Martin Blake
Martin is a partner in the banking and financial services team at Farrer & Co. He has broad experience in a range of domestic and international banking and finance matters, including general corporate and individual lending, workouts and restructuring, property finance and acquisition finance. Martin advises lenders, borrowers and sponsors on syndicated, bilateral, secured, unsecured and structured financing transactions. He is familiar with dealing with a variety of assets used as collateral, including land, intellectual property, stocks and shares, revenue streams and other contractual rights.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2002
Education
- St. Albans School, University of Sheffield
1 Contributions by Martin Blake
PRACTICE NOTES
Taking Security over Trust Assets: Trustees’ Borrowing Powers, Land Overreaching, Regulatory Issues and Documentation (England and Wales)
Trustees and trust assets
In numerous ways, obtaining security from trustees over trust property resembles taking security from chargors who hold the applicable asset outright. Factors that arise when securing obligations from an individual equally arise when securing obligations from individual trustees, and the same principle applies to their corporate counterparts. This Practice Note does not aim to address matters of general application when taking security; instead, it concentrates on particular points to keep in view when security is taken over trust assets. It highlights nuances specific to trust-held assets for lenders and advisers. This Practice Note addresses the following topics:
the nature of trusts
the powers of trustees to borrow and grant security
specific issues to assess where security is taken over land
regulatory aspects, and
documentary considerations
Please note, this Practice Note deals with issues concerning the taking of security from trustees generally and not charity trustees. For discussion relevant to charity trustees, see Practice Note: Mortgages by charity trustees. Before turning to the particular points that arise on taking security, it is helpful to reflect on the character of the relationship between trustees and trust assets. By way of reminder, a trust does not have its own...
Banking & Finance
If you expected to see yourself on this page, click here.
