Lending and Taking Security in Germany: Overview | Practical Law

Lending and Taking Security in Germany: Overview | Practical Law

A Q&A guide to finance in Germany. 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, negative pledge clauses, 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 Germany: Overview

Practical Law Country Q&A 8-501-2739 (Approx. 22 pages)

Lending and Taking Security in Germany: Overview

by Wolfgang Kotzur, Nefail Berjasevic and Marc Krischer, Oppenhoff & Partner Rechtsanwälte Steuerberater mbB
Law stated as at 01 Apr 2023Germany
A Q&A guide to finance in Germany. 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, negative pledge clauses, 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.