Enforcement options in respect of real estate finance transactions
Produced in partnership with CMS
Enforcement options in respect of real estate finance transactions

The following Banking & Finance practice note Produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • Enforcement options in respect of real estate finance transactions
  • Restructure or enforce?
  • Issues to consider before enforcement
  • Consensual sale
  • Validity of security
  • Share charge/pledge enforcement
  • Quasi-enforcement through exercising voting rights
  • Enforcement pursuant to the debenture
  • Appointment of a Receiver
  • Appointment of an administrator
  • More...

STOP PRESS: This Practice Note may be impacted by the coming into force of the Corporate Insolvency and Governance Act 2020 (the CIGA 2020), which was enacted on an accelerated basis to combat the financial effects of the Coronavirus (COVID-19) pandemic but which makes both permanent and temporary changes to restructuring and insolvency law. We are reviewing and, where necessary, amending our content—in the meantime, for information on the implications of the CIGA 2020 on lending, see Practice Note: The Corporate Insolvency and Governance Bill 2020 and other developments in insolvency and restructuring—key issues and discussion points for lenders.

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an

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