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ARTICLE · 13 DECEMBER 2017

Taking Security Over Commercial In Qatar

Al Tamimi & Company
Al Tamimi & Company
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Al Tamimi & Company

Al Tamimi & Company

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Security is of paramount importance in relation to commercial lending.

QatarFinance and Banking

Introduction

Security is of paramount importance in relation to commercial lending. However, a commercial borrower must be able to carry on its business without the requirement of obtaining the lender's consent on day to day matters.

Under English law, the common form of security is by way of an "all assets" fixed and/or floating charge pursuant to a debenture in favour of the lender. A floating charge is a form of security that may be taken by a lender over a company's present and future assets, whether such assets are identified or not at the time the floating charge is created. The assets can be tangible (raw materials, stock, plant and machinery) or intangible (intellectual property or goodwill). Unlike a fixed charge, under a floating charge the company is generally at liberty to deal with such assets (including selling and adding to the charged assets) until such time when the charge crystallises (usually upon an occurrence of an event of default).

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