Lending and Security

This product 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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Topics covered

The following topics are covered in detail under the Lending and Security product for each country (click to expand):

Practical Q&A format

This product 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 product of Afriwise

Whether you are a lender or borrowing money in a particular African country, the Afriwise platform, and this product 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
note-taking
... and much more.

Gain full visibility across the local laws and regulations applicable to lending and security.

Afriwise connects organisations to outstanding quality and up-to-date legal, risk and business information and local expertise for African countries. We give you deep understanding about African markets, online, and help you proactively comply with local regulations.

Our award-winning solution offers an innovative way to source key information about lending and security creation, perfection and enforcement in a particular African country.

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