A: A GSA and a stock guarantee contract with an appropriate description of security may create an interest in all shares and other securities held by a borrower in a subsidiary or other company, which are stated in the document or its calendars (together “shares”). However, taking over the shares (in the case of certified securities) or obtaining a control agreement (for non-certified securities or securities rights) is an additional step required under Ontario PPSA to ensure that such interest in securities is an initial priority over the borrower`s other secured shares. Otherwise, the borrower may attempt to use these shares as collateral to obtain financing from another lender. Category AD – I Banks cannot oppose the resident borrower of the ECB because of the holding of shares of the lending company, in the more established economies, the pledge is and remains, for some time, a form of security little used, largely characterized by more sophisticated forms of security such as charges and mortgages and certain types of quasi-security. But in emerging countries, promise is of relatively greater importance than the means of security, and perhaps the very “physical” nature of the way the deposit is created and perfected, coupled with its simplicity and transparency – which involves the physical possession of an asset by the pawnbroker – which, in a way, explains its relative popularity in these emerging countries. The lender will generally seek guarantees from the Verpfusgor, for example that the shares will be fully paid, that the Pfandgor is the sole legal and economic owner of the shares and that Verpfusgor has not created any other charge on the shares. It is also customary to draw up a list of negative commitments under which the epledgor undertakes not to take certain measures, such as. B that the sale of the shares or the exercise of voting rights in a way that may have a negative effect on the value of the shares, but it may be self-evident that it is possible to provide for a flat limit on all collateral granted, which could prohibit involuntary mortgages beyond the Pfgorled`s principal residence. The regulatory amendment introduced by the RBI in Circular 57 recently allows non-resident shareholders of Indian companies to use loans from Indian and foreign banks that use their stakes in Indian companies as collateral, subject to obtaining the No-Objection (NOC) certificate from the relevant dealers (AD).
As a result, the RBI`s prior authorization requirement for the collateral of Indian shares held by non-residents is waived, provided the conditions are met. All major public and private banks, as well as multinational banks, which act as DL for DL transactions, can play the role of AD in the area of equity collateral. Under English law, collateral is effectively the transfer of the holding of an asset by a party (the pfandgor) to the creditor (the holder of the pledge) as collateral, with the ownership of the asset remaining as a pawn. In this article, we focus in particular on collateral in the context of a pledge of shares to guarantee a loan or deferred payment (for example. B in the context of an acquisition of shares), but it should be taken into account that all the goods delivering (including persons with a property, material or intangible) can be expanded.