Q&As

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

Legal Research

Q&As
Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see...
Produced in partnership with Philip Patterson of Hardwicke Chambers 8th Apr
Q&As
The principle at law is that all creditors will rank equally (or pari passu) unless the parties have agreed otherwise. Practice Note: Order of...
8th Apr
Q&As
A security trustee will normally be appointed on a syndicated transaction to hold security on behalf of all the lenders from time to time. This avoids...
8th Apr
Q&As
Limited partnerships—general informationFor information on limited partnerships generally, see Practice Note: The nature of a limited partnership and...
8th Apr
Q&As
Guarantees are a contractual arrangement where one party (the guarantor) agrees to answer for the liability of another party (the principal or...
Produced in partnership with Tom Stewart Coats of XXIV Old Buildings 8th Apr
Q&As
When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...
8th Apr
Q&As
Further education activitiesA corporation carrying out further education activities may take the following legal forms:•a statutory ‘further education...
8th Apr
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...
8th Apr
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...
Produced in partnership with Brian Cain 8th Apr
Q&As
Why are material adverse change (MAC) clauses in the spotlight?The coronavirus (COVID-19) outbreak has already caused some businesses to fail and...
8th Apr
Q&As
Negative pledgeA negative pledge is a contractual undertaking. In lending transactions, such a clause would typically prevent the borrower from...
8th Apr
Q&As
SummaryAn ELP has no separate legal personality and this gives rise to a number of complexities that affect the structure of a lending transaction and...
8th Apr
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...
Produced in partnership with Brian Cain 8th Apr
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...
Produced in partnership with Brian Cain 8th Apr
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...
Produced in partnership with Brian Cain 8th Apr
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...
8th Apr

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