Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues

Legal Research

Q&As
Can a mortgagee redeem a prior ranking mortgage and if so in what circumstances?Does a mortgagee have the right to redeem a prior ranking...
5th Jun
Q&As
Does an intercreditor deed or deed of priority need to be filed at the Land Registry?Competing security interests arise when more than one creditor...
Produced in partnership with James Hall of Hardwicke Chambers 5th Jun
Q&As
A company wants to be permitted to sell assets without having to consult the security holder and for there to be an agreed order for selling the...
5th Jun
Q&As
Is a borrower allowed to repay a loan early if the facility agreement is silent on whether prepayment is allowed?Whether early prepayment is allowed...
Produced in partnership with James Hall of Hardwicke Chambers 5th Jun
Q&As
Can you pursue one of several guarantors without affecting the liability of the other guarantors?This Q&A focuses on the rights of a beneficiary of a...
5th Jun
Q&As
In the absence of an express provision in a contract, is the default position that a contract can be novated upon written agreement of the...
5th Jun
Q&As
When might it be necessary to register a retention of title clause at Companies House?What is a retention of title clause?At its simplest,...
5th Jun
Q&As
Does a guarantee have to be executed as a deed?No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an...
5th Jun
Q&As
What are collective action clauses and why are they used in sovereign bond documentation?What are collective action clauses?Collective action clauses...
5th Jun
Q&As
Does a debenture or legal charge need to be signed/executed by the lender as well as borrower? If the lender does not have a copy of either document...
Produced in partnership with James Hall of Hardwicke Chambers 5th Jun
Q&As
Is it correct that a lender can execute a debenture under hand only, and not as a deed, in order to create a valid disposition of land under section...
5th Jun
Q&As
Is there any guidance on the aggregation principle in relation to the €5m prospectus exemption?As set out in our Practice Note: The Prospectus...
5th Jun
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...
Produced in partnership with Thomas Samuels of Gough Square Chambers 5th Jun
Q&As
Who can act as a process agent?A process agent is a person or entity that is appointed to receive, accept and acknowledge service of process on behalf...
5th Jun
Q&As
Why is there a Main Market and a Professional Securities Market on the London Stock Exchange?IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks...
5th Jun
Q&As
In the context of intra-group loans, is a subordination deed only required to subordinate loans from non-obligor lenders to obligor debtors? Is there...
5th Jun
Q&As
Is there any specific law or regulations in force that created the Coronavirus Business Interruption Loan Scheme scheme? If so, what are they? Or is...
5th Jun
Q&As
Should an in-scope entity receiving the benefit of a security document, governed by the laws of a non-EEA jurisdiction, require the person granting...
5th Jun
Q&As
Does a borrower have a right to prepay a loan and can you restrict the ability of the borrower to voluntarily prepay?This point is addressed in...
5th Jun
Q&As
Are there any circumstances in which a floating charge could satisfy the control or possession requirement for the purposes of the Financial...
5th Jun

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