Taking security

Resource type: Practice note: overview

Status: Maintained

Jurisdictions: England, Wales

This note provides an outline of the types of security available to a lender and discusses various issues a lender should be aware of when taking security, for example, contractual issues, financial assistance, corporate benefit and environmental issues.

This note also contains links to a multi-jurisdictional guide to finance (which includes issues relating to taking security) and a detailed note on security provided by a borrower to a lender in connection with a secured financing in the US.

PLC Finance (based on an original version by Peter Hall, Freshfields, Bruckhaus Deringer)

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Resource information

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Resource ID: 2-107-4032
Products: PLC UK Finance, PLC UK Law Department, PLC UK Property, PLC UK Public Sector
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Related content

Topics

Asset FinanceAsset Finance (http://finance.practicallaw.com/5-201-5200)
Lending: GeneralLending: General (http://finance.practicallaw.com/1-103-2033)
Project FinanceProject Finance (http://finance.practicallaw.com/3-201-5282)
Real Estate Finance and InvestmentReal Estate Finance and Investment (http://finance.practicallaw.com/9-103-2086)
Security and Quasi SecuritySecurity and Quasi Security (http://finance.practicallaw.com/6-103-1106)
Structured FinanceStructured Finance (http://finance.practicallaw.com/8-103-1105)
Trade FinanceTrade Finance (http://finance.practicallaw.com/0-103-1109)

Practice note: overview

Perfection and priority of security Perfection and priority of security (http://crossborder.practicallaw.com/topic6-107-5015)
Quasi-security: overview Quasi-security: overview (http://crossborder.practicallaw.com/topic0-520-7302)

Practice notes

Financial collateral arrangements Financial collateral arrangements (http://crossborder.practicallaw.com/topic8-212-1954)
Mortgages and charges over land Mortgages and charges over land (http://crossborder.practicallaw.com/topic2-107-4640)
Registration of charges created by companies and limited liability partnerships on or after 1 October 2009 Registration of charges created by companies and limited liability partnerships on or after 1 October 2009 (http://crossborder.practicallaw.com/topic7-385-5619)
Reviewable transactions in corporate insolvency Reviewable transactions in corporate insolvency (http://crossborder.practicallaw.com/topic5-107-3979)
Syndicating European debt into the US: It is not the picture but how you view it Syndicating European debt into the US: It is not the picture but how you view it (http://crossborder.practicallaw.com/topic9-519-5432)
Taking security from partnerships Taking security from partnerships (http://crossborder.practicallaw.com/topic0-504-6352)
Taking security over chattels Taking security over chattels (http://crossborder.practicallaw.com/topic4-200-4396)
Taking security over freehold and leasehold property Taking security over freehold and leasehold property (http://crossborder.practicallaw.com/topic9-378-7525)
Taking security over intellectual property Taking security over intellectual property (http://crossborder.practicallaw.com/topic2-202-0175)
Taking security over shares and debt securities Taking security over shares and debt securities (http://crossborder.practicallaw.com/topic8-200-4403)
Who is "connected" or "associated"? Who is "connected" or "associated"? (http://crossborder.practicallaw.com/topic9-422-3889)

Standard documents

Charge over bank account Charge over bank account (http://crossborder.practicallaw.com/topic6-380-7619)
Charge over shares and securities (certificated) Charge over shares and securities (certificated) (http://crossborder.practicallaw.com/topic4-336-6952)
Charge over shares and securities (uncertificated) Charge over shares and securities (uncertificated) (http://crossborder.practicallaw.com/topic0-264-2953)
Debenture Debenture (http://crossborder.practicallaw.com/topic3-202-3055)
Mortgage of chattels Mortgage of chattels (http://crossborder.practicallaw.com/topic7-500-3226)
Mortgage of shares Mortgage of shares (http://crossborder.practicallaw.com/topic5-505-4740)
Mortgage of shares and securities (certificated) Mortgage of shares and securities (certificated) (http://crossborder.practicallaw.com/topic3-322-7952)
Mortgage of shares and securities (uncertificated) Mortgage of shares and securities (uncertificated) (http://crossborder.practicallaw.com/topic8-264-2954)
Security assignment of contractual rights Security assignment of contractual rights (http://crossborder.practicallaw.com/topic9-508-0695)

Drafting note

Form MG01: drafting note Form MG01: drafting note (http://crossborder.practicallaw.com/topic3-386-4574)

Checklists

Security by way of lien: checklist Security by way of lien: checklist (http://crossborder.practicallaw.com/topic2-206-0190)
Taking security by way of charge: checklist Taking security by way of charge: checklist (http://crossborder.practicallaw.com/topic0-206-0191)
Taking security by way of mortgage: checklist Taking security by way of mortgage: checklist (http://crossborder.practicallaw.com/topic4-206-0189)
Taking security by way of pledge: checklist Taking security by way of pledge: checklist (http://crossborder.practicallaw.com/topic6-206-0188)
Taking security from an English company Taking security from an English company (http://crossborder.practicallaw.com/topic0-502-2898)

Glossary

Charge Charge (http://crossborder.practicallaw.com/topic2-107-5890)
Fixed charge Fixed charge (http://crossborder.practicallaw.com/topic0-107-5768)
Floating charge Floating charge (http://crossborder.practicallaw.com/topic0-107-5773)
Lien Lien (http://crossborder.practicallaw.com/topic1-107-6319)
Mortgage Mortgage (http://crossborder.practicallaw.com/topic8-107-6863)
Pledge Pledge (http://crossborder.practicallaw.com/topic2-107-7016)

Legal update: archive

Ask the Team: Are section 6 Law of Distress Amendment Act 1908 notices caught by the moratorium imposed during administration? Ask the Team: Are section 6 Law of Distress Amendment Act 1908 notices caught by the moratorium imposed during administration? (http://crossborder.practicallaw.com/topic3-386-3211)
Ask the Team: Why should the buyer ask for a letter of non-crystallisation where the charge has not been registered at the Land Registry? Ask the Team: Why should the buyer ask for a letter of non-crystallisation where the charge has not been registered at the Land Registry? (http://crossborder.practicallaw.com/topic1-500-2932)

Help and information note

How to answer security problems How to answer security problems (http://crossborder.practicallaw.com/topic4-518-4412)

Taking security

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