ARTICLE
16 November 2022

Pre-Enforcement & Enforcement Of Guernsey Law Security

W
Walkers

Contributor

We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
In a sure sign of the economic times, the Guernsey banking & finance team has seen an increase in security enforcement related instructions and queries.
Guernsey Finance and Banking
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In a sure sign of the economic times, the Guernsey banking & finance team has seen an increase in security enforcement related instructions and queries. Predominantly our clients want to know what pre-enforcement steps they should be taking or considering in relation to their Guernsey law security package.

In the linked advisory note we have detailed the keys steps and considerations for a secured party prior to taking formal enforcement action under the Security Interests (Guernsey) Law 1993. These steps are often used to encourage a security provider to discuss a consensual restructuring or a negotiated settlement.

If a consensual process is not an option, the second half of the advisory note looks at the formal enforcement process, the risks related with it and certain practical considerations for secured parties.

The Walkers banking & finance team work hand in hand with our insolvency & dispute resolution team to offer practical and commercial advice for secured parties navigating every step of the enforcement process.

To view the full article please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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