On the other hand, many lenders in the Isle of Man are regulated for other reasons (e.g. by virtue of taking deposits, conducting insurance or intermediary business).

Security Overview

Secured lending is well established in the Isle of Man with security being taken in the form of a mortgage,

charge or security assignment. Floating charges are common. Depending on the type of borrower and/or type

of asset the subject of the security, filings may be necessary to ensure validity in insolvency and/or priority e.g. charge registrations under the Companies Acts 1931-2004 and the Companies Act 2006 and in terms of assets: land, ship and aircraft title registries.

Enforcement is still largely by way of self-help remedy through the appointment of a receiver or the exercise of contractual powers of sale. There are no statutory powers of sale (save through a coroner as explained below).

Formal insolvency procedures such as schemes of arrangement and/or provisional liquidation may also be used for restructuring as alternatives to administration proceedings, which in themselves do not form part of Isle of Man insolvency law.

Read More

Type

Insight

Locations

Isle of Man

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