Worldwide: Charges, Mortgages, Indemnities

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Lenders Beware - When A High Interest Rate May Be Void As A Penalty
When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p
Australia Finance
BP
Bartier Perry
Article
Hydropower Project Registration In Nepal: Notes For Developers And Lenders (2026)
Nepal’s hydropower sector still runs on a licensing regime built around the Electricity Act, 2049 (1992) and the Companies Act, 2063 (2006), with a cluster of sector-specific policies layered on top over three decades. The Ministry of Energy, Water Resources and Irrigation (MoEWRI) retains policy oversight and licensing authority. The Department of Electricity Development (DoED) issues survey and generation licences for certain threshold.
Nepal Energy
NP
Niti Partners and Associates
Article
National Company Law Appellate Tribunal Clarifies Financial Creditor Status In Third-party Mortgage Transactions Under The Insolvency And Bankruptcy Code, 2016
The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”), In the case of Vistra ITCL (India) Limited vs. Vithal Madhukar Dahake and Ors.1, has considered whether a third-party mortgagor, which created security over its assets for the debt of another entity, could be treated as giving rise to a ‘financial debt’ under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The appeal arose from an order of the National Company Law Tribunal, Mumbai (“NCLT”).
India Insolvency
J
JSA
Article
Restructured Debt And The Survival Of Registered Charges: NCLAT Affirms Secured Creditor Status In The Absence Of Post-Restructuring ROC Modification
The National Company Law Appellate Tribunal delivered a landmark ruling on whether credit facilities restructured under RBI guidelines retain their secured status during liquidation proceedings without corresponding modification of charge registration. The judgment addresses the complex interplay between corporate debt restructuring, charge registration requirements under company law, and the insolvency resolution framework, establishing critical precedents for consortium lending practices.
India Insolvency
IL
IndiaLaw LLP
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