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.
Matthew Padian