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 regulatory frameworks are constantly evolving," said Helen Ord, Partner at Dentons' Sydney office. "The act of taking security in loan transactions requires creditors to continually keep abreast of relevant regulations and their developments. Cross-border transactions, in particular, demand careful consideration of the choice of law and security package structuring in order to manage risk".
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.
Dentons' global Banking and Finance practice includes more than 900 lawyers around the world, offering quality advice and insight in the areas of banking, finance, financial institution regulation and private equity.
The full Taking Security Guide, as well as regional and country excerpts, is available to download.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.