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  • Security Enforcement – the strange case of the quiet Security Enforcement remedy which packs a punch

Security Enforcement – the strange case of the quiet Security Enforcement remedy which packs a punch

Stephen Phillips of FreiLibertas Law describes how an often-overlooked provision in a standard share charge allows a lender to use a little-known remedy called ‘appropriation’, which enables a lender to become the owner of the shares without the need to go through a court-based foreclosure process or to undertake a sales process.