Delve into the intricate landscape of non-traditional banking securities with our comprehensive, practical guidance. Covering every aspect from drafting and enforcing guarantees to deciphering the subtleties of comfort letters, our resources cater to banking and finance professionals. Elevate your legal expertise with authoritative insights that enable you to advise clients proficiently and reduce risks effectively.
This week's edition of Banking and Finance weekly highlights includes: (1) the LMA publishes updated draft provisions, term sheet and educational note...
Restructuring & Insolvency analysis: In Together Commercial Finance Ltd v Slack, the High Court held that Law of Property Act receivers could sell a...
The International Swaps and Derivatives Association (ISDA) has responded to the Financial Accounting Standards Board (FASB)’s exposure draft on hedge...
The Loan Market Association (LMA) has published updated draft provisions for sustainability-linked loans (SLLs) along with an accompanying term sheet....
Invoice discounting and factoringThe popularity of financing business through the invoice discounting and factoring of receivables has grown...
Foreign exchange (FX) derivativesWhat is a FX derivative?A foreign exchange (FX) derivative is a type of derivative whose payoff depends on the FX...
Types of debt securitiesWhat are debt securities?In the context of the debt capital markets, the term 'debt security' means a financial instrument,...
An introduction to repo and the Global Master Repurchase Agreement (GMRA)Coronavirus (COVID-19): This Practice Note contains information on subjects...
If a lender assigns a loan and its supporting guarantee to another lender (assuming there are no restrictions on assignment in the loan or guarantee documentation), is the validity of the guarantee affected in any way?We refer you to Practice Note: Guarantor protections and how to exclude them in
Taking a guarantee or third party security from an individual—undue influenceGuarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common forms of credit support in financing transactions.For example, in
Does a guarantee have to be executed as a deed?No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an agreement in English law.A guarantee does have to be in writing under section 4 of the Statute of Frauds 1677.However, a guarantee is often executed
Comfort lettersComfort letters are encountered in finance transactions relatively often. They take different forms and it is important from both the lender's perspective and the comfort letter provider’s perspective to understand their legal effect.Use of comfort letters in finance
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