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The following Banking & Finance news provides comprehensive and up to date legal information on Exercising assigned rights prior to enforcement (Vietjet Aviation Joint Stock Company v FW Aviation (Holdings) 1 Ltd)
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...
Does the beneficiary of a guarantee need to be a signatory to the guarantee? What happens if the guarantee is signed as a deed?Section 4 of the Statute of Frauds (1677) requires a guarantee to be in writing and signed by the guarantor (or some other person lawfully authorised to sign on the
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
Guarantor protections and how to exclude them in guarantee documentation—waiver of defences clausesGuarantees are a contractual arrangement where one party (the guarantor) agrees to answer for the liability of another party (the principal) to another party (the guaranteed party).The common law has
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
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