notes from the PERE Summit: Asia 2014
11/13/2013 - Capital Commitment Financing: How it Works
In a recent Privcap website panel discussion and interview, Haynes and Boone, LLP Partner Albert Tan explored the reasons that capital commitment financing has expanded in importance for a growing number of private equity firms worldwide.
03/14/2013 - U.S. Actions Demonstrate that National Security Concerns Are a Risk, But Not a Certain Roadblock, to Chinese Investments: Good Advice, Careful Planning and Smart Execution Are Critical
The Exon-Florio Amendment gives CFIUS and the President the power to block or order divestitures before approving a "covered transaction," meaning any merger or takeover of a U.S. company that results in foreign control and that threatens to impair U.S. national security.
01/18/2006 - Location for National Bank for Diversity Jurisdiction
On January 17, 2006, a unanimous United States Supreme Court held in Wachovia Bank, N.A. v. Schmidt that, for purposes of accessing federal courts under the current diversity jurisdiction statute, 28 U.S.C.§1348, a national bank is a citizen only of the state in which its main office, as set forth in its articles of association, is located.
12/01/2005 - 2005 Texas Usury Reform: Finance Code Amendments Relating to Commercial Loans
In Texas, a lender who contracts for, charges, or receives interest in excess of the amount allowed by law can be subject to harsh penalties. In 1997 and 1999, the Texas Legislature passed several significant reforms that provided some relief to lenders under Texas’ usury statutes.