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Article: Jurisdictional Risks for Secured Lenders: a Cayman Islands Solution.
- Article from:
- Mondaq Business Briefing
- Article date:
- March 25, 2002
CopyrightCOPYRIGHT 2002 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Co-written by Justin Appleyard
The Jurisdictional Risk
Lenders and other providers of finance to groups located in some overseas jurisdictions often encounter difficulties in taking and enforcing security over assets located in those jurisdictions. These difficulties typically relate to:
perfecting security;
the operation of insolvency stays under local law;
the requirement for a court proceeding to enforce security or a public auction in connection with the sale of assets;
local rules relating to the timing of the sale of assets, the identity of the purchaser (in particular their affiliation with the secured ...