Course dates
Course overview
This three-day intensive course will cover all aspects of security documentation, including the legal ramifications of an incorrectly drafted document.
Starting with the reasons for taking security, you 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 is a must attend course for in-house and private practice lawyers and anyone involved in the negotiation of security documentation.
By attending this course, you will return to the office confident in your ability to draft and negotiate
effective security documents.
This course will cover
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Why take security?
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Challenges to security
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Fixed and floating charge debentures
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Specific security
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Subordination, priorities and postponement
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Guarantees, indemnities and performance bonds
- Recent developments in legislation and case law
Who should attend?
Day 1
Introduction
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Why take security?
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Mortgages, charges, pledges and liens
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Retention of title
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Leases and hire purchase agreements
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Invoice discounting and factoring agreements
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All monies security; specific security
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Whose obligations are being secured?
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Syndication – security trustees
Some general principles
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Legal and equitable title
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Legal and equitable charges, assignments or mortgages
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Fixed and floating charges
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Redemption and clogs on the equity of redemption
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The rule in Dearle v Hall Clayton’s case
Preliminaries to taking security
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Capacity
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Authorisation
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Insolvency
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Prior charges
Challenges to security
Perfecting security
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Registration: companies house and bills of sale registry
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Registration: land, ships, aircraft, intellectual property
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Notices to third parties: assignments of contracts and deposits
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Notices to prior charge holders
Anatomy of a security document
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Deed or agreement
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Parties
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Definitions and interpretation
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Covenant to pay
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Charging clause
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Representations and warranties
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Covenants: positive and negative
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Insurance
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Powers to remedy
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Powers of enforcement
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Power of attorney
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Application and appropriation
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Other clauses
Debentures
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Fixed and floating charges revisited
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Charges over book debts; the Spectrum Decision
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Receivers and administrators: Enterprise Act 2002
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Floating charges – disadvantages
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Key clauses and key issues
Homework briefing: As homework, delegates will consider a flawed security document to determine its positive and negative attributes.
Day 2
Security over land
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Security over land
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Preliminaries – investigation of title and other matters
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Land Registration Act 2002 – the new regime
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Key clauses and key issues
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Enforcement
Securty over ships, aircraft and other chattels
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Ships
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Statutory mortgages, non-statutory mortgages, deeds of covenant and general assignments
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Time charterparties and bareboat charterparties
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Key clause and key issues
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Registration
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Enforcement
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Aircraft
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Mortgages
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Key clauses and key issues
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Registration
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Enforcement
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Chattels
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Mortgage or charge?
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Three practical limitations
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Key clauses and key issues
Security over contracts
Security over cash deposits
Homework briefing: As homework, delegates will be asked to prepare a review strategy for a set of security documents.
Day 3
Security over shares and other securities
Security over intellectual property
Guarantees, indemnities and performance bonds
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Guarantees, indemnities and performance bonds distinguished
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Corporate guarantees – due diligence
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Challenges Key clauses and key issues
Subordination, priorities and postponement
Cross-border issues
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Conflict of laws
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Conflicts – contractual issues
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Conflicts – proprietary issues (land)
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Conflicts – proprietary issues (goods)
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Conflicts – proprietary issues (intangibles)
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Insolvency
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Legal advice
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Enforcement
Case studies: In this session delegates will look at a series of case studies involving various types of security to draw out some of the key issues covered by the course.
Hotel in Central London, London, United Kingdom
Venue and Accommodation Information
All Euromoney Legal Training events are held at four or five star venues in Central London, Zone 1. We strive to provide you with a training environment of the highest quality, to ensure that the whole learning experience exceeds you expectations.
We have selected several venues across Central London, that we are confident meet our strict criteria for quality, service and professionalism. Each venue also offers accommodation for Euromoney Delegates at discounted professional rates.
Your training venue will be confirmed by one of our course administrators approximately 3-4 weeks before the course start date. Euromoney Legal Training can however recommend the following venues:
The Regency Hotel, Kensington
Found in London’s beautiful west-end, The Regency Hotel offers superb conference facilities and 4-star accommodation. The hotel is conveniently located for all major transport links, such as London’s Heathrow, Gatwick and Stanstead airports, all major London train stations, and is a short walk from the nearest tube station (South Kensington, Piccadilly Line).
For more information visit www.londonregency.com or call +44 (0) 207 373 7878
Millennium Knightsbridge
The four-star deluxe Millennium Hotel London Knightsbridge is situated in the heart of one of the best shopping areas of London. Of all the hotels in Knightsbridge, this Millennium Hotel is amongst one of the most contemporary and stylish Knightsbridge hotels in the area. This Knightsbridge hotel has excellent transport links - only a short walk from Knightsbridge underground station on the Piccadilly line and just 40 minutes from London Heathrow Airport via the underground.
For more information visit www.millenniumhotels.co.uk/millenniumknightsbridge or call +44 (0)20 7235 4377
Crowne Plaza, Kensington
The stylish Crowne Plaza London-Kensington hotel is a short walk from Victorian shopping, royal parks and London's epic museums. All the training rooms are fed with natural daylight with lunch or coffee breaks taking place on their attractive garden terrace.
