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 whether there any restrictions on the choice of governing law and on the recognition and enforceability of foreign judgements. We have set out below 4 considerations flagged in relation to these topics.
- With regard to the security documents, a security interest to be granted over assets located in Japan is generally to be governed by Japanese law
- Similarly, the governing law for security documents should be South African law where the documents relate to security over property situated in South Africa
- In Saudi Arabia, Saudi courts will disregard any contractually agreed governing law and apply the relevant provisions of Saudi law
- In Australia, judgements from certain courts in England, Hong Kong SAR, Singapore and New Zealand can be registered and enforced but enforceability of foreign judgements from other jurisdictions may be more challenging
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.
