Security Documentation

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Overview

This intensive course will cover all aspects of security documentation focusing on the anatomy of the security document itself and the legal ramifications of an incorrectly drafted document.

Starting with the reasons for taking security, delegates will be guided through the complete security process, from preliminary due dilgence, drafting and negotiating an effective security document, perfecting security and understanding enforcement, to challenges to security, inter-creditor arrangements and cross-border issues. The course will also examine the specific issues at play when taking security across different assets.

This course will cover:

  • Why take security?
  • Challenges to security
  • Fixed and floating charge debentures
  • Specific security
  • Subordination, priorities and postponement
  • Guarantees, indemnities and performance bonds
  • Recent developments in legislation and case law

Who should attend

  • In-house lawyers in financial institutions
  • Bankers concerned with the negotiation of loans
  • Bank executives involved in the negotiation of security documents
  • Lawyers in private practice who advise clients on security documents
  • Corporate counsel

Venue

Venue to be confirmed

All our courses are held in 4 or 5 star city centre hotels. Further details will be sent on registration.

Related Courses

Inhouse


 

Do you have five or more people interested in attending this course? Do you want to tailor it to meet your company's exact requirements? If you'd like to do either of these, we can bring this course to your company's office. You could even save up to 50% on the cost of sending delegates to a public course.

To find out more about running this course in-house:





Our Tailored Learning Offering

If you want to run this course at a location convenient to you or if you want a completely customised learning solution, we can help.

We produce learning solutions that are completely unique to your business. We'll guide you through the whole process, from the initial consultancy to evaluating the success of the full learning experience. Our learning specialists ensure you get the maximum return on your training investment.

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We can offer any of our public courses delivered at your office or we can devise completely tailored solutions:


Read more about our offering or complete a call back request to speak to a learning specialist.

 

Agenda

Day 1

 
Introduction

  • Why take security?
  • Mortgages, charges, pledges and liens


Some General Principles

  • Legal and equitable title
  • Legal and equitable charges, assignments or mortgages
  • Fixed and floating charges

 
Preliminaries To Taking Security

  • Capacity
  • Authorisation
  • Insolvency
  • Prior charges


Challenges To Security

  • Transactions at an undervalue
  • Voidable preferences
  • Floating charges
  • Financial assistance

 
Perfecting Security

  • Registration: Companies House and Bills of Sale Registry
  • Registration: land, ships, aircraft, intellectual property
  • Notices to third parties: assignments of contracts and deposits
  • Notices to prior charge holders

 
Anatomy Of A Security Document (Part 1)

  • Deed or Agreement
  • Parties
  • Definitions and interpretation
  • Covenant to Pay
  • Charging clause
  • Representations and warranties
  • Covenants: positive and negative
  • Insurance


Anatomy Of A Security Document (Part 2)

  • Powers to remedy
  • Powers of enforcement
  • Power of attorney
  • Application and appropriation
  • Other clauses


 

Day 2


Debentures

  • Fixed and floating charges revisited
  • Charges over book debts; the Spectrum decision
  • Receivers and administrators: Enterprise Act 2002
  • Floating charges – disadvantages
  • Key clauses and key issues


Security Over Land

  • Preliminaries - investigation of title and other matters
  • Key clauses and key issues
  • Enforcement

 
Security Over Ships, Aircraft And Other Chattels

  • Ships
    - Statutory mortgages, non-statutory mortgages, deeds of covenant and general assignments
    - Insurances, earnings and requisition compensation
    - Time charterparties and bareboat charterparties
    - Key clauses and key issues
    - Registration
    - Enforcement
  • Aircraft
    - Mortgages
    - Key clauses and key issues
    - Registration
    - Enforcement
  • Chattels
    - Mortgage or charge?
    - Three practical limitations
    - Key clauses and key issues

 
Security Over Contracts

  • General principles
  • Key clauses and key issues
  • Enforcement
  • Step-In Agreements


Security Over Cash Deposits

  • Charge, assignment or set-off?
  • Key clauses and key issues
  • Registration
  • Financial Collateral

 
Security Over Shares And Other Securities

  • Preliminaries
  • Mortgage or charge?
  • Depository systems
  • Listed securities – CREST
  • Key issues and key clauses
  • Registration
  • Financial collateral


 

Day 3

 
Security Over Intellectual Property

  • Introduction
  • Intellectual property rights
  • Intangible rights
  • Physical materials
  • Exploitation of intellectual property rights
  • Conclusion

 
Guarantees, Indemnities And Performance Bonds

  • Guarantees, indemnities and performance bonds distinguished
  • Corporate guarantees – due diligence
  • Challenges
  • Key clauses and key issues

 
Subordination, Priorities And Postponement

  • Subordination or postponement
  • Deeds of priorities

 
Syndicated Lending

  • Some general principles
  • Who takes security
  • Drafting Issues
  • Cross-border Issues

 
Cross-Border Issues

  • Conflict of laws
  • Conflicts - contractual issues
  • Conflicts - proprietary issues (land)
  • Conflicts - proprietary issues (goods)
  • Conflicts – proprietary issues (intangibles)
  • Insolvency
  • Legal advice
  • Enforcement

 
Course summary and close
 


 

Why us


We have a combined experience of over 60 years providing learning solutions to the world’s major organisations and are privileged to have contributed to their success. We view our clients as partners and focus on understanding the needs of each organisation we work with to tailor learning solutions to specific requirements.

We are proud of our record of customer satisfaction. Here is why you should choose us to help you achieve your goals and accelerate your career:

  • Quality – our clients consistently rate our performance ‘excellent’ or ‘outstanding’. Our average overall score awarded to us by our clients is nine out of ten.
  • Track record – we have delivered training solutions for 95% of worlds’ top 100 banks and have trained over 250,000 professionals.
  • Knowledge – our 150 strong team of industry specialist trainers are world leading financial leaders and commentators, ensuring our knowledge base is second to none.
  • Reliability – if we promise it, we deliver it. We have delivered over 20,000 events both in person and online, using simultaneous translation to delegates from over 180 countries.
  • Recognition – we are accredited by the British Accreditation Council and the CPD Certification Service. In an independent review by Feefo we scored 96% on service and 95% on product