Key developments and horizon scanning

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Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus on execution of documents and company filing and...
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15th Oct
Practice notes
Legal opinions are used in the vast majority of financing transactions. They are usually either a condition precedent to funding or a condition...
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8th Oct
Practice notes
Guarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common...
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29th Sep
Practice notes
In financing transactions, conditions precedent are the conditions that need to be fulfilled for funding to occur.This Practice Note explains:•the...
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26th Sep
Practice notes
Debentures are used in many types of financing where it is desirable to take security over all of the assets of a particular entity. They are a form...
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26th Sep
Practice notes
Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction.Independent set-off and...
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26th Sep
Practice notes
There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...
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26th Sep
Practice notes
Land (or real property) is commonly offered as security for a loan. In this context, land has more relevance than some other assets because it can be...
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26th Sep
Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...
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26th Sep
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to guarantees. The cases are divided by topic area and...
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25th Sep
Practice notes
What is a debenture?In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a...
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25th Sep
Practice notes
Contractual rights are a type of chose in action, ie something that is recoverable by legal action as opposed to something that is physically...
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25th Sep
Practice notes
In commercial lending transactions receivables are typically offered as security:•as part of a package of security over the whole of a company's...
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25th Sep
Practice notes
A lender's primary concern is that it is repaid. Even if a lender obtains a judgment for payment of the sum owed to it by its borrower, this does not...
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25th Sep
Practice notes
There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...
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25th Sep
Practice notes
Guarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual arrangement...
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25th Sep

Most recent Key developments and horizon scanning content

Q&As
SummaryA business material adverse change or material adverse effect clause (a MAC clause) is present in many facility agreements and is used to...
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28th Sep
Q&As
Contracts and deedsThere are two types of written agreement:•simple contracts. No particular formalities are required. There must be consideration and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
Following completion of a share purchase transaction, the stock transfer form which effects the transfer of the sale shares from the seller to the...
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28th Sep
Q&As
As set out in our Practice Note: The Prospectus Directive and the debt capital markets—is a prospectus required? [Archived], the Prospectus Directive...
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28th Sep
Q&As
What are securities lending and repurchase (repo) transactions?A securities lending transaction involves:•outright transfer of securities by one party...
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28th Sep
Q&As
While there is no specific primary legislation in relation to the Coronavirus Business Interruption Loan Scheme (CBILS), section 75 of the Coronavirus...
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28th Sep
Q&As
For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...
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28th Sep
Q&As
We are constantly reviewing and adding to our content as a result of market practice and customer feedback. We do not have any content on the impact...
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28th Sep
Q&As
While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...
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Produced in partnership with Richard Colbey of Lamb Chambers 28th Sep
Q&As
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
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28th Sep
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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28th Sep
Q&As
This question envisages a written agreement, which contains, in a schedule, the form of a further agreement, which the parties may sign on some future...
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28th Sep
Q&As
Unlike company general meetings and annual general meetings, there are no provisions in the Companies Act 2006  regulating board meetings or...
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28th Sep
Q&As
An instrument is validly executed as a deed by an individual only if it is signed by them in the presence of a witness who attests the signature. The...
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28th Sep
Q&As
Companies House has a dedicated information page regarding the services that it is able to offer during the coronavirus crisis, summarised as...
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28th Sep
Q&As
With the coronavirus (COVID-19) pandemic continuing to cause significant economic turmoil, many listed companies may need to raise funds quickly...
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28th Sep
Q&As
The question of whether a deed can be witnessed remotely is a difficult one as the position at law is unclear. For the reasons that follow, it is...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

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