Q&As

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

Legal Research

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
Q&As
SummaryProvided that the other requirements for creating a contract are met, a guarantee can be validly created over (or evidenced by) email, as email...
Produced in partnership with Albert Sampson 8th Apr
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...
8th Apr
Q&As
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
8th Apr
Q&As
We refer you to Practice Note: Guarantor protections and how to exclude them in guarantee documentation—waiver of defences clauses, in particular the...
8th Apr
Q&As
The ability of a chargor to dispose of or otherwise deal with assets in the ordinary course of business is the hallmark of a floating charge. Chargors...
8th Apr
Q&As
SubrogationThe expression 'subrogation' is a convenient way of describing a transfer of rights from one person to another, without assignment or...
8th Apr
Q&As
We refer you to Practice Note: Voluntary revocation of guarantees by the guarantor giving notice to the lender, which examines when a guarantor can...
8th Apr
Q&As
An insolvency process over the debtor will not, on the face of it, affect the creditor's rights against the guarantor. If the debtor does enter into...
8th Apr
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...
8th Apr
Q&As
As a general rule, it is possible to grant security over receivables as a chose in action. A chose in action is an asset or sum which is recoverable...
8th Apr
Q&As
Article 55 of the Bank Resolution and Recovery Directive (BRRD)The Bank Recovery and Resolution Directive 2014/59/EU (BRRD) creates a harmonised...
8th Apr

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