Lending and Taking Security in South Africa: Overview | Practical Law

Lending and Taking Security in South Africa: Overview | Practical Law

A Q&A guide to lending and taking security in South Africa. The Q&A gives a high level overview of the lending market, forms of security over assets, special purpose vehicles in secured lending, quasi-security, guarantees, and loan agreements. It covers creation and registration requirements for security interests; problem assets over which security is difficult to grant; risk areas for lenders; structuring the priority of debt; debt trading and transfer mechanisms; agent and trust concepts; enforcement of security interests and borrower insolvency; cross-border issues on loans; taxes; and proposals for reform.

Lending and Taking Security in South Africa: Overview

Practical Law Country Q&A 2-384-6156 (Approx. 22 pages)

Lending and Taking Security in South Africa: Overview

by Ulrike Naumann, Bowman Gilfillan Inc
Law stated as at 01 Apr 2023South Africa
A Q&A guide to lending and taking security in South Africa. The Q&A gives a high level overview of the lending market, forms of security over assets, special purpose vehicles in secured lending, quasi-security, guarantees, and loan agreements. It covers creation and registration requirements for security interests; problem assets over which security is difficult to grant; risk areas for lenders; structuring the priority of debt; debt trading and transfer mechanisms; agent and trust concepts; enforcement of security interests and borrower insolvency; cross-border issues on loans; taxes; and proposals for reform.