Provided that no moratorium on enforcement of security is in place, and subject to the security having been duly registered at the Companies' Registry and at any relevant specialist registry, a secured lender has a variety of options in enforcing its security depending upon the nature of the security granted and the type of assets secured.
This overview is a guide to the Banking & Finance content within the Enforcing security subtopic, with links to the appropriate materials.
In enforcing a debenture which creates security over a range of assets owned by a company and has been executed as a deed, the remedies open to a lender in relation to the secured assets include the following:
the power to appoint an administrator (as long as the debenture contains a qualifying floating charge in respect of the company’s property (see below))
the power to appoint a receiver
the power to sell the assets without resorting to the court
the power to take possession of the assets, or
the right to apply to the court for foreclosure
Lenders tend
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