For more information visit http://www.ichotelsgroup.com/crowneplaza/hotels/us/en/london/lonke/hoteldetail or call +44 (0)20 7373 2222
London Marriott Hotel, Kensington
Located close to Central London in the heart of Kensington, the London Marriott Kensington is perfectly situated for the best shopping and tourist attractions.
For more information visit http://www.marriott.co.uk/hotels/travel/lonlm-london-marriott-hotel-kensington
The Rembrandt, Knightsbridge
The Rembrandt is a spectacular hotel with the timeless ornate architecture and traditional qualities of an Edwardian building. Located in the exclusive area of Knightsbridge, the hotel was originally built as apartments for Harrods, as such all rooms have an individual shape, giving them each their own special feel. Each of the training rooms have natural daylight and a private lobby area.
For more information visit http://www.sarova.com/rembrandt or call +44 (0)20 7589 8100
Radisson Edwardian, Central London
The Radisson Edwardian offers a wide range of venues and accommodation across Central London, including such famous London areas as Covent Garden, Leicester Square and Mayfair. Each location offers 4-star accommodation and training facilities.
For more information visit www.radissonedwardian.com or call +44 (0)800 37 44 11
Euromoney Legal Training has also appointed approved and independent booking agencies to help you find the best location for you to stay during your time in London:
Venue Search UK
All the delegates have to do is telephone +44 (0)20 8541 5656 or email beds@venuesearch.co.uk and say that they are a Euromoney delegate!
Zibrant
Zibrant offer a huge range of hotels across London and can find you accommodation as close to your training venue as possible. They will ensure that you receive preferential rates as a Euromoney delegate. Go to www.zibrant.co.uk/euromoney for more details. Alternatively you can email your enquiry to euromoney@zibrant.co.uk or call +44 (0) 1332 285 521.
Euromoney Legal Training strongly recommends that you do not book your accommodation until you have received full course confirmation.
If you require any further information, please contact us:
Euromoney Legal Training
Nestor House
Playhouse Yard
London
EC4V 5EX
United Kingdom
Tel: +44 (0) 207 779 8601
Fax: +44 (0) 207 779 8599
legaltraining@euromoneytraining.com
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Tim Walker
Tim Walker is a solicitor with over 20 years experience of international and domestic banking transactions, including syndicated loans and structured finance. He was a partner in the Banking Department at Norton Rose until 1995 and now continues to head a niche finance practice at Cheltenham based law firm Rickerbys. As well as secured lending transactions, Tim’s current practice includes equipment leasing and invoice discounting.
Tim is highly recommended as one of the leading experts in his field by Chambers independent legal directory.
Courses run by this instructor
Interested in holding this course in-house? Please fill out your details and a member of our team will be in touch with more information.
3-5 Jul 2012 (Dubai, United Arab Emirates)
This Euromoney Legal Training course is the follow on to our ever popular Loan Documentation training programme. The course will deal with the more structural and commercial side of the loan agreement and will give delegates more opportunities to practice making and responding to comments on the documents.
13-15 Jun 2012 (London, United Kingdom)
13-14 Jun 2012 (London, United Kingdom)
Understanding the Documentation
10-12 Jun 2012 (Dubai, United Arab Emirates)
This three-day 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.
30 May 2012 - 1 Jun 2012 (London, United Kingdom)
12-14 Sep 2012 (London, United Kingdom)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
5-9 Mar 2012 (Johannesburg, South Africa)
A combination of two of Euromoney Legal Training’s most popular courses. The basic Loan Documentation course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document. The advanced course will deal with the more structural and commercial side of the loan agreement and will give you more opportunities to practice making and responding to comments on the documents.
16-18 Apr 2012 (Copenhagen, Denmark)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
6-8 Jun 2012 (Zurich, Switzerland)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
24-26 Sep 2012 (Paris, France)
This Euromoney Legal Training course is the follow on to our ever popular loan documentation training programme that has run for more than ten years. The course will deal with the more structural and commercial side of the loan agreement and will give delegates more opportunities to practice making and responding to comments on the documents.
11-13 Apr 2012 (London, United Kingdom)
Essential Documentation and Procedural Issues
9-11 Jul 2012 (Johannesburg, South Africa)
This three-day intensive Euromoney Legal Training 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.
27-29 Mar 2012 (London, United Kingdom)
27-30 Mar 2012 (London, United Kingdom)
19-21 Jun 2012 (London, United Kingdom)
19-22 Jun 2012 (London, United Kingdom)
The Euromoney Legal Training course will consist of a series of lectures and workshops that will provide you with a practical insight into dealing with the documentation of loans. By the end of the course you will be thoroughly familiar with the most important aspects of loan documentation.
7-9 Mar 2012 (Amsterdam, Netherlands)
This intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
23-25 May 2012 (Cairo, Egypt)
This three-day intensive Euromoney Legal Training course will cover all aspects of a loan transaction, concentrating particularly on the agreement itself and on the legal implications of a properly drafted and incorrectly drafted document.
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Course dates