Secured Loan Documentation Study Course

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Course Information

Time Requirements

Objectives

Materials

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Syllabus

Course Information

This course is now available. It is designed for bankers and lawyers and anyone else who is involved in international finance and who needs to understand secured loan documentation. It is intended to be a practical guide and is designed to deal with the more practical issues first, leaving the more legal issues to the end as far as possible, so as to be

  • accessible to non lawyers who need to understand the commercial and practical aspects of the subject,
  • useful for English lawyers needing to find out more about the issues which arise when taking security internationally and
  • useful for non English lawyers wanting to understand English law on the subject

 

This course is designed to help those involved in international secured loan transactions

  • to understand the transaction and documentation structure,
  • to know what the commercially important issues are, both in the loan agreement and the security documents, and to know where to look for them in the documents
  • to understand those areas of English law on security which have commercial implications for lenders and
  • to be aware of the questions which need to be asked in different countries when putting a security package together or thinking about the value of a security package.

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Time Requirement

There are three options for taking this course.

 

The first is the “Commercial Key Facts” route. This route involves around 10 hours work over an agreed period of weeks (ideally 3 weeks). This route covers those essential topics which non lawyers need to be aware of when dealing with secured loan documentation and consists of stages 1 to 3 of the curriculum set out below

 

The second route is the “Legal Key Facts Route” which involves around 15 hours work over an agreed period (ideally 4 weeks). This is the same as the Non lawyers key facts route with the addition of one extra stage dealing with slightly more legal issues which may be of less interest to non lawyers but which are crucial for lawyers involved in secured lending internationally.

 

The third route is the in depth route which requires background reading in addition to the texts on the site This route requires 30 to 40 hours work over an agreed period (ideally 5 weeks)

 

Delegates can decide as they progress through the materials how much depth they want to go into and move from one route to another as they wish. There are different quizzes depending on which route is followed and delegates will be awarded the appropriate certificate depending on which set of quizzes they completed successfully.

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Objectives

By the end of the course participants should

  • understand the transaction and documentation structure,
  • know what the commercially important issues are, both in the loan agreement and the security documents, and know where to look for them in the documents
  • understand those areas of English law on security which have commercial implications for lenders and
  • be aware of the questions which need to be asked in different countries when putting a security package together or thinking about the value of a security package

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Materials

The course materials available online are self contained and no other materials are required in order to complete the Key Facts route through the study course.

Delegates who wish to undertake the in depth route through the course will need to have a copy of the book “Law and Practice of International Finance University Edition” by Philip Wood, to be able to participate, as this will be a necessary part of the course materials. The other course materials can be accessed by those registered on the study course, from the link headed "Course Materials" on the side panel next to this window.

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Delegates can start a course at any time. You can register or enquire by using the registration tab

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Syllabus

An overview of the syllabus is set out below, based on a five week time period for the full course. Delegates registered on the course can access the detailed curriculum and the materials from the link to "Course Materials" in the side panel.

Week 1 Structure and Documentation and Security on Land

 

Lesson 1 Who is the Borrower?

Lesson 2 Security Fundamentals
Lesson 3 Documentation part 1- Security Aspects
Lesson 4 Documentation part 2 – Key Loan Agreement Issues
Lesson 5 Documentation part 3 – Key Loan Agreement Clauses
Lesson 6 Title Financing
Lesson 7 Transferring Secured Loans

Lesson 8 Security on Land

QUIZ

Week 2 Guarantees and Introduction to Due Diligence


PART 1 GUARANTEES

Lesson 1 – Guarantees and other instruments

Lesson 2 - Legal Issues
Lesson 3 – The Terms of the Guarantee


Part 2 INTRODUCTION TO DUE DILIGENCE

 

Lesson 1 Factual due diligence

Lesson 2 Clawback – General issues
Lesson 3 Insolvency Clawback part 1

Lesson 4 Insolvency Clawback part 2
Lesson 5 Legal opinions

QUIZ


Week 3 Security on Moveables and Security on Rights


Lesson 1 Security on moveables

Lesson 2 Security on contracts part 1 - Contract terms
Lesson 3 Security on contracts part 2 - Contract default
Lesson 4 Arrangements with third parties

Lesson 5 Security on cash

Lesson 6 Security on insurances

Lesson 7 Security on intellectual property

Lesson 8 Security on investments

 

COMPULSORY REPORT

QUIZ

THIS IS THE END OF THE COMMERCIAL KEY FACTS ROUTE ALTHOUGH DELEGATES MAY WISH TO CONTINUE TO WEEK 4 TO COMPLETE THEIR UNDERSTANDING

Week 4 Security on Rights contd., Due diligence contd and English security
PART 1 SECURITY ON RIGHTS contd

Lessons 1 and 2 Legal issues with security on contracts


PART 2 DUE DILIGENCE contd

Lesson 1 Attachment
Lesson 2 Creation
Lesson 3 Enforcement

 

PART 3 ENGLISH SECURITY

Lesson 1 English Security Concepts
Lesson 2 English Security Types

Lesson 3 Floating Charges

Lesson 4 Floating charges – priority issues

 

 


QUIZ

Week 5 Wrap up Week

For completion of any outstanding quizzes, compulsory written report and the online evaluation

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