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ARTICLE · 04 AUGUST 2015

Taking cross-border security in Asia: Seven steps to success

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Australian lenders or borrowers should structure a security package sensitive to different systems of law and practice.

AustraliaFinance and Banking
Jeremy King
Jeremy King
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Taking effective security is the cornerstone of secured lending. Across Asia, there are wide variations when it comes to local law and how security can be taken, perfected and enforced.

For Australian lenders or borrowers new to these countries, it is important to structure a security package that is sensitive to the different systems of law and practice.

Here are our seven steps that, if taken, will boost your chances of a successful completion.

STEP 1. IDENTIFY WHICH ASSETS ARE WORTH TAKING A SECURITY INTEREST OVER

The first step is determining which assets of a company can and are worth taking security over.

In some cases it may not be possible to take security over certain assets. In others, the legal hurdles may be so high that it is simply not worth pursuing.

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