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Types of security

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End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Banking and Finance weekly highlights—16 September 2021

Banking and Finance weekly highlights—16 September 2021

The following Banking & Finance news provides comprehensive and up to date legal information on Banking and Finance weekly highlights—16 September 2021

DWP consultation on improving the notifiable events regime—increasing the powers of TPR through regulations

DWP consultation on improving the notifiable events regime—increasing the powers of TPR through regulations

The following Banking & Finance news provides comprehensive and up to date legal information on DWP consultation on improving the notifiable events regime—increasing the powers of TPR through regulations

Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)

Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)

The following Banking & Finance news provides comprehensive and up to date legal information on Unsuccessful application for an order declaring an administrator’s appointment invalid (Galer v Mond)

Featured Banking & Finance content

Negative pledges

Negative pledges

Negative pledgesThis Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative...

Floating charges

Floating charges

Floating chargesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...

Bills of exchange—structure and parties

Bills of exchange—structure and parties

Bills of exchange—structure and partiesBills of exchange are negotiable instruments that represent an unconditional promise by one party to pay...

Loan Market Association (LMA) leveraged documentation

Loan Market Association (LMA) leveraged documentation

Loan Market Association (LMA) leveraged documentationDevelopment of the Loan Market Association (LMA) documentationThe project to develop the LMA...

Precedents

Reservation of rights letter: breach of bilateral facility agreement

[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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19th May
Practice notes

European PIK loan facilities

European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 19th May
Practice notes

Introduction to fund finance—capital call facilities

Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 19th May
Practice notes

Increased costs

Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes

Perfecting security

Perfecting securityIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes

Synthetic securitisations

Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes

Bilateral, syndicated and club arrangements

Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes

Pre-export finance—key terms in the facility agreement

Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 19th May
Practice notes

Derivatives—ISDA documentation framework

Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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19th May
Practice notes

The facility agent

The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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19th May
Precedents

Guarantee and indemnity: cross guarantee from group companies—bilateral—all monies

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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19th May
Practice notes

Transferring a loan by equitable assignment

Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
Precedents

Facility letter (term loan): single company borrower—bilateral—unsecured

[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes

Loan Market Association (LMA)—news on documentation [Archived]

Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes

Crystallisation of floating charges

Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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19th May
Precedents

Overdraft facility letter: single company borrower—bilateral—with or without a guarantee

[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May

Most recent Types of security content

Practice notes

Security—an introductory guide

Security—an introductory guideThis Practice Note provides a basic introduction to security and covers the following:•what is security•why do lenders...
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9th Sep
Practice notes

Floating charges—advantages and disadvantages

Floating charges—advantages and disadvantagesSummary of advantages and disadvantages of the floating chargeThis Practice Note discusses the advantages...
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9th Sep
Practice notes

Fixed and floating charges

Fixed and floating chargesThere are four main types of security available under English law: •mortgage•charge•pledge, and•lienThis Practice Note...
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9th Sep
Practice notes

Types of security

Types of securityA 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...
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10th Aug
tag iconIn-house
Practice notes

Assignment—key cases

Assignment—key casesThis Practice Note sets out certain key cases and relevant content in relation to assignment. The cases are divided by topic area...
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10th Aug
Practice notes

Fixed and floating charges—key cases

Fixed and floating charges—key casesThis Practice Note sets out certain key cases and associated relevant content in relation to fixed and floating...
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10th Aug
Practice notes

How is a mortgage created?

How is a mortgage created?A mortgage is one of the four types of security recognised under English law and described in Types of security.This...
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10th Aug
Practice notes

Pledges

PledgesA pledge is one of the four types of security recognised under English law; the types of security are described in Practice Note: Types of...
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10th Aug
Practice notes

Assignments by way of security

Assignments by way of securityAssignments by way of security can take different forms and it is important to understand how they are created and their...
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10th Aug
tag iconIn-house
Practice notes

Crystallisation of floating charges

Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
Read More >
10th Aug
Practice notes

Legal versus equitable security interests

Legal versus equitable security interestsLenders will often take security as support for a borrower's obligations under a loan. Taking security means...
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10th Aug
Practice notes

Mortgages

MortgagesLenders will often take security as support for a borrower's obligations under a loan. Taking security means that they will have certain...
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10th Aug
Q&As

If there is a fixed charge over agricultural equipment but the instrument contains wording to the effect that the schedule may be amended from time to time, then upon an amendment is there a new charge created or does the original charge continue or may the charge actually be a floating charge?

If there is a fixed charge over agricultural equipment but the instrument contains wording to the effect that the schedule may be amended from time to...
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10th Aug
Q&As

Is an acknowledgement of assignment an enforceable contract? Can the security agent sue the third party providing the acknowledgement for breach of contract if it does not do the things it has confirmed it will in the acknowledgement (even if the language does not state that the third party ‘undertakes’ to do any of the things it has been instructed to do but rather just ‘confirms’)?

Is an acknowledgement of assignment an enforceable contract? Can the security agent sue the third party providing the acknowledgement for breach of...
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10th Aug
Q&As

Can a crystallised floating charge be de-crystallised?

Can a crystallised floating charge be de-crystallised?Crystallisation of floating chargesA floating charge may Crystallize by operation of law or it...
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10th Aug
Q&As

What powers do the holder and grantor of a sub-charge have?

What powers do the holder and grantor of a sub-charge have?What is sub-security in the context of registered land?Sub-security in relation to...
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10th Aug
Q&As

Does an acknowledgement of a notice of assignment create enforceable obligations between the assignee and the recipient of the notice?

Does an acknowledgement of a notice of assignment create enforceable obligations between the assignee and the recipient of the notice?SummaryA simple...
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10th Aug
Q&As

What factors in the security document might result in an assignment being held to be equitable rather than legal? Is this an issue for enforcement?

What factors in the security document might result in an assignment being held to be equitable rather than legal? Is this an issue for...
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Produced in partnership with Thomas Samuels of Gough Square Chambers 10th Aug
Q&As

Is it possible for a mortgagee to create a sub-charge over its security and have the same registered at the Land Registry without notice to the mortgagor registered proprietor of the property?

Is it possible for a mortgagee to create a sub-charge over its security and have the same registered at the Land Registry without notice to the...
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10th Aug
Q&As

Is it possible to get round a prohibition on assignment by taking a charge or other security interest instead?

Is it possible to get round a prohibition on assignment by taking a charge or other security interest instead?This Q&A discusses whether or not a...
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Produced in partnership with Brian Cain 31st Jul

Popular documents

Joint, several, and joint and several liability

Joint, several, and joint and several liability

Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Public inquiry procedure

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be

Deed of surrender

Deed of surrender

DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office