Lawyers from Jersey and the Cayman Islands have contributed to
Global Legal Insight's 2020 guide to assessing lender risk in
fund finance markets.
A ZERO-RISK PRODUCT?
Despite being a relatively long-standing lending product, there
have been limited public payment defaults by funds in the fund
finance space, and consequently, few test cases to discuss or
examine. As a result, the market has legitimately considered this
to be a safe product for lenders, and encouraged more market actors
to participate. However, with Brexit and the COVID-19 pandemic
making a significant t negative impact on the socioeconomic
climate, lenders need to be more alert than ever to their
possible exposure1.