Vol 16 (2019) - Issue 1

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Secured Rights and Receiverships: Windfalls and Pitfalls

Introduction

Despite the advantages of having security over a company’s assets, there are issues which a secured creditor should take note of, from the point of negotiating the terms of the security instrument through to the point of enforcement. Receiverships are a key method of enforcement and enable secured creditors to realise the secured property and recover the secured debt. This article provides a practical consideration of those matters from an enforcement perspective and discusses the points that a secured lender should be aware of in order to maximise its chances of recovering its debt in full.