Share on LinkedInShare on LinkedIn

ARTICLE · 24 JANUARY 2014

Interim Orders Regarding Disputed Share Pledges

Elias Neocleous & Co LLC
Elias Neocleous & Co LLC
Contributor
Elias Neocleous & Co LLC

Elias Neocleous & Co LLC

Elias Neocleous & Co LLC (ENC) is among the largest firms in southeast Europe and the Eastern...

View firm profile
Explore more from Elias Neocleous & Co LLC

Pledges of shares are frequently encountered in Cyprus holding and finance structures.

CyprusFinance and Banking

Pledges of shares are frequently encountered in Cyprus holding and finance structures. The recent case of Symeou v VTB Bank (Open Joint-Stock Company)1 concerned a dispute regarding the enforcement of such a pledge.

Requirements for a valid pledge

The Contract Law (Cap 149) provides that, in order to be valid and enforceable, a contract of pledge of share certificates in a company as security for the payment of a debt or performance of a promise must be:

  • expressed in writing;
  • signed at the end by the pledgor; and
  • made in the presence of at least two witnesses who themselves are competent to contract, and subscribed by them with their names as witnesses.

In addition, a pledge of share certificates for shares in a company transferable other than by delivery will not be valid and enforceable unless, in addition to the above:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from