CMS Expert Guide on Taking Security

The nuances of local security interest laws play a critical role in structuring cross-border finance transactions. Lenders, in particular, should carefully assess key factors, including the availability of security over various asset classes, the strength and effectiveness of local security instruments, and any regulatory constraints (such as corporate benefit rules or the use of security trustee structures). 

Furthermore, understanding the local execution and perfection requirements—along with their associated costs and timeframes—is essential, as is evaluating the efficiency and expediency of security enforcement mechanisms. 

The CMS Expert Guide on Taking Security addresses the fundamental legal questions surrounding the creation of a security package across multiple jurisdictions. It serves as a valuable resource for structuring cross-border financing by providing a comparative analysis of key topics, including: 

• Guarantees; 
• Available security instruments; 
• Execution and perfection procedures, including timing and costs; and 
• Enforcement mechanisms. 

Explore the Expert Guide by selecting your country of interest below. We believe it will serve as a helpful starting point for structuring cross-border financial transactions. 

For more in-depth insights into the legal framework of a specific jurisdiction, feel free to reach out to a member of the CMS Banking & Finance team, who will be happy to assist you.