Lending and Security
This category looks at local lending and security options, regulation, restrictions and prohibitions. It includes
detailed information on the different types of securities and their perfection. It also covers important cross-border
considerations, such as requirements for foreign lenders and foreign loans; restrictions on remitting funds abroad
and on foreign currency loans; and whether a parent, holding company or shareholder can create a quasi-security in
favour of a local entity.
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The following topics are covered in detail under the Lending and Security category for
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Practical Q&A format
This category contains detailed and up-to-date local guidance, in an easy-to-use question-and-answer format, in relation to loans and security structures in a particular African country. If you have a question that is not answered, we’ll source the response for you. Sample questions include:
Are there any restrictions or requirements for foreign currency loans?
Are there any requirements foreign lenders must meet when advancing loans to domestic borrowers?
Are there any obligations domestic corporate borrowers must meet when entering into foreign loans?
Are companies restricted in any way when remitting funds abroad to foreign lenders?
What terms are commonly prohibited in loan agreements?
What asset types can be secured, what type of security can be applied to each one and how easily can the security be created, perfected and enforced?
Is it possible to work with security SPVs?
Does a security interest need to be registered in local currency?
Are there any unsecured creditors that take precedence over secured creditors?
Benefits of the Lending and Security category of Afriwise
Whether you are a lender or borrowing money in a particular African country, the Afriwise platform, and this category in particular, is a must. Afriwise is more powerful than any other solution as it provides accurate, up-to-date and plain-language guidance in relation to all your questions, is interactive, and also notifies you when there are legal updates you should be aware of.
Afriwise subscribers benefit from:
- 24/7 access to our online platform
- detailed practical guidance and insights on all aspects of this area of law
- overviews of the applicable laws and upcoming changes, as well as alerts to important legal developments
- downloadable copies of all relevant laws and regulations
- direct access to vetted local lending and security law experts
- valuable tools such as a powerful search engine with relevant filters
- country comparisons
- a clarification-request tool
- ... and much more.
Gain full visibility across the local laws and regulations applicable to lending and security.