Enforcing security

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Provided that no moratorium on enforcement of security is in place, and subject to the security having been duly registered at the Companies' Registry and at any relevant specialist registry, a secured lender has a variety of options in enforcing its security depending upon the nature of the security granted and the type of assets secured.

This overview is a guide to the Banking & Finance content within the Enforcing security subtopic, with links to the appropriate materials.

Preparatory steps and initial considerations

For an overview of preliminary issues which a secured creditor should consider before it takes steps to enforce its rights under any security documents, see Practice Note: How to prepare to enforce security.

That Practice Note discusses the advantages and disadvantages of enforcing security, checking that the security is valid, some common matters which need to be dealt with in relation to syndicated loans, particularly those with multiple layers of debt regulated by an intercreditor agreement, and making a demand prior to enforcement.

In some situations, lenders may need to consider regulatory frameworks that may impact the decision to enforce, or the method of enforcement.

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