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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 Security content

Q&As
This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its...
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28th Sep
Q&As
The impact of losing title deeds depends primarily on whether the title in respect of which the bank has been granted the mortgage, comprises...
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Produced in partnership with James Hall of Hardwicke Chambers 28th Sep
Q&As
SummaryIf a security holder consents in advance to the sale of an asset which is within the scope of the security and the free use of the sale...
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28th Sep
Q&As
This Q&A analyses the general principles that apply in determining whether security created by an English company pursuant to a typical English law...
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Produced in partnership with Brian Cain 28th Sep
Q&As
SummaryA general partner (GP) will normally hold legal title to the assets of the limited partnership (LP). As the LP has no separate legal...
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28th Sep
Q&As
SummaryA corporation formed under a public Act that is not a registered or unregistered company under the Companies Act 2006 (CA 2006) is known as a...
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28th Sep
Q&As
SummaryA simple acknowledgement of a notice of assignment of a contract or debt by the relevant contract counterparty of the assignor (the recipient)...
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28th Sep
Q&As
This Q&A discusses the factors a lender will need to consider if it is asked to waive an event of default under a loan agreement.The following...
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Produced in partnership with Brian Cain 28th Sep
Q&As
Generally speaking, a deed of release is not necessary in addition to a form DS1 in order to release a charge registered at HM Land Registry.In the...
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Produced in partnership with James Hall of Hardwicke Chambers 28th Sep
Q&As
In summary, if a valid charge is registered against the title to a property only by way of a unilateral notice or agreed notice, the notice will be...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 28th Sep
Q&As
In summary, it is possible for the grant of security to be set aside as a preference. The position is less straightforward, however, in respect of...
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28th Sep
Q&As
SummaryA member of a limited liability partnership (LLP) may create a security interest in favour of a lender over its rights in the relevant LLP....
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28th Sep
Q&As
Negative pledgeA negative pledge is a contractual undertaking. In lending transactions, such a clause would typically prevent the borrower from...
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28th Sep
Q&As
Why is the restriction on asset disposals needed and what clauses should the bank consider in these circumstances?In a secured financing, the bank...
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28th Sep
Q&As
Legal chargeA legal charge will need to be registered at the Companies House and HM Land Registry.A legal charge in respect of registered land is a...
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28th Sep
Q&As
This Q&A discusses the circumstances where a security holder with security over land may become a mortgagee in possession upon exercising its rights...
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Produced in partnership with Brian Cain 28th Sep
Q&As
Registering a security at Companies HouseThe period allowed for delivery of a registrable charge, together with the statement of particulars is 21...
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28th Sep
Q&As
This Q&A describes the steps that a lender should take to ensure that it gets valid security over land held by trustees for a beneficiary.For general...
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Produced in partnership with Brian Cain 28th Sep

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