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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...
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9th Nov
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...
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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...
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9th Nov
Practice notes
This Practice Note considers the costs that a lender operating in the interbank market will incur when providing funding to a borrower and the steps...
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9th Nov
Practice notes
This Practice Note lists hot topics (with links to the appropriate materials) that may be of interest to Banking & Finance lawyers. It is updated...
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9th Nov
Practice notes
Sub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an overview of the reasons why a lender might...
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9th Nov
Practice notes
Assignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview of the reasons why a lender might...
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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...
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9th Nov
Practice notes
A 10b-5 letter (also referred to as a 'disclosure letter') is a letter delivered to the underwriters by issuer's and underwriters' counsel in...
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Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 12th Jan
Practice notes
Given the cross-border nature of many banking transactions, it is common for the principal legal advisors for lenders and borrowers to need to...
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9th Nov
Practice notes
The majority of secondary debt trades are conducted by telephone or by email. Following the trade call or email exchange, the parties will document...
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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...
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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...
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Produced in partnership with Dentons UK and Middle East LLP 12th Jan
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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9th Nov
Practice notes
Commodity repurchases (repos) are a common alternative method of financing. There are a number of advantages for both the financier and a commercial...
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Produced in partnership with Sullivan 12th Jan
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...
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9th Nov

Most recent The property content

Practice notes
Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...
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14th Apr
Precedents
dated [date]parties1[name of the Company] [of OR incorporated in England and Wales with Company registration number [number] whose registered office...
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12th Apr
Precedents
This agreement is made the [insert date] day of [insert month and year] Between [owners of property] of [insert address] (the ‘Owners’) and [managing...
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12th Apr
Practice notes
The CRC Energy Efficiency Scheme (CRC Scheme) was a mandatory emissions trading scheme in the UK that aims to cut carbon dioxide emissions and improve...
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9th Apr
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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8th Apr
Practice notes
Title to a charity's properties may be held:•in the names of the individual trustees (if the charity is a trust)•in the name of a company (either...
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8th Apr
Practice notes
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate...
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8th Apr
Practice notes
In both investment and development real estate finance transactions (REF transactions), lawyers will also play a key role in negotiating all the...
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Produced in partnership with Kelly Myles 8th Apr
Practice notes
What is a letter of non-crystallisation?A letter of non-crystallisation is required by a buyer’s/lender’s solicitor to confirm that:•a floating charge...
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8th Apr
Practice notes
The properties owned by a company can be acquired by one of two methods:•a purchase of assets owned by the company (an asset purchase), or•a purchase...
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8th Apr
Practice notes
This Practice Note sets out the key property related documents and information used or reviewed by real estate lawyers in an investment finance...
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8th Apr
Practice notes
This Practice Note sets out the searches that should be carried out prior to completion (pre-completion searches), including priority searches (OS1...
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8th Apr
Practice notes
Date and frequencyThe frequency of a rent review is a matter for negotiation. The most common period in practice at the moment is every five...
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8th Apr
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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8th Apr
Practice notes
In real estate finance transactions, the property is the main asset of the borrower and the security package taken by the lender will be based around...
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8th Apr
Practice notes
Land Charges searches are not required for dealings with registered land, but if you are acting for a lender in connection with a charge over an...
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8th Apr
Practice notes
This Practice Note deals with the extent of a valuer’s liability to buyers, sellers and mortgagees for inaccurate valuations, including the margin of...
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8th Apr
Practice notes
This Practice Note provides a summary of the purpose, nature and scope of the property aspects of the due diligence process that is carried out by the...
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8th Apr
Practice notes
A valuer estimates or assesses the worth or value of, or fixes a price for, a property. The note does not cover the liability of a valuer acting as an...
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8th Apr
Practice notes
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title...
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8th Apr

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