Corporate Borrowing: Law and Practice

by Geoffrey Fuller

In the UK, the law of borrowings embraces many different areas of contract, company, trusts, security, insolvency, tax, financial services, and regulation. Corporate Law and Practice brings together all of these elements in a practical and concise volume. It defines the most effective ways of raising debt finance - from bank loan agreements to MTN programs - and examines the specific legal problems of security and prospectus requirements under the UK's Prospectus Directive. It examines the issues relating to the various types of security, asset backed securities, guarantees, appointment of trustees, attracting lenders, and the statutory provisions regarding invitational material, and the tax implications of borrowings by companies. This fourth edition has been fully updated to reflect key changes introduced by the UK Companies Act 2006 and other recent legislative and case law changes. Contents the nature of borrowings * types of bank loans; debt securities; ECP programs * key commercial terms * security * structured finance * subordination * the power to borrow, to guarantee, and to give security * accepting deposits * guarantees * the role of trustees * attracting lenders * US securities laws * transfers of lenders' interests * variation of rights * debentures * taxation * execution of documents.

377 pages, Hardcover

First published May 1, 2009