Fixed-Charge Receiver
Belgard represents a high volume of financial institutions and funds with the appointment of Fixed-Charge Receivers.
Belgard reviews the security documentation, ascertains if a Receiver can legally be appointed and drafts the necessary documentation for the valid appointment to include a validity report, Formal Demand and Deed of Appointment.
Our experienced team also provides advices on the specific powers that have been delegated to the Receiver in the Deed of Charge, i.e., to collect rent, take possession, manage or sell the property. We also provide advices on the complex litigation and regulatory issues that often arise in respect of Receivership appointments.
Our Receivership services include, but are not limited to, the following:
- Review title and security documents and identify any defects required to be rectified prior to the appointment;
- Review the powers delegated to the Receiver and in particular any limitations thereto and agree on the type of Receiver which can be appointed;
- Review the notice provisions in the security document and ensure compliance with same;
- Draft the Formal Demand and Deed of Appointment and any related documentation to include Deeds of Rectification, etc.; and
- Issue injunction proceedings where the property is being interfered with.
Our Receivership department conforms to the latest standards in data protection, confidentiality, cyber-security, and financial fraud ensuring your data is protected at all times. Belgard will also provide guidance on the Receiver’s specific Data protection obligations which were issued by the Data Protection Commission in 2020.
If you would like to arrange a consultation with one of our Receivership team, please submit an enquiry via the form on the right and we will get back to you as soon as possible. We look forward to hearing from you.