Security and Quasi Security

A note on taking security by way of an agricultural charge under the Agricultural Credits Act 1928. The note looks at the specific characteristics of agricultural charges and the issues to consider when dealing with assets secured by them.

A practice note discussing charging orders over land, how to protect them, priority issues and the effect of insolvency and other security on their enforceability.

This note looks at the key stages involved in restructuring corporate debt.

This note explains: In what circumstances lenders are at risk of incurring environmental liabilities. The purpose of, and the various steps involved in, environmental due diligence. The various provisions that can be included in a facility agreement and debenture to address environmental issues.  

This note reviews the provisions of the Financial Collateral Arrangements (No 2) Regulations 2003 (SI 2003/3226). It looks at the various matters that should be considered under the Regulations when either a security, stock lending or a repo arrangement is being entered into in respect of financial collateral such as cash, financial instruments (such as shares in companies and other tradeable securities such as bonds) or credit claims (loans made available by credit institutions).

An overview of the nature and purpose of an intercreditor deed (or intercreditor agreement), including a description of the key provisions of such a document and an explanation of the difference between intercreditor deeds, deeds of priority and subordination agreements. This practice note also contains links to PLC US Finance practice notes relating to the use of intercreditor agreements in the United States.

A practice note listing key forthcoming dates for UK finance lawyers.

An overview of leasing as a financing technique for buying an asset. This note provides an introduction to different leasing structures including finance leases, operating leases, hire-purchase arrangements and sale and leaseback. It also considers the advantages and disadvantages of leasing as a finance technique. This note links to a multi-jurisdictional guide to finance, which includes issues relating to various types of commercial security, including hire-purchase, retention of title and sale and leaseback in other jurisdictions.

A practice note on mortgagees, their rights and duties and commonly asked questions when dealing with mortgagees in possession principally in relation to land and real estate.

This note explains the role of notaries and what notarisation means. It outlines the types of documents that are notarised and explains what legalisation and apostille mean. It includes a checklist of what to consider when instructing a notary.

This note covers the registration and other formalities for perfecting a security interest over freehold or leasehold property (also known as real estate). The registration and other formalities include whether or not the security interest needs to be signed as a deed or be in writing, registering the security interest at Companies House and the Land Registry and serving notices on landlords and prior mortgagees. The perfection requirements for a range of security interests are covered, including legal mortgages, equitable mortgages, fixed charges, floating charges and liens.

A toolkit to assist with refinancing a company's existing indebtedness.

A note outlining the law under the Companies Act 2006 on the registration of charges created on or after 1 October 2009 (but before 6 April 2013) by companies and limited liability partnerships registered in England and Wales. The relevant sections of the Companies Act 2006 referred to in this note came into force on 1 October 2009. For a note setting out the registration regime under the Companies Act 1985, the regime that applied to charges created before 1 October 2009, see Practice note, Registration of charges under the Companies Act 1985. Note: The regime for registering charges at Companies House changed on 6 April 2013. For more information, see Practice note, Registration of charges created by companies and limited liability partnerships on or after 6 April 2013.

This note sets out the law on the registration of charges under the Companies Act 1985.  This registration regime applied to charges created by companies before 1 October 2009. Registration of charges created by companies on or after 1 October 2009 is governed by the Companies Act 2006.  For more information on this regime, see Registration of charges created by companies and limited liability partnerships on or after 1 October 2009.

This note describes the practicalities of releasing a mortgage or charge that has been given by a security provider over its property, assets and undertaking to a lender under a security agreement.

This practice note analyses the UK tax treatment of sale and repurchase agreements (repos) for companies.

This practice note explains the difference between set-off and netting. It also reviews their use in finance transactions.

This practice note gives an introduction to stock lending, the key legal issues involved in it and its advantages and disadvantages.

This practice note explains when a stock transfer form is required, and provides details on how to complete the form. For a stock transfer form that can be edited and saved to your desktop, please see Standard document, Stock transfer form.

A note on whether parties can use deeds of substituted security in secured property finance transactions.

A brief overview for corporate lawyers of the options available to lenders when taking security for loans. For a more detailed note on taking security, see Practice note, Taking security.

This practice note explains the main differences in security law between English and Scottish law and looks at the different types of security, the registration requirements and conflicts of law between the two jurisdictions. Please note that all references to English law in this note are to the laws of England and Wales, and references to England include references to Wales. This note is currently under review in anticipation of the revised regime for the registration of security under Part 25 of the Companies Act 2006, effective as of 6 April 2013. For more information, see Practice note, Registration of charges created by companies and limited liability partnerships on or after 6 April 2013.

A note on using goods or chattels owned by companies (or limited liability partnerships) to provide security for financing. This note also contains a link to a multi-jurisdictional guide to finance, which includes issues relating to taking security over chattels.

A practice note on the security that can be taken (or arise) over freehold and leasehold property. This includes legal mortgages (also known as legal charges), equitable mortgages, fixed charges and floating charges. As the lender often takes security over property (also known as real estate) together with security over other assets owned by the borrower, the security interest created over the property may be contained within a global security document (commonly referred to as a debenture).

This note looks at taking, perfecting, registering and enforcing security over land in Scotland. It also considers the impact of the reforms to the Scottish system of land registration.

This note outlines the provisions of The Credit Institutions (Reorganisation and Winding Up) Regulations 2004 (SI 2004/1045), and considers them in the context of European Parliament and Council Directive 2001/24/EC on the reorganisation and winding up of credit institutions.

This practice note considers the statutory provisions relating to "connected" and "associated" parties and examines their impact in the pensions context.