Overview
In our recently launched service, Rulefinder Cross-Border Lending, we consider the legal and regulatory issues which impact how to structure a range of cross-border lending activities. As part of the analysis, we ask local counsel to set out information on how cross-border lenders take and hold security/collateral from a borrower in their jurisdiction and key issues relating to enforcement of such security, including the availability of self-help remedies and restructuring regimes and toolkits. We have set out below 3 considerations flagged when enforcing security in EU jurisdictions.
- In Sweden, due to recent regulatory changes (e.g. the Swedish Company Reorganisation Act) Sweden is becoming more creditor-friendly
- In Portugal, the regime is generally creditor-friendly, but documents, including any enforcement titles, may have to be translated into Portuguese, as the court may decide
- In Norway, enforcement typically requires judicial intervention which can be time-consuming
How aosphere can help
Rulefinder Cross-Border Lending is a comprehensive analysis of the legal and regulatory issues which impact how to structure cross-border lending and security activities. Red flag issues are identified in an easy-to-use summary and underpinned by detailed analysis from leading local counsel around the world.
The information is updated daily by our dedicated team of experts, so you always have the latest position at your fingertips without having to incur the time and hassle of local lawyers.
