Loans Securities Documentation

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About JIFS

Program Overview

Knowing the kinds of securities that are legally enforceable which provide adequate protection are critical to the wellbeing of any financial institution. This programme will, therefore, provide a step-by-step approach where participants will be guided through the various components of loan securities documentation.

 

Target Audience

Staff involved in taking, perfecting, and registering loan security documents. This includes Lending Officers for corporate and personal loans, Securities Officers, Supervisors, and Managers of securities departments.

Objective

The objective of the programme is to protect the well-being of the Institution by ensuring that the securities held are legally correct and enforceable and provide adequate protection.

 

At the end of this programme participants should:

 

  • Have a deeper understanding of the function and purpose of taking security
 
  • Be able to recognize the various types of charges
 
  • Understand the advantages and disadvantages of using various securities
 
  • Become more familiar with procedures for taking securities
 
  • Understand the remedies under charges
 
  • Recognize the various escapes used by borrowers
 
  • Have a greater appreciation for the benefit  of proper record keeping and custodial requirements

     

    Course Content

    • Reasons for Taking Security

     

    • Instruments of Charge - Taking and Releasing

     

    • Remedies under Charges
    • Legal & equitable rights
    • Remedies – mortgagee, bill of sale & others

     

    • Duties of the Institution and the Borrower

     

    • Escapes commonly used by Borrowers
    • Misrepresentation
    • Undue influence
    • Lack of consideration
    • Lawsuits/countersuits

     

    • Taking of Company Securities
    • Debentures – security value and protection offered
    • When to appoint a receiver

     

    • Realization of Security
    • Preparing for realization
    • Satisfying legal requirements
    • Post realization steps

 

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