A guide to key resources: security and quasi-security

Practical Law UK Practice Note Overview 1-386-3269 (Approx. 15 pages)

A guide to key resources: security and quasi-security

by Practical Law Finance

Introduction

This note acts as a guide to our resources on security and quasi security arrangements such as mortgages, charges, factoring and negative pledges.

Taking security

For a quick guide to taking security, see Quick guide, Taking security.
For a detailed note on taking security, see Practice note, Taking security.
For a note on issues a lender should consider when taking security, see Practice note, Issues to consider when taking security.
For a checklist of key issues for lawyers advising a lender taking security from an English company, see Checklist, Taking security from an English company.
For a note looking at taking security from a general partnership, a limited partnership or a limited liability partnership, see Practice note, Taking security from partnerships.
For a note on issues that commonly arise when taking security from a charity, see Practice note, Secured and unsecured lending to a charity.

Types of security

Mortgage

For a quick guide to taking security over assets by way of a mortgage, see Quick guide, Mortgages and for more detailed information on mortgages, see Practice note, Taking security: Mortgage.

Charge

For a quick guide to taking security over assets by way of a charge, see Quick guide, Charges and for more detailed information on charges, see Practice note, Taking security: Charge.

Fixed charge

For information on taking a fixed charge, see Practice note, Taking security: Fixed charge.

Floating charge

For information on taking a floating charge, see Practice note, Taking security: Floating charge.

Pledge

For a quick guide to taking security over assets by way of pledge, see Quick guide, Pledges and for more detailed information on pledges, see Practice note, Taking security: Pledge.

Lien

For a quick guide to liens, see Quick guide, Liens. and for more detailed information on liens, see Practice note, Taking security: Lien.

Security over specific categories of asset

Land

For an overview of the law of mortgages and charges over land, see Practice note, Mortgages and charges over land.
For information on the security that can be taken (or arise) over freehold and leasehold property, see Practice note, Taking security over freehold and leasehold property.
For a note considering some common queries that arise when dealing with security over property, see Practice note, Security over property: FAQs.

Shares and debt securities

For information on the legal nature of shares and debt securities (such as bearer bonds, bearer stock, registered shares, registered notes and debt or shares held in a clearing system) and the different ways of taking security over them, see Practice note, Taking security over shares and debt securities.
For a note that identifies Practical Law Finance resources giving guidance on key issues that need to be considered when taking, perfecting, enforcing or releasing security over shares, see Practice note, Security over shares: overview.

Chattels

For information on using goods or chattels owned by companies to provide security for financing, see Practice note, Taking security over chattels.

Choses in action

For information on taking a security interest over choses in action (assets that can only be claimed or enforced by action at law or equity, such as a debt or a benefit under a contract, as distinct from taking physical possession of the asset), see Practice note, Taking security over choses in action.

Cash deposits

For information on the various ways of taking security or quasi security over cash deposits, see Practice note, Taking security over cash deposits.

Intellectual property

For information on taking security over intellectual property, including patents, trade marks, copyright and design rights, see Practice note, Taking security over intellectual property.

Domain names

For information on taking security over a domain name, see Article, Taking security over a domain name.

E-money and e-money accounts

For information on taking security in relation to e-money and e-money accounts, see Practice note, Taking security in relation to e-money and e-money accounts.

Cryptoassets

For information on taking security over cryptoassets, see Article, Taking security over cryptoassets.

Agricultural charges

For information on the specific characteristics of agricultural charges and the issues to consider when dealing with assets secured by them, see Practice note, Agricultural charges under the Agricultural Credits Act 1928.

Precedent security documents

For a list of precedent security documents on Practical Law Finance, see Standard documents and clauses with drafting notes: Finance: Security and quasi security.

Perfection and priority of security

General

For a quick guide to perfecting security, see Quick guide, Perfecting security.
For a quick guide to priority of security, see Quick guide, Priority of security.
For an introduction to the different methods of perfecting security, the basic rules governing priority and contractual ways in which the rules can be varied, see Practice note, Perfection and priority of security.

Registration

For an overview of registering security, see Practice note, Perfection and priority of security: Registration.
For a quick guide to registering security at Companies House, see Quick guide, Registering security at Companies House.
For detailed information on the law under the Companies Act 2006 on registering security at Companies House, see Practice note, Registration of charges created by companies and limited liability partnerships on or after 6 April 2013.
For a note considering how to deal with common problems that arise in relation to registering security at Companies House, see Practice note, Troubleshooting: Registering security at Companies House.

Subordination

For a note that examines the legal background and case law relating to subordination of debt and analyses different methods used to alter the priority of debts, see Practice note, Subordination.

Intercreditor agreements

For an explanation of the nature and purpose of an intercreditor deed, see Practice note, Intercreditor deeds: overview.

Transferring security

For a note describing the practicalities of, and issues to consider when, transferring security interests such as mortgages or charges from one lender to another, see Practice note, Transferring security interests.

