06/06/17

Dentons publishes the Taking Security Guide

Dentons has published its first ever global Taking Security Guide, which offers an overview of the requirements and regulations on taking security against loans in more than 30 countries across Europe, North America, Asia, Australia, Africa, Latin America and the Middle East.

In our interconnected global economy, banking and finance transactions are becoming increasingly complex and the act of taking security in loan transactions requires creditors to continually keep abreast of relevant regulations and their developments,” said Stéphane Hadet, Partner at Dentons’ Luxembourg office. “Cross-border transactions, in particular, demand careful consideration of the choice of law and security package structuring in order to manage risk and, thus, Luxembourg stands out as a jurisdiction of choice due to its longstanding, safe, and lender friendly collateral arrangements legal framework.”

The Taking Security Guide allows both lenders and borrowers to keep abreast of local regulatory positions and developments, and compare their security position or options across multiple jurisdictions.

For each country, the guide provides an outline of the types of obligations that can be secured; the types of security that can be taken; specific requirements relating to guarantees; financial assistance restrictions; applicable fees and taxes; and enforcement rights.

This guide is intended to be an overview only and does not serve as legal advice on taking security in the jurisdictions covered. Queries regarding a specific country can be directed to the Dentons lawyers noted at the end of each section. 

The full Taking Security Guide, as well as regional and country excerpts, can be downloaded at: https://www.dentons.com/en/insights/guides-reports-and-whitepapers/2017/june/1/dentons-taking-security-guide

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