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Rethink again, when will a court adjust the liability of a co-guarantor?
  • Corrs Chambers Westgarth
  • Australia
  • May 19 2017

This week’s TGIF considers the recent decision of AMP Bank Limited v Brown and Kavanagh 2017 NSWSC 313, where the court found that unless a limited

Legal Framework of Guarantees under UAE Law
  • STA Law Firm Ltd
  • United Arab Emirates
  • May 19 2017

In this modern world of fragile Finances, the irony of Charles Dickens’ statement is well understood. In these volatile financial markets, debtors and

Enforcement of loans, guarantees and security documentation in the United Kingdom
  • Ashurst LLP
  • Global, United Kingdom
  • May 5 2017

A structured guide to enforcement of loans, guarantees and security documentation in the UK

Personal Guarantee Contested On The Basis of Negligent Misrepresentation Is Deemed Enforceable
  • Borden Ladner Gervais LLP
  • Canada
  • April 21 2017

Royal Bank of Canada v. Surje & Company Inc. is a recent decision of the Ontario Superior Court of Justice. The personal defendant, Sunny Bhasin ("Mr

UPDATED: Guarantors Can Be Discharged in Bankruptcy Only if the Creditor Caused the Default
  • Borden Ladner Gervais LLP
  • Canada
  • April 20 2017

The Court of Appeal of Ontario found in Toronto-Dominion Bank v. Konga that the interpretation of a guarantee is a question of mixed fact and law

Marblegate: Second Circuit Reverses Broad Interpretation of Trust Indenture Act in Out-of-Court Restructurings
  • Jones Day
  • USA
  • April 13 2017

In a highly anticipated decision, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled in Marblegate Asset Mgmt., LLC v. Educ

SEC Issues New Material Event Notices Under Proposed Rule 15c2-12 Amendments
  • Holland & Knight LLP
  • USA
  • April 10 2017

The U.S. Securities and Exchange Commission (SEC) has proposed adding two additional triggers - in new subparagraphs (15) and (16) - for

Mexico Ministry of Energy Releases Management Terms for Independent Power Producers
  • Holland & Knight LLP
  • Mexico
  • April 6 2017

Under Mexico's Energy Reform of 2013, the power market opened for private investment sector-wide. However, the Federal Electricity Commission, or

Tracker, Financial Services Regulation & Compliance - Banking
  • A&L Goodbody
  • European Union, Ireland
  • April 4 2017

The Scheme which came into effect on 3 March 2017 encourages additional lending to commercially viable small and medium enterprises (SMEs) by

Guarantees: Strict compliance is not strictly necessary
  • Gowling WLG
  • United Kingdom
  • April 4 2017

A recent case has highlighted one of the key differences between guarantees and letters of credit: that the doctrine of strict compliance applies to