Asset Based Lending for Banking Lawyers

Introduction

If you or your clients are involved in any matters with asset-based lending, whether nationally or internationally governed by English law or beyond, you need not only be aware of past and recent developments and trends, but also all the latest known developments, as well as the most likely potential future trends. All so that you can best advise your client and best develop and protect your practice.

This four-hour interactive session will not only confirm and refresh your current industry awareness, but it will also provide you with new and current insights and trends which will enable you to provide the best possible professional service to your clients and assist your colleagues.

In this densely packed and informative session, you will receive a current market snapshot with examples and insights into what to look for in the near to intermediate future. You will also gain key practical tips and advice that will help improve the quality of your professional advice and boost your confidence and efficiency in the practice of all types of asset-based lending.

What You Will Learn

• Key market and product summary definitions
• Summary of key players in the UK, EU, US and internationally
• Common benefits and drawbacks of many ABL transactions, including:
• Cash flow vs. ABL: what’s the difference?
• Common ABL Risks and pitfalls
• How to reduce and mitigate such risks
• Factoring, Pledging and Assigning receivables, what are they and what is the difference?
• Ownership? - When does it begin and when does it end and what are the implications for a lender?
• Role of ROT’s, Floating Charges and Landlord CRAR and plant and machinery as fixture
• Importance of asset specific, detail and current due diligence
• Key documentation and their functions
• Dangers of compliancy
• Growth of ILA’s and relevance of the Plain English Drafting Movement
• Current ‘trendy’ asset markets and those not so, including:
• Flexibility growth, green financing, digitalisation, fintech platforms, forfaiting, regulatory changes
• Impact of AI, machine learning and fintech advancements
• Infrastructure and construction trends and their impact with focus on regional differences shaping investment strategies
• Potential impact of current global trends such as increased tariffs
• Implications for documentation and deal structures
• Impact (intended, potential or otherwise) on the ABL market of:
• UK’s Joint Regulatory Oversight Commitments Open Banking Report
• New Insurer Resolution Regime (‘IRR’)
• Receivables Financing - Insolvency Issues
• Brexit—What the EU-UK Trade and Cooperation Agreement means for supply chains
• Hot topic cases:
• Parent Company Liability - Royal Dutch Shell
• Sole directors to bind - Re Fore Fitness and Active Wear
• ‘Secret Commissions’ - Close Brothers and FirstRand
• British Seafood -Trade Finance fraud
• Key understanding of and what makes a good and a bad ABL deal
• Names and nature of all key ABL contract, finance and security documents
• How to avoid errors often made in common and not so common ABL deals and how to avoid them

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.