Amending security

For a note looking at some of the issues to consider when amending a security document, see Practice note, Amending a security document.

Releasing security

For a note describing the practicalities of releasing a mortgage or charge that has been given by a security provider over its property, assets and undertaking to a lender under a security agreement, see Practice note, Releasing security
For a checklist of issues to consider when releasing security, see Checklist, Releasing security created by an English company.
For a note considering some common queries that arise when dealing with releasing security, see Practice note, Releasing security: FAQs.

Enforcing security

For an overview of how a lender may enforce security over the assets of a corporate security provider (including issues to be considered before enforcing security, enforcement rights available to a lender, when those rights can be exercised and information on the main methods of enforcing security), see Practice note, Enforcing security: overview.
For a note on environmental issues that may need to be considered when enforcing security, see Practice note, Environmental issues in finance transactions: Provisions in a debenture.

Cross-border security

For an overview of key content relevant to taking overseas security in a cross-border transaction, see Practice note, Overseas security: overview.
For an overview of the issues that need to be considered when taking security over an overseas asset or from an overseas entity, see Practice note, Taking cross-border security.
For a checklist for English lawyers instructing foreign lawyers in connection with a secured loan where the security is located outside England and Wales or where the party providing the security is established outside of England and Wales, see Checklist, Instructing foreign lawyers on security.
For a checklist for English lawyers obtaining a foreign legal opinion in connection with a secured loan where the party providing the security is incorporated outside of England and Wales, see Checklist, Contents of a foreign legal opinion on security.
For a global guide to taking security in various jurisdictions, see Finance Global Guide.

Third party security

For a note containing links to our resources on third party security, see Practice note, Third party security: overview.

Security trusts

For an introduction to the function of security trusts and the role of security trustees in finance transactions, see Practice note, Security trusts in finance transactions: overview.
For an overview of the nature and purpose of a security trust deed in multi-party lending transactions, including a description of the key provisions of such a document and an explanation of practical issues to consider when drafting or advising on their use, see Practice note, Security trust deeds: overview.

Quasi security

General

For a note on quasi security arrangements such as negative pledges, retention of title, set-off, netting arrangements, factoring, invoice discounting and finance leases, see Practice note, Quasi-security: overview.

Negative pledge

For a note on the use of negative pledges in loan transactions, see Practice note, Negative pledges in loan transactions.

Retention of title

For an overview of retention of title arrangements, see Practice note, Retention of title.

Set-off

For an overview of set-off in finance transactions, see Practice note, Set-off in finance transactions.

Factoring and invoice discounting

For an overview of factoring and invoice discounting, see Practice note, Factoring and invoice discounting.

Finance leases

For an overview of leasing as a financing technique, see Practice note, Leasing as a financing technique: overview.

Guarantees and indemnities

For a note on legal and drafting issues relating to guarantees and indemnities, see Practice note, Guarantees and indemnities.
For a note on guaranteeing or underpinning the performance of commercial contracts, such as contracts for the sale of goods or construction contracts (as distinct from guarantees of the repayment of loans or other indebtedness), see Practice note, Bonds, guarantees and standby credits: overview.
For a note on the use of standby letters of credit as a form of guarantee, see Practice note, Letters of credit: overview: Standby letters of credit.

Insolvency

The potential implications of insolvency law should be recognised when advising on security transactions. The following resources provide an overview of various insolvency procedures.

Insolvency procedures

For an introduction to the aims of and background to corporate insolvency law, together with a brief overview of the various insolvency procedures available, see Practice note, Corporate insolvency: a guide.
For a guide to the formal insolvency procedures available to insolvent limited liability partnerships, see Practice note, Insolvency procedures for limited liability partnerships.
For an introduction to the insolvency laws relating to individuals, see Practice note, Individual insolvency: overview.

Restructurings

Security and quasi security issues often arise in transactions involving the restructuring of debt. For a note that looks at the key stages involved in restructuring corporate debt, see Practice note, Corporate debt restructuring: step by step.

Cross-border restructuring and insolvency

For a global guide to restructuring and insolvency, see Restructuring and Insolvency Global Guide.
For background information on the international aspects of insolvency, including UNCITRAL model on cross border insolvencies, section 426 of the Insolvency Act 1986 and the common law, see Practice note, Cross-border insolvencies.

Legal opinions in security transactions

For an overview of the matters to be considered when requesting or responding to a request for an English legal opinion in a transaction involving the giving of security, see Practice note, Legal opinions in finance transactions: overview.

Execution of security documents

For a note on the execution of deeds and documents, see Practice note, Execution of deeds and documents.
For a note on the role of notaries that explains what notarisation, legalisation and apostille mean, see Practice note, Notaries and notarisation.

Links to Practical Law resources on security

Practical Law Finance resources on security

Links to Practical Law Finance resources on security and quasi security can be found under the relevant tab on the Security and quasi security topic page.

Related Practical Law resources

Links to Practical Law services covering key practice areas relevant to taking security:

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A guide to key resources: security and quasi-security | Practical Law