01 May 2017

A Guide to Lending and Taking Security in Guernsey and Jersey (PLC Chapter)

Partners from our banking and finance practice have drafted the Guernsey and Jersey chapters of PLC's lending and taking security guide, providing a high level overview of these jurisdictions.

Summary

  • An overview of the lending market
  • Forms of security over assets
  • Special purpose vehicles (SPVs) in secured lending
  • Release of security over assets
  • Quasi-security
  • Guarantees
  • Risk areas for lenders
  • Structuring the priority of debts
  • Debt trading and transfer mechanisms
  • Agent and trust concepts
  • Enforcement of security interests and borrower insolvency
  • Cross-border issues on loans
  • Taxes and fees on loans, guarantees and security interests
  • Reform proposals

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