Client Insolvency Issues Back |
 In times like the present, members should be alert to the potential for an increase in client insolvencies. It might be a prudent precaution for brokers to carry out an audit of their client documentation, particularly in relation to major clients, to ensure that copies of all relevant documentation are held, that the documentation is in order and that client agreements are effective.
Areas of particular importance are guarantees and security. Amendments to documents may not be enforceable against guarantors unless an appropriate clause to that effect is in place. Current examples of disputes between parties over the effectiveness of security highlight the need to check who has title to any security being held, and that any securities by way of charge are registered as may be required. Seeking appropriate legal advice can be a wise move in these times.
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