The inherent intricacies involved in creating valid and enforceable security – navigating creation, perfection and priority – together with the potential consequences of it failing at the very moment it is needed, render us unwilling to fiddle with it.
But in bilateral lending such a transfer is sometimes unavoidable – so what should transferors and transferees consider when structuring and documenting any such transfer?
Matthew Padian explores this issue for The Butterworths Journal of International Banking and Finance Law here.
