Enforcing security

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Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus on execution of documents and company filing and...
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15th Oct
Practice notes
Legal opinions are used in the vast majority of financing transactions. They are usually either a condition precedent to funding or a condition...
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8th Oct
Practice notes
Guarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common...
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29th Sep
Practice notes
In financing transactions, conditions precedent are the conditions that need to be fulfilled for funding to occur.This Practice Note explains:•the...
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26th Sep
Practice notes
Debentures are used in many types of financing where it is desirable to take security over all of the assets of a particular entity. They are a form...
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26th Sep
Practice notes
Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction.Independent set-off and...
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26th Sep
Practice notes
There are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note explains:•the nature of a...
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26th Sep
Practice notes
Land (or real property) is commonly offered as security for a loan. In this context, land has more relevance than some other assets because it can be...
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26th Sep
Practice notes
Coronavirus (COVID-19): Transaction planning will need to take into account the impact of coronavirus (COVID-19) on execution of documents and company...
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26th Sep
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to guarantees. The cases are divided by topic area and...
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25th Sep
Practice notes
What is a debenture?In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a...
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25th Sep
Practice notes
Contractual rights are a type of chose in action, ie something that is recoverable by legal action as opposed to something that is physically...
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25th Sep
Practice notes
In commercial lending transactions receivables are typically offered as security:•as part of a package of security over the whole of a company's...
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25th Sep
Practice notes
A lender's primary concern is that it is repaid. Even if a lender obtains a judgment for payment of the sum owed to it by its borrower, this does not...
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25th Sep
Practice notes
There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...
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25th Sep
Practice notes
Guarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual arrangement...
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25th Sep

Most recent Enforcing security content

Practice notes
Roles, powers and duties of administratorsThe core of an administrator's role is to achieve one of the three purposes of the administration set out in...
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25th Sep
Practice notes
Security over land can be taken by way of mortgage or charge with the appropriate form often depending on the significance of the land to the...
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25th Sep
Practice notes
SummaryA secured creditor has a variety of remedies available to it to realise value from the security. However, it is prudent for any secured...
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25th Sep
Practice notes
This Practice Note considers the enforcement options available to lenders where they hold fixed security. In particular it covers:•the options...
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25th Sep
Practice notes
The term receivables is often used to refer to book debts, although strictly speaking book debts is a narrower term because it refers to 'debts...
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25th Sep
Practice notes
What is a debenture?In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a...
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25th Sep
Practice notes
SummaryThe nature of the asset covered by the security often dictates the manner in which it will be realised to produce value for the security holder...
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26th Sep
Practice notes
SummaryThe nature of the asset covered by security often dictates the manner in which it will be realised to produce value for the security holder...
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26th Sep
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to acceleration of debt and enforcement of security. The...
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26th Sep
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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26th Sep
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...
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28th Sep
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...
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28th Sep
Q&As
What is marshalling?Marshalling gives a singly-secured creditor a right in equity to require a doubly-secured creditor to satisfy itself or, be...
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28th Sep
Q&As
SummaryAlthough there is no reported authority directly considering this issue, it seems clear that handing over share certificates and transfers...
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Produced in partnership with Robin Kingham of Gough Square Chambers 28th Sep
Q&As
The key characteristic of a fixed charge is that the security holder exercises a certain level of control over the charged asset preventing the...
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28th Sep
Q&As
This Q&A discusses the rights of a lender to set off a sum that the lender owes to a borrower (eg a credit balance on a deposit account) against an...
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Produced in partnership with Brian Cain 28th Sep
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...
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28th Sep
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...
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Produced in partnership with Brian Cain 28th Sep
Q&As
Does a mortgagee have the right to redeem a prior ranking mortgage?This is a fairly complicated area but in short there will be situations in which a...
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28th Sep
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...
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Produced in partnership with Brian Cain 28th Sep

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