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Jurisdiction(s):
United Kingdom
Key definition
Lending definition

What does Lending mean? In copyright practice, lending means making a copy of a protected work available for use on the understanding that it will, or may, be returned. It is a statutory concept in the UK and Ireland and is distinguished from rental by the absence of any direct or indirect economic or commercial advantage. Lending to the public usually occurs through establishments accessible to the public (for example, public libraries and certain educational or cultural institutions). Reasonable cost‑recovery charges do not convert lending into rental. The classification matters because lending to the public is a restricted act. It engages the rightsholder’s exclusive lending...

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Guernsey cross-border lending and security: licensing, tax, debt transfer, taking security over assets, guarantees, enforcement, intercreditor ranking, governing law and recognition of English judgments

Practice notes
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Loan market and developments

Offer a succinct summary of the current position of the loan markets in your jurisdiction and any notable recent developments. Lending by Guernsey banks is generally confined to deals concerning local real estate or other Guernsey assets held by Guernsey businesses. In practice, Guernsey financing is chiefly provided by UK and other European banks to Guernsey vehicles that own both Guernsey and non-Guernsey situs assets, including UK property.

Provide a short outline of any impending legal changes or other factors that may influence the loan markets or the answers below. No relevant changes are anticipated.

Lending

  • Must any consents or licences be obtained to lend in your jurisdiction or to enforce rights under a loan agreement, and if so, what is the procedure for securing such consent or licence?
  • Are there any additional lending restrictions that foreign lenders should note?...
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Christopher Jones
Christopher Jones

Christopher advises financial institutions, investment funds and corporate clients on a broad range of multijurisdictional transactions. He has extensive experience in respect of banking and finance, derivatives, restructuring, corporate matters, mergers and acquisitions, private equity and listings.Recent transactions include advising Wells Fargo Bank International in respect of the amendment to a '215 million term facility made available to the Shurgard Self Storage Group.  Christopher also regularly advises global investment banks in respect of industry standard documentation produced by the International Swaps and Derivatives Association, the International Capital Market Association and the International Securities Lending Association.Christopher is an advocate of the Royal Court of Guernsey, a solicitor in England and Wales and a member of the Bar of New York....

Matthew Macfarlane
Matthew Macfarlane

Matthew advises a variety of financial institutions and companies on a wide range of banking, derivatives, corporate, finance and restructuring transactions, predominantly of a multi-jurisdictional nature....

Web page updated on 21/05/2026

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