Q&As

View Banking & Finance by content type:

Latest Banking & Finance News

Featured Banking & Finance content

Practice notes
The vast majority of derivative transactions are documented by standard documentation developed and published by the International Swaps and...
Read More >
9th Nov
Practice notes
What is a direct agreement?Direct agreements are very common in project finance transactions. A direct agreement is an agreement which gives the...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
This Practice Note considers:•the purpose of events of default included in facility agreements•common events of default relating to borrowers and...
Read More >
9th Nov
Practice notes
Assignments by way of security can take different forms and it is important to understand how they are created and their effect. Security over choses...
Read More >
9th Nov
Practice notes
What is a 'capital call facility'?A capital call facility is a form of finance provided by a lender to a fund and typically secured against investors’...
Read More >
Produced in partnership with Peter Olds of Cleary, Gottlieb, Steen & Hamilton 12th Jan
Practice notes
In many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in being able to recover...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The ICC has issued a guidance paper on the impact of COVID-19 on trade finance transactions issued subject to ICC rules. For...
Read More >
9th Nov
Practice notes
There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is due to repay it.If the...
Read More >
9th Nov
Practice notes
Summary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages and disadvantages of taking a floating as...
Read More >
9th Nov
Practice notes
In summary, a market disruption clause sets out how interest is calculated for a loan if a lender’s cost of funding the loan is in excess of London...
Read More >
9th Nov
Practice notes
Legal opinions are one of the key documentary conditions precedent in loan transactions. The legal opinion is a letter which sets out opinions as to...
Read More >
9th Nov
Practice notes
What is a borrowing base facility?Borrowing base facilities ('BB Facilities') are a type of trade finance. They are working capital credit facilities...
Read More >
Produced in partnership with Dentons UK and Middle East LLP 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains information on subjects potentially impacted by the government and regulators' responses to the...
Read More >
9th Nov
Practice notes
Shares are commonly offered as security for a loan in commercial lending transactions.Practice Note: Taking security over shares explains how to take...
Read More >
9th Nov

Most recent Q&As content

Q&As
Why might a borrower want to exclude part of its assets from the security package?In some secured financing transactions the borrower (or other...
Read More >
14th Jan
Q&As
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
12th Jan
Q&As
With the coronavirus (COVID-19) pandemic continuing to cause significant economic turmoil, many listed companies may need to raise funds quickly...
Read More >
12th Jan
Q&As
Your question concerns the definition of ‘associate’ in CA 2006, s 988 and the interesting issue of whether this definition can or should extend to an...
Read More >
12th Jan
Q&As
This Q&A analyses the general principles that apply in determining whether security created by an English company pursuant to a typical English law...
Read More >
Produced in partnership with Brian Cain 12th Jan
Q&As
This Q&A discusses the reasons why a lender might want to take separate security over individual assets as well as taking a debenture containing fixed...
Read More >
12th Jan
Q&As
What is a Royal Charter body?In answering this query we assume that Royal charter describes an honorary status, which may be granted to eminent...
Read More >
12th Jan
Q&As
Section 23(2) of the Land Registration Act 2002 provides that the owner of a registered charge who is the registered proprietor (or person entitled to...
Read More >
12th Jan
Q&As
This Q&A discusses whether or not a clause in a contract between A and B that prohibits B from assigning the contract (ie a non-assignment clause) is...
Read More >
Produced in partnership with Brian Cain 12th Jan
Q&As
SummaryA member of a limited liability partnership (LLP) may create a security interest in favour of a lender over its rights in the relevant LLP....
Read More >
12th Jan
Q&As
What is a negative pledge?A negative pledge is a contractual undertaking which prohibits or restricts the party granting the undertaking from creating...
Read More >
12th Jan
Q&As
This Q&A relates to the consequence of a change or modification to the property over which a fixed charge has been taken. There are both practical and...
Read More >
Produced in partnership with Thomas Samuels of Gough Square Chambers 12th Jan
Q&As
Why is the restriction on asset disposals needed and what clauses should the bank consider in these circumstances?In a secured financing, the bank...
Read More >
12th Jan
Q&As
Creating the securityThere are two elements to this Q&A. Firstly, can the director create security over the shares and loan notes they own in/from the...
Read More >
Produced in partnership with Brian Cain 12th Jan
Q&As
In what circumstances can an application be made?A charge created by a company must be registered at Companies House. Significant consequences flow...
Read More >
Produced in partnership with Phillip Patterson of Hardwicke Chambers 12th Jan
Q&As
Nature of the houseboatThe type of security that may be taken will depend on the nature of the particular houseboat (ie whether it is considered a...
Read More >
12th Jan
Q&As
This Q&A considers the issues that a lender faces if it requests new security for both new and existing loans as a condition to the advance of further...
Read More >
12th Jan
Q&As
This Q&A describes the steps that a lender should take to ensure that it gets valid security over land held by trustees for a beneficiary.For general...
Read More >
Produced in partnership with Brian Cain 12th Jan
Q&As
This Q&A describes the remedy of appropriation conferred upon a security holder of shares by the Financial Collateral Arrangements (No 2) Regulations...
Read More >
Produced in partnership with Brian Cain 12th Jan

Popular documents