Q&As

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

Legal Research

Q&As
Why might a borrower want to exclude part of its assets from the security package?In some secured financing transactions the borrower (or other...
8th Apr
Q&As
What is a negative pledge?A negative pledge is a contractual undertaking which prohibits or restricts the party granting the undertaking from creating...
8th Apr
Q&As
Crystallisation of a floating chargeThe nature of a floating charge is that it permits the debtor to make successive disposals (usually only in the...
Produced in partnership with Peter Susman of Henderson Chambers 8th Apr
Q&As
Does a mortgagee have the right to redeem a prior ranking mortgage?This is a fairly complicated area but in short there will be situations in which a...
8th Apr
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...
8th Apr
Q&As
No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an agreement in English law.A guarantee does have...
8th Apr
Q&As
While there is no specific primary legislation in relation to the Coronavirus Business Interruption Loan Scheme (CBILS), section 75 of the Coronavirus...
8th Apr
Q&As
This Q&A describes the remedy of appropriation conferred upon a security holder of shares by the Financial Collateral Arrangements (No 2) Regulations...
Produced in partnership with Brian Cain 8th Apr
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...
Produced in partnership with James Hall of Hardwicke Chambers 8th Apr
Q&As
The powers of the liquidator are set out in Schedule 4, Part III of the Insolvency Act 1986 (IA 1986). The liquidator’s general power to sell is found...
Produced in partnership with Oberon Kwok of Selborne Chambers 8th Apr
Q&As
This advice is current as at 26 March 2020 but may be updated as more guidance becomes available.The rules on creditors’ meetingsThe Insolvency...
Produced in partnership with Helen Kavanagh 8th Apr
Q&As
A guarantee is an agreement between one person/entity (the guarantor) and another person/entity (the creditor), whereby the guarantor will meet the...
8th Apr
Q&As
Guidance has not yet been published for insolvency practitioners in relation to physical company voluntary arrangement (CVA) meetings.  However, it is...
Produced in partnership with Aman Sehgal of Keystone Law 8th Apr
Q&As
While the effect of a scheme of arrangement is not exactly the same as a company voluntary arrangement (CVA) (as a scheme has binding force by...
Produced in partnership with Aman Sehgal of Keystone Law 8th Apr
Q&As
The procedure for a scheme of arrangement is set out in the Companies Act 2006 (CA 2006), and so is not subject to the amendments of the Insolvency...
Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Apr

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