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ARTICLE · 14 JANUARY 2020

The Security Interests (Jersey) Law 2012- Enforcement

This briefing note is one of a series relating to the New Law, dealing with enforcement of security interests on an event of default.

JerseyFinance and Banking

The Security Interests (Jersey) Law 2012 (the New Law) came fully into force on 2 January 2014, changing the way in which security is created over Jersey intangible movables.  This briefing note is one of a series relating to the New Law, dealing with enforcement of security interests on an event of default.

Enforcement under the 1983 Law

Under the Security Interests (Jersey) Law 1983 (the 1983 Law), the powers of a secured party on enforcement were limited to a power of sale, although a power of appropriation was available where the collateral was money or represented by a negotiable instrument or moneys held in a bank account.  In addition, the 1983 Law required a 14 day statutory grace period before exercise of the power of sale where the event of default complained of was capable of remedy.

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