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ARTICLE · 27 SEPTEMBER 2011

Guide To Taking Security In Guernsey

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Insolvency is a major commercial risk.

GuernseyInsolvency/Bankruptcy/Re-Structuring

PREFACE

Insolvency is a major commercial risk. Prudent creditors are able to protect themselves against the potential risk of a debtor's insolvency by taking security, thereby obtaining priority over other creditors.

This Guide provides an overview of the process of taking security or enforcing security over Guernsey assets which will be subject to the laws of Guernsey.

This Guide focuses on the legislative and regulatory framework for taking of security over both real (or "immovable") and personal (or "moveable") property, the methods by which a creditor may register a charge, the rights of foreign creditors and enforcement of claims by secured creditors in Guernsey.

Also discussed are the methods by which a creditor may enforce security granted pursuant to an instrument governed by a law other than that of Guernsey. It is recognised that this Guide will not answer the detailed questions that clients and their advisers may have. It is intended to provide an

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